When you a suffer a personal injury, you or loved ones might feel overwhelmed, which is normal. Not only are you dealing with the day-to-day effects of being injured, but understanding and navigating through the court system is not routine for most people. An experienced attorney can help you through the process.
Whether you are injured in a car, motorcycle, or truck accident, a boating accident, snowmobiling accident, slip-and-fall accidents, or other personal injury accident, the moment the event occurs and right after can be critical. First and foremost, you need to take care of your health and personal well-being, and potentially that of the loved ones who may also be part of the accident. If you are in a vehicle accident, for example, you should get out of harm’s way by moving away from oncoming traffic or other obstacles and, if without further risk of danger, moving your vehicle or other belongings out of the way. Seek medical attention if you need it, and make sure it is documented.
Try to document as much as possible at the scene. Use a cellphone or other camera to take pictures of any damage or the scene of the accident. If there are other witnesses around, talk to them and get their contact information. Exchange contact information with other people party to the accident. Keep it limited and don’t make any other statements to them such as “I’m sorry about this accident” — this might be polite, but not helpful to your case.
Engaging an attorney is absolutely critical in a personal injury case. An experienced personal injury attorney will be able to assess the specific facts of your case and relate them to the law in order to come up with the best plans of action. A good personal injury attorney will be comfortable navigating through the court system, timely make the necessary filings, conduct fact-finding and discovery, come up with strategy, negotiate settlements, and represent you effectively in trial if that becomes necessary. An attorney can explain what will happen so that you can make the best decisions when it comes to your unique situation. Working with your attorney and understanding what will be happening is one of the most critical things you should do if you suffer a personal injury.
First, a complaint is served on the defendant. A complaint states an injury that the defendant caused, states a legal cause of action, and states what the plaintiff is seeking from the defendant for damages. Remember that in general, Michigan places a 3-year time limit on filing a claim for an accident. The period starts running from the date of the injury or the date you discovered the injury. If you don’t file within this time period, you may likely lose the right to your day in court.
After the complaint is served, the defendant is given time to respond and hire their own attorney. If both parties decide to go forward in the case, both sides will conduct fact-finding and discovery. This means obtaining documents, records, and statements from the other parties. Depositions to get statements and answers from other parties and witnesses will also be helpful. There may be various motions filed such as a motion for summary judgment or motion to dismiss.
Keep in mind that most cases end up settling. Trials can be monetarily expensive and time-consuming. A trial process includes choosing a jury, opening statements, witness testimony and cross examination, closing arguments, jury deliberation, a verdict, and when applicable, a judgment award. People typically do not want a long, drawn-out trial, so attorneys will often negotiate to settle on mutually acceptable terms in order to avoid trial. An offer for settlement can be made at any time. It is often made before a complaint is even filed, but it can happen during trial as well. Remember that you as a client always have the decision to choose trial or settlement — it is not the decision of the attorneys or judge.
If the case goes through the entire trial process, then either a judge or jury will find in favor of or against you in your claim. If a judge or jury finds in favor of your side, then you will be awarded a judgment to compensate you for your injuries.
If you would like to learn more about issues that come up in personal injury cases, check out:
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