What to Expect in a Personal Injury Lawsuit:
If a person is injured in Mississippi because of someone else’s negligent behavior and they want to pursue a claim, how does it work? Find out here.
First, it is always best to contact an experienced attorney to assist you with your claim. When we get a call at Rundlett Law Firm seeking help for an injury we will always spend a good deal of time discussing all the details about the incident. We will want to know all about you, your past, your family, your work history, and the extent of your injuries. We will never rush a consultation and we will give you our absolute, honest opinion about the case.
If we both decide to move forward with representation, we will sign a contract that clearly explains the extent of our representation. Attorney fees are almost always set up on a contingency fee in personal injury cases. We don’t get paid unless you get paid. If it is more convenient, we can send the contract by a document signing service via e-mail. The contract can be finalized right from your computer or smart phone.
Once we are on the same page and representation is secured, we will start the evidence gathering process. Medical records, expert statements, photos, police reports, and witness statements are all very important to a case. We like to have as much evidence as possible to support your claim before beginning negotiations.
In most situations, the at fault person, or defendant, will have a policy of insurance to cover the damages that have been suffered. We will assist you with seeking recovery for past and future medical bills, lost wages, property damage, pain and suffering, and loss of enjoyment of life.
With your permission, we will make contact with and attempt to negotiate a fair settlement with the insurance provider. We will give the insurance company a short, but reasonable time to conclude the matter. However, if the insurance company does not respond or does not respond reasonably, Rundlett Law Firm is not afraid to file a formal law suit and go to war for you.
Should we have to file a law suit, our attorneys will draft all the necessary filings and personally serve the at fault party. This is when the true litigation process begins. The court will likely enter a scheduling order that sets out all deadlines and a trial date. It is always best to set a trial date as soon as possible. A solid trial date will force the insurance company to come to the table and try to resolve the matter.
The discovery process will be completed before the Court will allow the case to proceed to trial. What is the discovery process? There are legal rules that allow each side to send written questions, conduct depositions, and subpoena documents to prepare for trial. Your attorneys will help formally answer the written questions. Your attorneys will also help prepare you for a deposition. A deposition is a face to face question and answer session. The person being deposed is under oath to tell the truth and everything that is said is transcribed by a court reporter.
If a settlement is agreed upon, you will be asked to sign a release. A release is a document that clearly states the terms of the settlement in exchange for closing the matter forever. You will never be able to come back and make a claim on the case again. So make sure all issues are fully discussed and considered by you and your attorney before signing a release.
If settlement can not be reached, your case will proceed to trial. At trial, your attorney will present the evidence in support of your claim to a jury. The defense will present their evidence against your claim. Finally, the jury will determine whether you win or lose.
“Success is not final, failure is not fatal; it is the courage to continue that counts.” – Winston Churchill