You may be curious about personal injury claims if you have been injured in an accident that wasn’t your fault. These are the steps of a personal injuries case. How settlements work and what happens when cases go to trial.
If you need help or have any questions about filing a personal injury claim, contact one of our Greenville personal injury lawyers at Hernandez & Cabra today. We can help you to get the compensation that you deserve for your injuries.
What Steps Do I Need to Take to File a Personal Injury Claim?
These are the steps that you should take to file a personal injury case in Greenville, SC:
Seek Medical Attention
First, seek medical attention. It is important to do this quickly. You should seek immediate treatment. The insurance company might argue that your injuries are not due to the policyholder.
Talk to an Attorney
To evaluate your case and collect evidence, to help you calculate and document damages, as well as represent you at trial or negotiations, you should seek out a qualified personal injuries attorney.
Gather Evidence and Conduct an Investigation
Your attorney will conduct an independent investigation into the accident. They will also gather evidence to support your claim. Witness statements, surveillance footage and photo evidence are all possible.
Reach a Settlement
Your attorney will try to negotiate a settlement between the insurance company and you. Insurance companies are not for profit entities. They will try to lower the amount they have to pay you. Your attorney will be able to help you navigate these tactics and get the compensation that you deserve.
You Can File a Personal Injury Suit
Your attorney will file a personal injuries lawsuit against the at-fault party if a settlement is not reached.
Participate in Mediation
Mediation is an attempt to settle a claim before it goes to trial. Many claims are settled out of court during mediation. Mediation is typically conducted by retired judges and allows both parties to attempt to reach an agreement.
Proceed to Trial
If mediation fails, your case will go to trial. Your attorney will present your case before a jury and a Judge. Based on evidence from both sides, the jury will render a verdict.
What Happens During a Personal Injury Trial?
If settlement talks are deadlocked, a personal injury case will typically go to trial in a personal injury court. Your case may be complex enough that the trial can take as little as one day, or a week or longer. A jury will decide the verdict in a personal injury case.
The jury selection process is followed by opening statements. This is where your attorney will present the basics of your case to the jury. After both sides have presented their evidence the jury will consider and make a decision.
How Do Personal Injury Settlements Work?
Most personal injury cases are settled out of court. There are many reasons this happens, including cost and time. While your attorney will attempt to settle the case with the insurance company initially, if that fails, your attorney may pursue a personal injury suit. The discovery phase of a trial, and the trial itself, are the times when the parties will attempt to settle through mediation.
Acceptance of a settlement means that you are generally unable to file a personal injury suit. It is important to have an attorney on your side when you negotiate. In many cases, insurance companies offer a low-ball settlement that appears generous, but is actually less than what you really need or deserve. You could be responsible for the expenses that your insurance does not cover if you accept it. Getting the settlement you deserve will be easier if you consult an attorney.
Your case against the defendant is strong and your damages are the main factors that will impact the settlement value.
Contact Hernandez & Cabra for a Free Consultation Regarding Your Personal Injury Case
For a complimentary consultation, contact one of the personal injury lawyers at Hernandez & Cabra today at 864-501-4384. We will review your case and help you to determine your legal options. Then, we will aggressively pursue the compensation that you deserve.