Bringing a Marietta individual damage claim to the courts can effectively be conceptualized as having to climb a hilly landscape. With an experienced Marietta personal injury lawsuit however, it does not have to be that way. A knowledgeable attorney will make sure you follow every step strictly in the filing of your personal injury claim, including proof of the establishment of duty owed, causation, breach of that duty, and damages.
You have to establish four very basic elements of proof to get your personal injury claim started.
These elements are:
- Damages
- Breach of duty
- Causation
- Duty owed
You have to prove that someone had a duty to care for you, and he failed. After failing, it is that their failure led to your injuries because you incurred losses in the process. As aforementioned, all this may sound like rocket science to you because you don’t have the much-needed experience, but a knowledgeable personal injury attorney in Marietta will help in establishing all these four elements of building a solid case against your defendant.
Send a Demand letter to the party, then file a Lawsuit
After laying the grounds for these basic elements, as outlined in the previous section, probably the most important aspect is delivering your demand letter to the at-fault party or parties. It is essential that your letter of demand should emphasize the facts of your accident and why, as a matter of law, they are liable for your harms and losses.
If your claim is not settled at this level, then it is time to file a case. You will want to keep in mind that there is something called a statute of limitations to deal with. So, it is vital to act swiftly and promptly.
Investigation and Recovery Stage:
The investigation and discovery stage starts once you file your lawsuit. This phase involves gathering and sharing important evidence like:
- Witness statements
- Medical records and related costs
- Police reports
- Photos and videos of the scene
Your experienced lawyer will add evidence continuously to make your lawsuit stronger, ensuring you’ve got the best possible personal injury lawsuit outcome.
Settlement Discussions and Negotiated Compensations Settlement discussions may start at this phase. Also, it’s a stage where many personal injury cases end. The defendant and complainant agree to end the case for a reasonable compensation amount.
This is, in most cases, a favorable approach for the two parties as it helps them avoid additional legal expenses. Also, the accuser avoids the uncertainty and risk of a trial. A binding legal agreement is achieved once the two parties agree.
Pre-Trial Stage
This stage includes hearings, discovery, and arbitration/mediation. If a settlement isn’t reached, your case advances to the pre-trial phase. A neutral third party may be involved in the mediation process, helping to resolve the problems.
Arbitration is almost similar to a trial as it’s a more formal proceeding. These options are viable alternatives that can provide quicker solutions compared to a court verdict.
Trial Stage
If your case advances to this level, it can last between a day and several weeks. A trial allows each side to present its case in a formal manner. It usually involves calling witnesses and providing physical evidence. A jury is responsible for the trial, making sure that the proceedings remain on track. The judge will decide whether you have proved your lawsuit and are entitled to fair compensation.
While these steps seem challenging, you can easily navigate them with the right Marietta personal injury lawyer. Pick an experienced lawyer to increase your lawsuit-winning chances.