What Is The Process For Filing A Personal Injury Lawsuit? - O'Connor Acciani & Levy

What Is The Process For Filing A Personal Injury Lawsuit?

December 5, 2017 | By O'Connor Acciani & Levy
What Is The Process For Filing A Personal Injury Lawsuit?

If you were injured because of another person's negligence, you may be able to file a personal injury lawsuit to attempt to recover compensation for medical bills, lost wages, and pain and suffering. However, the legal process is very complicated and can involve numerous steps. That is why you will need a personal injury attorney in Cincinnati at your side to fight for your best interests every step of the way. The attorneys of O’Connor, Acciani & Levy have helped many victims of negligence recover the compensation they deserve. We are well-versed in every step of the process and what it takes to be successful.

1. Hiring An Attorney

One of the most frequently asked questions about personal injury cases is: why do I need an attorney? Working with an experienced personal injury lawyer is in your best interest when pursuing compensation for an injury caused by another person’s negligence. Your attorney will provide expert guidance throughout the legal process. Our qualified personal injury lawyers provide a free, no-obligation consultation to answer any questions you may have about filing a lawsuit. During the consultation, we will also evaluate details about your injury to determine the legal options available. It is helpful if you bring all evidence supporting your claim to your consultation, such as:
  • Accident reports
  • Medical records
  • Personal journal of events
If our legal team believes you have a viable case, we will begin investigating the accident and your injuries. We will gather evidence and review it to determine what caused your injuries, their extent and the amount of compensation you may be entitled.

2. Negotiating With Insurers

Often, personal injury lawsuits start out as insurance claims, filed with the at-fault party’s insurer. Our attorneys can assist you in filing a claim, or sending a demand letter to the insurance company regarding your case and a desired settlement amount. Our lawyers handle communication with the insurer so you do not have to and work to secure a settlement that gives you the compensation you need.

3. Filing A Lawsuit

If we are unable to reach an acceptable settlement with the insurer, the next step is often filing a personal injury lawsuit in civil court. Our attorneys will file a complaint detailing your allegations against the at-fault party, your injuries and the damages suffered. The at-fault party will be given a certain amount of time to respond as the case heads to trial.

4. Going Through Discovery

Discovery helps our attorneys prepare for trial. Attorneys from both sides gather evidence, testimony and other supporting information from the plaintiff, defendant and third parties. The discovery process may include:
  • Obtaining expert testimony
  • Conducting witness interviews
  • Reviewing laws applicable to your case
  • Taking depositions

5. Negotiating A Settlement

As evidence is gathered before trial, both parties may attempt to reach a settlement. Doing so before trial can be in the best interest of both the plaintiff and defendant, helping both parties to avoid the lengthy and expensive legal process.

6. Going To Trial

If no settlement is reached, your case will move to a jury trial. During your trial, both parties have the opportunity to argue their side of the case. Evidence will be presented to the court, witnesses and experts will be called upon for testimony, and your attorney will give arguments supporting your case. The jury will listen to all information presented and will deliberate on the case. The jury will come to a verdict with instruction from the court. If the jury rules in your favor, it may also issue an award for compensation relating to the damages associated with your injury. Our attorneys work to help you gain maximized compensation in your case.

7. Filing An Appeal

If either side does not agree with the verdict, they have the right to appeal the decision. If an appeal is granted, all evidence, case details, and the court’s decision will be passed on for review by a higher court. The lower court’s decision could be reversed if the appellate court believes the ruling was improper. The appeals process can stretch your lawsuit for years before a final decision is reached.

Contact Our Personal Injury Lawyers Today

Pursuing a personal injury lawsuit may leave you wondering what comes next and the amount of compensation you may be eligible for. The seasoned personal injury attorneys of O’Connor, Acciani & Levy will guide you through the litigation process and answer all questions you have along the way. Schedule a free, no-obligation consultation today to learn how we can assist you with your case. We work on a contingency fee basis, so you only pay legal fees if we help you recover compensation.