Lincoln, AR Personal Injury Lawyer

No matter how safe you are, sometimes injuries cannot be avoided. If another person is responsible for your injuries, they should be made to pay in a lawsuit.

This is where the experience of our skilled attorneys can help. We understand that many people are intimidated about starting a case, especially if they feel it is unaffordable. Fortunately, our team can walk you through each stage your lawsuit will go through and what might be required of you. We also will not charge you unless we recover compensation for your injuries. Our goal is to give injury victims access to the level of justice each of us is entitled to. Our lawyers will gather your evidence, negotiate your settlement, and argue your case to the judge or jury if your case goes all the way to trial.

For a free case review with our personal injury attorneys, contact us today at (479) 316-0438.

What You Can Expect When Filing a Personal Injury Lawsuit in Lincoln, AR

Most people have a general understanding of how lawsuits work, but reality is often far removed from what is portrayed in television and movies. Lawsuits are a process that functions to get the most information to decide a case. Most times, lawsuits are settled well before a trial is necessary as evidence is shared between the parties so each side can build their case. If negotiations cannot settle a case after gathering the evidence, then a court might need to decide the matter. The following will fully explain what to expect when filing a lawsuit in Lincoln:

Starting Your Case

Nearly every lawsuit starts by meeting with an attorney. When you meet with our personal injury lawyers, we will discuss every detail of your case you are aware of, taking as much time as you need.

Further, you do not need to worry about paying for your consultation. Many injury victims fear they cannot afford to file a lawsuit. However, our team works on a contingency fee basis, meaning that you do not pay unless we recover compensation.

Once we have a better understanding of how your accident occurred and who might be liable, we will get your case started immediately. This might mean filing an insurance claim before opting for a lawsuit, which is common in cases like car accidents. In most cases, though, we will file an insurance claim at the same time as your lawsuit. If insurance is not an option, we will go straight to a lawsuit.

Before filing, we will collect your medical records and other evidence you might have in your possession already. However, it is no problem if you do not have any documentation. Our job is to gather your evidence while you focus on your recovery. Once we have enough evidence to substantiate your claims to the court, we will draft your complaint, which is the actual legal document that will contain the details of your accident, the defendant, and the damages you are seeking.

Discovery

The next phase of your case, and arguably the most important, is “discovery.” Discovery is a legal process that compels the attorneys for both sides to share any relevant evidence in their possession. This ensures that the playing field is fair and limits the chances of surprise at trial. This might seem counterintuitive, but the law is more concerned with ensuring justice and due process rather than gamesmanship. Thus, we can gather any evidence from the defendant that is not protected by the attorney-client privilege or another legal privilege.

During this time, though, we will also be gathering evidence and organizing your evidence. You might already have some with you, but that is never expected. Our job is to gather evidence for you so you can take care of your health. Thus, we will obtain your medical records from the various healthcare providers that treated you.

We will also get any accident reports made by the police or defendant, if available. If witnesses are involved, it will be very helpful to the next stage of your lawsuit.

Depositions

Once all the documentation has been gathered and relevant legal parties have been identified, depositions will be scheduled. A deposition is a formal session where the parties can be questioned by each side’s attorney. The questioning works much like it would in court, and answers are given under oath.

Thus, it is important to be honest when answering the opposing attorney’s questions, even if the answer will work against you. Because depositions are done under oath, the answers can be used in court to contradict you. So, if you are unsure about a question, you can honestly answer that you do not know. If you lie, it will likely come back to haunt you in court. If our attorneys find a question to be irrelevant or deceptive, we can object to it like in a trial. We will also be able to cross-examine the defendant and their witnesses to determine liability.

It is important to note that your deposition will not take place in a courtroom. In most cases, your deposition will take place in our offices. It could last a day or more, depending on how complex the case is. However, depositions are often the make-or-break point for a lawsuit because each side should have what they need to negotiate a settlement.

Settlement Negotiations

As mentioned, most personal injury claims are settled before trial. After the evidence has been organized and deposition answers have been thoroughly reviewed, the attorneys will have a good idea of what is actually achievable in the case. An insurance company or defendant will rarely go to trial if liability is clear. Trials are expensive, so most would rather pay a negotiated settlement rather than risk paying more after one.

In other cases, you might have contributed to your accident and would not want the court to decide your amount of compensation. When our lawyers receive an offer, we can review it with you to see if it will compensate adequately or whether a trial is worth the effort. Considering that most insurance companies and defendants offer low settlements to save money, a trial might still be the best option. It will always be your choice to accept a settlement or continue to fight the case in court.

Trial

If a trial is necessary, our lawyers will prepare you for what to expect in court and how to answer questions on the stand. Many of the questions you will be asked will mirror your deposition questions, so you will be familiar with them. If the court rules against you, we can potentially appeal the case if an error is made in the process.

Our Lincoln, AR Personal Injury Lawyers Can Help

Call us today at (479) 316-0438 to receive your free case assessment with our personal injury lawyers.