Ylla Gosney, Attorneys at Law helps accident victims through the legal process in Oklahoma. While an insurance claim is part of any personal injury process, there’s always the chance that it could advance to a lawsuit–also known as “litigation.” This can be a challenging process on its own, but our team will be there to support you. Contact us today for a free consultation to learn more.
What is Litigation in a Personal Injury Claim?
As our video points out, litigation is a necessary part of any law firm. It’s the one way we can hold those responsible–more specifically their insurance company–accountable for causing the accident that hurt you. But the actual process can go in any number of directions. That’s why we have a dedicated litigation lawyer and team to solely handle this part of your claim. At the same time, it’s important to understand the steps in the process:- Filing a Complaint – This officially starts the process. We take all of the information from your initial intake and formally put together a narrative about what happened. Known as a “Complaint”, this not only tells the court what happened, but also what you’re asking for in terms of damages.
- Other filings – After filing the initial lawsuit, we’ll need to make other filings throughout the case. These could include motions asking the court to do something specific, like dismissing certain claims or requiring the insurance company to share more information. These filings help keep the case moving forward.
- Discovery – Discovery is the lengthiest part of the process, where both sides share information about the case. This involves answering questions (called interrogatories), providing and exchanging documents, and giving and taking testimony in depositions. The goal is for both sides to gather all the facts before going to trial. During this time, we’ll help you collect and exchange evidence to build a strong case.
- Going to hearings – Periodically, there may be court hearings where the judge makes decisions on specific issues. For example, the judge might rule on motions filed by either side or discuss how the trial will proceed. You usually don’t have to attend all hearings, but we’ll represent you and keep you updated on any important developments.
- Mediation – Mediation is a step where both sides try to settle the case without going to trial. A neutral third party, called a mediator, helps guide the discussion. The goal is to reach a fair agreement that both sides can accept. If successful, it saves time and means you don’t have to go to trial. However, if no settlement is reached, the case continues.
- Trial – If the case doesn’t settle, it goes to trial. Trial is exactly what it sounds like, where both sides present their case, call witnesses, and present any evidence that supports their claim. After hearing both sides, the judge or jury will decide the case with a verdict, including how much you should receive in “damages.”
What Damages Can You Get in a Lawsuit?
The reason you need to go through litigation is because an insurance settlement offer is too low for your losses. In legal terms, your losses from the accident are known as “damages.” In simpler terms, you’re asking for money to cover the injuries you’ve suffered. While every case is different, you can potentially recover:- Medical expenses
- Lost income
- Repair/replacement costs for your vehicle or other property
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
