How to File a Lawsuit for Catastrophic Injury?


Catastrophic injuries are those that permanently stops an individual from working and enjoying their life, the way they would before the accident.

According to the Centers for Disease Control and Prevention, the number of doctor office visits for unintentional injuries stood at 24.8 million. Additionally, the number of emergency department visits for the unintentional injuries was at 97.9 million.

You probably never expected to find yourself in this situation; injured and preparing to file a lawsuit against someone. While a traumatic accident can leave you uncertain about what to do, the legal process ahead can be equally confusing.

The following is what to expect during filing a personal lawsuit for catastrophic injury,

1.Initial Consultation with a Personal Injury Lawyer

Unless your lawsuit for an injury claim is minor, it is recommended that you discuss your claim with a personal injury law firm on mobile. During this free consultation, an experienced injury attorney will ask questions to understand your case best.

Here, you can ask questions including the lawyer’s experience. During the consultation, the lawyer advises on the best course of action and what type of compensation you are entitled to receive. The lawyer will discuss the fees required for the whole process.

2. Investigation of Your Case

Before filing a lawsuit for injury, a car accident lawyer investigates your case before filing a claim.

The injury claim lawyer will perform an investigation to assess the following;

  • The accident scene
  • Photographs
  • Medical records
  • Police reports
  • Witness statements
  • Vehicle data
  • CCTV surveillance

This process might take time because of the need to build a strong case. This provides the accident victims with the guidance and support they need as they navigate unforeseen circumstances. Car accident lawyers in Las Vegas spend a lot of time gathering as much evidence as possible showing how your injuries occurred and why the other party should be held liable. From the beginning to the finish of the legal process, they assist you and prepare you for each step.

Before filing a lawsuit, your lawyer may also make a settlement demand. This includes the damages and the injuries incurred during the accident. The other party can review this demand and reject it, accept it or make a counteroffer. If the settlement demand is accepted, your case does not need to go to court.

3. Filing The Complaint

The lawsuit actively starts when a complainant seeks compensation for a catastrophic injury that was allegedly caused by the defendant.

The complaint usually contains the identities of all parties involved, legal claims, facts related to the claims, and the legal basis as to why the court has jurisdiction to hear the case and give verdict. In the complaint, you can explain what you want the court to do, and either include an amount of the verdict you are seeking.

Once the complaint is filed, the defendant must be aware that they are being sued, which is done through summons. Both the summon and the complaint is served to the defendant through a specific process.

4.  The Discovery Process

Only after the initial pleadings have been filed does the delivery process begin. This is when the parties obtain evidence from the other to gain access to information relevant to the case. To exchange this evidence, each party must specifically request the information they want.

The discovery process involves;

  • Examination of a party whose condition is an issue in the case.
  • Depositions in which one party’s attorney asks the other party questions under the oath.
  • Requests for admission occur when one party asks the other to accept or deny facts in the case.
  • One party asks the other to provide copies of the relevant documents.
  • Interrogatories questions that the other must answer under the oath.

 During the process, the car accident lawyer consults with medical experts and medical reconstruction experts. These lawyers are responsible for case reporting, and may testify on your behalf later.

5. Begin Settlement Talks with a Car Accident Lawyer

A claimant’s lawyer may make a demand to the personal injury lawyer before the case goes to court. When it happens, the lawyers try to negotiate a settlement that will be acceptable to both parties. The majority of personal injury claims settle at this point, though sometimes a settlement cannot be reached.  

However, there are three ways your case may be resolved without going to trial:

  • Settlement- The car accident lawyer discusses a settlement with the defendant and their lawyers. There may be written offers or simply conversations
  • Mediation- When lawyers can’t solve the case together, a third party is involved to help the case. However, the mediator does not force the parties to reach an agreement but rather discusses the strengths and weaknesses of each case.
  • Arbitration- This proceeding occurs when a third party is chosen to resolve the dispute. The arbitrator decides the winning party. When both parties agree to the decision made by the arbitrator, there is no ruling in court.

6. File a Lawsuit

Litigation starts when the plaintiff and his lawyer file a lawsuit for injury in court. This initiates the discovery phase where each party completes an investigation into other parties’ claims and defenses. Both parties need to respond to all requests truthfully and thoroughly. 

7. Attempt Mediation

The lawyers will have another opportunity to settle the case after the discovery phase ends. These steps involve a meeting between the main parties and the third party. The mediator tries to help the plaintiff and defendant resolve the case in a manner that satisfies both parties.

 Key Takeaways

Have you ever been seriously injured due to someone else’s recklessness? Consider filing a lawsuit for injury with the help of a car accident lawyer to guide you through the legal processes.  

Personal injury lawyer helps victims receive the compensation they deserve. It can be stressful to walk the journey of filing a lawsuit for catastrophic injury alone.

If you or your loved one has been injured or experienced an accident that led to catastrophic injury, consider speaking with a local car accident lawyer today.

The discussion above has given a step-by-step guide to filing a lawsuit for the injury. It should guide you best.