Personal injury claims can be complex legal processes that require a thorough understanding of the law. When someone is injured due to the negligence or intentional actions of another party, they may have grounds to file a personal injury claim in order to seek compensation for their damages.
The first step in the legal process of a personal injury claim is determining whether there is a valid case. This involves establishing that the defendant had a duty of care towards the plaintiff, that this duty was breached, and that this breach directly caused the plaintiff’s injuries. Evidence such as witness statements, medical records, and expert testimony may be used to support these claims.
Once it has been established that there is a valid case, the next step is filing a complaint with the court. This document outlines the plaintiff’s allegations against the defendant and requests compensation for damages such as medical expenses, lost wages, pain and suffering, and emotional distress. The defendant then has an opportunity to respond to these allegations by filing an answer with their own version of events.
After both parties have filed their initial documents, pre-trial proceedings begin. This may involve discovery – where both sides exchange evidence and information Gatti, Keltner, Bienvenu & Montesi, PLC Memphis relevant to the case – as well as motions filed by either party asking for certain issues to be resolved before trial. Settlement negotiations may also take place during this time in an attempt to resolve the case without going to trial.
If a settlement cannot be reached, then the case will proceed to trial where both parties present their arguments before a judge or jury. The burden of proof lies with the plaintiff who must establish that it is more likely than not that their version of events is true. If successful, they may be awarded damages by the court based on factors such as medical expenses incurred, lost income due to inability work because of injuries sustained from accident caused by negligence or intentional acts etc..
Gatti, Keltner, Bienvenu & Montesi, PLC
219 Adams Ave, Memphis, TN 38103
901-526-2126
