After an injury accident, a personal injury case will proceed through a few different stages while the plaintiff’s attorney negotiates with the defendant’s attorney and the insurance company in an effort to reach a settlement.
After Your Injury: What to Expect With Your Case
If you have been injured in an accident that was caused by another person, you are likely wondering what you can expect to happen regarding your personal injury claim. Personal injury cases differ from each other, but they all have some basic stages in common with one another.
Complaint, Answer and Motion for Summary Judgment
After your accident, your Las Vegas injury attorneys will analyze what happened to you, who was at fault and the damages. They may then send an initial demand letter to the insurance company within the range of values they have determined your case is worth. In some cases, a lawyer may reach a settlement with the insurance company without ever having to file a formal complaint. In many, however, it will be necessary to file lawsuits. Your lawyer will do this by filing the civil complaint. This document outlines the legal grounds for your lawsuit. After it is served on the defendant, the defendant’s attorney will draft, file and serve the answer to your complaint. In many cases, defendants file motions for summary judgment, which are motions requesting the court to dismiss the claim based on there not being legal grounds for filing it. After the hearing, if your case stands, it will then proceed on to the settlement or trial phase.
Settlement or trial
If you reach a settlement agreement, you will be required to sign documents outlining the agreement while also agreeing to waive any further legal action for the accident. If you do not reach a settlement, you will then prepare for a trial. The majority of personal injury cases reach fair settlements without ever going to trial. If you do go to trial and you win, you can expect the defendant to file an appeal. If you are unsuccessful at trial, you will have the ability to file an appeal as well. Your lawyer can explain more about what you can expect.