Kingsport, Tennessee 37664
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Tennessee Personal Injury Litigation Process
If you have been involved in and injured in an accident of any kind, the idea of entering into litigation to seek compensation can be a daunting and stressful prospect. Knowing what to expect from the process can help you make it through the litigation process with as little strain on yourself and your family as possible. At the Kingsport law firm of Hawkins, Bingham & Miller, it is our belief that injury and accident victims should be kept as well informed as possible. We offer this explanation of the litigation process.
Consult with a Personal Injury Litigator
The first step in the litigation process is to speak with an accident or injury attorney and have them evaluate your case. Your attorney will examine doctor’s reports, accident reports, and other details of the incident and help you determine the type of compensation you should seek and the best way to proceed with your claim. Depending on the nature of the incident, your attorney may recommend alternatives to litigation such as negotiation, mediation, or arbitration.
Filing a Claim
After evaluating your case and deciding on the best legal action to take, the next step in the process is to file a claim. This claim will outline the circumstances of the incident as you described it, the injuries or damages you have suffered, and the compensation you are seeking.
Negotiations
Many claims are settled before a lawsuit is filed through an agreement between the parties involved, which is why the next step in the process may be for your attorney to negotiate with the defendant and see if a settlement can be reached.
Filing a Lawsuit
If a settlement cannot be reached it may be necessary for your attorney to file a lawsuit in court. The lawsuit will outline your claim and the compensation you are seeking. The defendant you name in your lawsuit or his insurance company will be given a chance to respond to the allegations in your lawsuit.
Mediation
During the course of your lawsuit negotiations may continue and your case may be settled. The case may also be settled through a mediation. Mediation is a process that allows you and the defendant or insurance company to settle your case out of court. A neutral party (mediator) is assigned to the case to help you and the insurance company reach a settlement.
Trial
If a settlement cannot be reached through negotiation or mediation, your case may proceed to trial. Only a small minority of cases go to trial. At trial, both sides will have an opportunity to present their case before a decision is made by a judge or jury. The judge or jury will decide who is at fault and how much compensation you are entitled to receive.
Litigation Attorneys
The personal injury attorneys at the Kingsport law firm of Hawkins, Bingham, and Miller will represent you through all stages of your case including negotiations, mediation, and trial.
