What Are The Steps To Recover Damages In A Personal Injury Lawsuit?

In this Article
Reading Time:
Posted: 13th August 2021 by
Kyle Bachus
Share this article

Kyle Bachus, a founding partner of Bachus & Schanker LLC, explains how you can recover damages in a personal injury lawsuit. 

A personal injury lawsuit is a significant undertaking. In order to recover financial compensation, you must do the right things. A personal injury lawyer is a trained professional that can represent you throughout the process. Of course, no one chooses to get injured. You’d rather not have the painful injuries, medical bills that are piling up and missed time from work that you can’t afford. However, getting a monetary payment can be what helps you reestablish your life. A personal injury attorney can assist you in taking the necessary steps to recover damages in a personal injury lawsuit.

What Is A Personal Injury Lawyer?

Understanding how to receive compensation for an injury begins with understanding what a personal injury lawyer is. They are a licensed professional who is trained to file lawsuits on behalf of injured victims. They represent the victim or stand in their place throughout the case. A personal injury lawyer may undertake a variety of tasks, including evaluating the case for a legal strategy, filing court documents, speaking in court and pursuing evidence. They are a trained representative for their client who takes actions on their behalf in order to claim compensation after a personal injury accident.

Types Of Personal Injury Cases

Personal injury cases come in lots of different forms. Some of the types of personal injury cases that can occur are:

  • Auto accidents - Car accidents may involve cars, SUVs, trucks, commercial semi-trucks, bicyclists, motorcyclists and pedestrians. Negligence may occur in many forms like speeding, following too closely, disobeying stop signs and driving under the influence.
  • Wrongful death - When a person loses their life because of a personal injury accident, survivors may bring a wrongful death claim. Although the principles of legal liability are the same, there may be differences in the timeline to file the claim and the types of damages that the plaintiffs may demand.
  • Workplace accident - Poor training, a lack of supervision, improperly maintained equipment and understaffing could all contribute to workplace accidents. When a person is hurt on the job or while working in the course and scope of their employment, the injury may be the basis of a personal injury lawsuit.
  • Slip and fall accidents - Dangerous conditions can cause slip and fall accidents. Spills, poorly maintained flooring, ageing railings and weather conditions can all create dangers that result in injury.
  • Medical malpractice - Healthcare professionals have an obligation to do their job with a reasonable amount of skill and care. Poor training and carelessness can result in serious injuries to victims. 
  • Exposure to toxic fumes or substances - Dangerous chemicals can cause short-term and long-term injuries to victims. When toxic substances cause injuries, the victim may have a valid legal claim.
  • Product liability - The products that we use in everyday life may be dangerous because of their design, the manufacturing process or inadequate instructions. When harmful products hurt a victim, a personal injury lawsuit may be the result.
  • Intentional torts - Assault and battery offences may form the basis for a victim to bring a civil claim for compensation and a finding of legal liability.

Type Of Compensation In Personal Injury Cases

Compensation in personal injury cases may include any of the following that applies:

  • Medical treatment - The cost of additional medical care, including surgeries, devices, follow-up visits, physical therapy and mental health care.
  • Lost wages and loss of earning capacity - Both short-term and long-term lost income may be included in the claim.
  • Property loss - Damages to property may be included up to their current value.
  • Loss of consortium - When an injury damages personal relationships, loss of consortium may be a part of the claim.
  • Emotional distress - A personal injury comes with pain, suffering and emotional anguish. Emotional distress damages are awarded in proportion to the severity of the injuries and suffering.

Steps To Recover Damages In Personal Injury Lawsuits

  1. Initial Consultation With a Personal Injury Lawyer. The first step to recovering damages in personal injury lawsuits is to have a consultation with a personal injury lawyer. At your consultation, the lawyer for personal injury lawsuits can explain the law, the approximate value of your case and the case process.
  2. Filing Court Documents on Time Is an Important Step in Your Personal Injury Lawsuit. In order to receive compensation, you must file a legal claim. The legal paperwork must comply with requirements for content and formatting. The documents you file set the stage for your damages and what you will prove in the case.
  3. Pretrial Motions in Personal Injury Cases. Much of a personal injury lawsuit is won or lost on pretrial case preparations. Your attorney may file pretrial motions and take legal steps to build the evidence and create a powerful case.
  4. Settlement Negotiations Before Trial. Once you’ve built a strong case with the help of your legal counsel for personal injury settlements, it’s time to negotiate the final resolution to the claim. Negotiations are based on the strength of the legal claim that you’ve built.
  5. Attend Mediation and Go for Post-trial Motions. You may participate in non-trial resolution efforts like mediation. Your attorney has training and experience that can help make these sessions effective. In addition to mediation, you may choose to take your claim to trial. In addition, your legal team can assist you with post-trial motions and collecting your final judgment.

What Is The Best Way To Hire A Lawyer For Personal Injury Lawsuits?

Personal injury attorneys can make the lawsuit process manageable and headache-free. They can take the lead in order to ensure that your documents are accurate and that they comply with the legal requirements. You’ll never talk to the insurance companies or the defence directly ever again because your attorney handles these conversations on your behalf. 

To hire a lawyer for personal injury lawsuits, you contact attorneys from reputable law firms for an initial consultation. They answer all of your questions and explain how they can assist you in the claims process. If you hire the attorney, you sign a letter of understanding outlining how their representation works, so it’s clear for everyone. The goal is to help the client reach an outcome that gives them justice and the compensation that they deserve. With an attorney in hand, you’re ready to take the steps to recover damages in a personal injury lawsuit.

J. Kyle Bachus is one of the founding partners of the Colorado law firm of Bachus & Schanker, LLC. He provides exceptional advocacy and support to clients throughout the state and across the country who have serious, pressing, and complex legal issues. He is committed to the rights and safety of their community and the consumers who make up their community.

About Lawyer Monthly

Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world.