Orange County Personal Injury Attorney
A personal Injury happens when a person or people hurt another person either emotionally or physically. It is usually because of an accident or product malfunction and rarely happens on purpose. A personal injury case is best to be taken on by a personal injury attorney. A personal injury attorney has many years experience with these types of cases and possess the right kind of information to get you on the right path.
When the Accident Happens
When a personal injury accident happens there are few things that can occur. It is very important to get all accounts of the accident recorded and do it in a timely matter. In the case of a car accident the street the accident occurred on will need to be cleaned up quickly so taking photographs are your best bet. (It's always a good idea to keep a disposable camera in your car.)
Contact a Personal Injury Attorney as Soon as Possible
It is a good idea to contact a personal injury attorney as quickly as you can after an accident occurs. A good personal injury attorney will let you know if you are missing any key evidence and direct you in the taking the next appropriate steps.
After your attorney assesses the situation the two of you will figure out what damages are owed to you from the result of the accident. Then your attorney will send a demand letter to all parties involved. The demand letter will have all of the information about the accident came to happen, the result of the accident, and ask for a settlement. The letter will most likely have a times frame for a response to give applicable time before a lawsuit is filed. If a settlement is reached then you will not need to proceed to file a lawsuit.
Filing the Lawsuit
If you have not heard from the opposing party or they do not agree to your settlement terms your attorney will advise you to file a lawsuit. When you file a lawsuit a court hearing is arranged.
The discovery is when both parties begin to gather all information about the case. Testimonies, documents, and evidence are compiled. The process can include written questions, witness and expert knowledge, and a deposition. This process can take many months, even years.
A variable of motions are brought forth to the court in order to either permit or dismiss them. The opposing party has a certain amount if time to respond to the motions and state their claim to the court. Occasionally a hearing is held so both parties can state their claims.
At anytime during the lawsuit a mediation can be called forth so both parties can attempt to come to an agreement outside of court and attempt to settle the dispute. This is where a neutral attorney meets with both parties and tries to come to an agreement.
If a settlement cannot be agreed upon then the lawsuit will go to trial. The case will be presented in front of a judge or a jury and all evidence and witnesses will be assessed. Once all of the evidence is submitted a judge or the jury will give their verdict.
If either party believes there was an error at anytime during the lawsuit an appeal can be made. By making an appeal you are moving the lawsuit to a higher court for review. This can also be a lengthy process, but if a large mistake was made it is a worthy step.
As you can see a personal injury claim is a lengthy process. It can be a confusing and tedious affair. An Orange County personal injury attorney can help you understand all of the necessary steps needed to keep you on the right track.
Ken Marks Law is an Orange County personal injury attorney with high standards that will get you the compensation you deserve.