Personal injury claims are relatively simple in theory, though the process of bringing a claim against a negligent party can often be more difficult. A personal injury claim begins when someone who has been injured requests monetary compensation for what they have gone through. A claim is most often made through the insurance company of the responsible party that caused the injury. If the claim is not settled, then a personal injury lawsuit will usually be filed.
This is just the beginning of the litigation process. First comes the discovery, in which questions are posed by the other side and their legal representatives. Next comes a deposition, a sworn statement in which the negligent party’s attorney or insurance company’s lawyer asks the injured party questions relating to the incident that caused the injury. Only after this would a case then go to trial. Most cases are settled long before a jury trial, though when there is a disagreement as to the amount of damages or to the apportionment of fault, a jury will ultimately decide how much monetary compensation should be made in a personal injury claim.
This means almost every personal injury claim will end in one of three ways. First, there can be a dismissal, which may occur because either the injured party chooses not to pursue the case or a judge orders that the case has no merit. The second and most common way in which a personal injury claim can conclude is through a settlement, in which both parties agree to an amount that is fair compensation for the damages and injuries caused. Settlements are not necessarily favorable for all sides. Sometimes the settlement is more favorable for the injured party and sometimes it is more favorable for the liable party, or for their insurance company. Quite often, neither party is happy with the settlement. But the key to a settlement is that both parties agree to it, and in so doing the plaintiff then agrees not to pursue further litigation in the personal injury case.
The last way a personal injury case can be resolved is through a judgment. This essentially means that a jury has rendered a verdict, and a judge will then usually sign a piece of paper called a judgment, most often for the same amount for which the jury decided. A jury verdict is not final, however. The case can then go up for appeal, and the case can then continue until there are no more legal avenues for appeal by any of the parties involved in the personal injury claim. Only then does the judgment become final.
For more helpful information regarding personal injury claims, please feel free to get in touch with the experienced personal injury lawyers at Breyer Law. Contact us for a free, no-obligation consultation of your potential personal injury case. We can help.