In the recent past, personal injury law cases were almost unheard of. In fact, today many people do not know what a personal injury case is. But, if you are involved in one, you will want to know how to proceed with filing it. If you have been injured in any way by someone else’s neglect, you can file a personal injury case. You will need to find an attorney who practices in this field of law and he will proceed with the proper paperwork that needs to be filed. Texas personal injury attorneys for instance, will need to sit with you and find out all the details of the case. They will ask you how and when it happened and how you perceive the injury to be the result of another person’s neglect. What they did to cause the injury.
Filing the Petition
The first thing your attorney will do is file the initial petition with the court. This established the case and the court will decide the date for the first proceedings. They will assemble a jury who will hear all the arguments from both sides and then make a judgement on it. Once the initial papers are filed, your attorney will begin working with the attorney for your opponent on trying to settle the case before the court date. Most times, this is how a case is settled. Many times, a lawyer will advise his client to settle prior to a jury hearing the case. There is a better chance that you will lose when a jury makes a verdict.
After Settling the Case
Once the case has been settled, whether prior to or after the court date, then it is time to collect on any monetary amount. If you have sued a business, the monies will be paid by the companies insurance. If it were against a person or persons, then collecting may become more difficult. The lawyers on both sides will determine a date for all monies to be paid. If the defendant does not pay by this time, your attorney will need to file additional paperwork in the court.
When to Take Your Case Further
Additional papers filed in court will mean that you must wait longer to get any settlement amount. The court will allow the defendant to respond to the papers and explain why the money was not paid. If they can prove hardship, the court may reduce the amount of settlement money you were given. Many times, defendants will file for bankruptcy prior to the second court date and may include the settlement agreement in that bankruptcy. In this case, you may not be able to collect on any of it.
Only an attorney can advise you on whether a case is worth going to court on or not. If he believes that it is a case that will not win, he most likely will not take you on as a client. Attorney fees for these cases will vary.