Personal Injury Lawsuit: Step-by-Step

If you find yourself in such a situation and are considering filing a personal injury lawsuit in Maryland, it’s essential to understand the legal process involved. Suffering a personal injury due to someone else’s negligence can have a profound impact on your life. And recovering full and fair compensation for your accident or injuries can be just as impactful.

This guide will walk you through the key steps connected to personal injury lawsuits, how a top personal injury lawyer in Maryland can help your case, and provide you with valuable insights into what to expect during a personal injury trial in Maryland.

Step 1: Seek Legal Representation

The first and most crucial step in pursuing a personal injury lawsuit is to hire an experienced and zealous personal injury attorney. A qualified attorney will provide you with expert legal advice, represent your interests, and guide you through the complexities of Maryland personal injury law.

Their expertise will prove invaluable in gathering evidence, investigating the accident, negotiating with insurance companies, and ensuring you receive fair compensation for your injuries. From that perspective, it is imperative that anyone conduct research to determine who might be the best advocate on their behalf as their case moves along. Some of the factors involved in making that decision should be: (1) Client reviews, (2) case results, (3) personal rapport, (4) willingness of the attorney to answer all of your questions prior to having you sign an engagement letter.

Step 2: Treatment and Pre-Litigation Phase

Assuming you retained counsel immediately following the accident, the next phase includes treatment for your injuries to ensure that you make a full and complete recovery from your injuries. Once that treatment is completed, your car accident lawyer should request copies of all the records and bills from your treatment in addition to documentation supporting any other economic damages claim that you have including lost wages, property damage and other out of pocket expenses.

That information is then submitted to the insurance company for the at fault driver and your attorney should then engage with the insurance adjuster in settlement negotiations. Another important consideration at this juncture is what your attorney’s approach is to those negotiations. At Dubo Law, we are guided by two foundational principles. First, any and all settlement decisions are made by our clients, not by the attorneys. The role of the attorney is to negotiate the best possible settlement and then present to the client the pros and cons of that offer and offer advice as to whether or not they believe the offer is fair and reasonable. But it is not the role of our attorneys to either make those decisions for our clients. The second governing principle is that if the settlement offer is not fair to our client, we will 100% file a lawsuit and move the case into litigation, including going all the way to trial if necessary.

It is critically important that your personal injury attorney is willing to take an aggressive approach because unless the insurance company believes your lawyer will litigate to the end, they will not make reasonable settlement offers.

Step 3: Filing the Lawsuit

In the event your case does not resolve, your attorney will file a lawsuit on your behalf in the appropriate Maryland court. This involves preparing a complaint that outlines the details of your case, including the parties involved, the injuries sustained, and the damages sought. The defendant, typically the person or entity responsible for your injuries, will then be served with the lawsuit and given a specific period of time to respond.

Where the lawsuit is filed is often a strategic question based on the geographic venue and also whether your case should be filed in District or Circuit Court. Again, it is critical that you have an attorney who understands these factors and makes the strategic decisions in a way that increases the chance of a successful outcome.

Step 4: Discovery Phase

During the discovery phase, both parties exchange information and evidence relevant to the case. This includes documents, medical records, and witness testimony through depositions. Depositions are sworn statements given under oath and they may be conducted of the parties as well as any non-party witnesses or experts. This phase allows each side to gather information, build their case, and assess the strength of the opposing party’s evidence.

Step 5: Settlement Negotiations or Mediation

Before proceeding to trial, there may be opportunities for settlement negotiations or mediation. Your personal injury attorney will assess any settlement offers and advise you on their fairness and adequacy. If an agreement cannot be reached, the case may proceed to trial. Mediation, a facilitated settlement conference, can also be pursued to explore alternatives to a trial. It is important to note that, unlike arbitration, mediation is not binding and so neither side is obligated to settle the case during that process. However, it is designed to provide an opportunity for an independent third-party mediator to see if he or she can facilitate a pre-trial resolution to the case.

Step 6: Trial

If your case goes to trial, a judge or jury will hear the evidence presented by both sides and make a decision based on the preponderance of evidence. That means that the fact-finder will be asked to decide whose version is more credible and more likely true. Your personal injury attorney will present your case, including witnesses, experts, and other supporting evidence. The defendant’s attorney will do the same. The outcome of the trial will determine whether you receive compensation for your injuries and damages and how much.

Step 7: Appeals

If either party is dissatisfied with the trial outcome, they may choose to appeal the decision to a higher court. The appeals process can be lengthy and complex, requiring the expertise of an appellate attorney. It involves reviewing the trial record, identifying potential errors or legal issues, and presenting arguments to convince the appellate court to overturn or modify the trial court’s decision.

Conclusion

Navigating a personal injury lawsuit in Maryland can be a challenging and time-consuming process. However, with the guidance and expertise of an experienced personal injury attorney, you can navigate each step with confidence. Remember to seek legal representation, understand your rights, and be patient throughout the process. By following these steps and working closely with your attorney, you can increase your chances of obtaining fair compensation for your injuries and damages. Contact an experienced and skilled car accident lawyer at Dubo Law today at (443) 275-6345.