Steps in a Personal Injury Claim

While no two personal injury cases look exactly alike, there are several common steps that every case must follow. In this article, Evolve Legal will explain how the plaintiff and defendant navigate a typical case – from hiring a personal injury lawyer to the discovery process to accident compensation.

1. The Plaintiff is Injured

Every personal injury case starts with the plaintiff being injured as a result of the defendant’s negligence. Injuries that constitute a personal injury case include things like worker’s compensation claims, motor vehicle accidents, slip and fall accidents, public liability incidents and more.

If the plaintiff believes that his/her injuries are the result of the defendant being negligent or acting unlawfully, the plaintiff can hire a personal injury lawyer.

A personal injury lawyer will help the plaintiff seek damages or compensation for medical expenses, lost wages and other monetary debts due to the accident.

2. A Complaint is Served on the Defendant

Next, the plaintiff’s personal injury lawyer will file a personal injury complaint with the proper court. This complaint lays out what the defendant did, how the plaintiff was injured and other details about the case.

After filing the complaint, the plaintiff’s personal injury lawyer will serve the defendant. To serve someone means to physically deliver the complaint and request a court appearance.

3. Discovery Process

During the pre-trial and discovery process, the plaintiff’s and the defendant’s lawyers will collect as much information as possible to support the case. The discovery process may involve finding witnesses and collecting their depositions under oath.

4. Personal Injury Case Trial

The final step of a personal injury case is the trial. During this step, the judge or jury will determine if the defendant is at fault for the plaintiff’s accident and how much the defendant owes in damages.

Many personal injury cases settle before trial. Even if this is the case, having a personal injury lawyer will ensure that the plaintiff receives just accident compensation for their injuries.

If you’re thinking about pursuing a personal injury case in Queensland, the lawyers at Evolve Legal can help. To schedule a case review, call us on 1300 025 101 or complete the contact form.