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Personal Injury Lawsuits at a Glance

On Behalf of | Apr 21, 2022 | Personal Injury

If you or a family member is injured due to someone’s negligence, you may want to talk to an attorney to recover your losses, also known as damages, from the responsible party.

Discussing Your Case with a Personal Injury Attorney

During an initial consultation, you will discuss your case with an experienced personal injury attorney who will weigh in on the strengths and weaknesses of your case so that you can decide whether to move forward. The attorney may agree to lead to an exploratory investigation which will include whether a defendant has applicable insurance or sufficient assets to compensate you for your damages.

How to File a Personal Injury Lawsuit
When your attorney concludes that the case is viable, and you wish to proceed, you and your attorney will enter into an attorney-client relationship and a personal injury complaint will be filed in civil court. The complaint is the first official document in a case, laying out what the plaintiff is alleging that the defendant did and how you were injured as a result.

Serving the Plaintiff
After it is filed, the complaint will be served to the defendant, meaning the complaint will be physically delivered to ensure that the plaintiff is aware of the lawsuit. Upon receiving the complaint, the defendant will secure an attorney or have one assigned after notifying their insurance company.

Discovery Phase of a Personal Injury Case

At this stage, the attorneys on both sides will gather evidence and witness information during the discovery phase, making intermittent court appearances to inform the court how the case is proceeding, scheduling a trial date if the parties have not agreed to mediation or arbitration.

Settlement or Trial
If the parties cannot reach a settlement, which is the most likely outcome, the case will head to trial where a judge or jury will determine if the defendant is at fault and how much he or she will pay in damages.

Contact Experienced West Des Moines Personal Injury Lawyers for Help

You deserve high quality representation from attorneys who are passionate about the law and protecting their client’s rights. When you or your family member is injured by negligence, contact the personal injury attorneys of Loney & Schueller at 515-416-4006.