Navigating A Personal Injury Claim with A DUI Involved

Being involved in a car accident, especially in the event where drinking while driving is involved can be quite a traumatic experience. If it happens in a city like Buffalo, NY, you’ll need to research some injury lawyers in Buffalo. Most accidents usually involve major or minor physical injuries, property damage and, worst of all, death.  Moving forward from the accident can take a long time since you are likely to face both emotional and physical trauma. There are various steps you can take, so as to get compensated. These steps include

1. Pre-Suit

This is usually the first stage of any personal injury claim. This stage is usually started by the law firm and client when they believe there is a valid lawsuit. In the case where a DUI is involved, the chance of an existing lawsuit is high. The lawyer will go through all the facts of the case to learn more about it and establish whether a lawsuit can be filed. In cases of physical injuries, the attorney is likely to talk to your doctors and establish the extent of your injuries, this will help in gathering sufficient evidence when presenting the case in court.

2. Demand And Negotiation

When the lawyer finishes identifying the legal claims and once the damages are known to the other part, he or she may attempt to settle the case through negotiations. They also tend to send demanding letters to the defendant or the insurance companies acting on behalf of the defendants.

3. Filing of The Lawsuit

If demand letters and negotiations prove to be pointless the attorney begins to file a lawsuit. This document presents the case as it is in that it contains the fact of what happened and the legal claims that are available for the plaintiff. This stage basically involves drafting complaints and also motions by the defendants.

4. Evidence Collection

After filing the lawsuit, there is a need to collect evidence. Both the plaintiff and defendant are mandated to collect information from other parties, witnesses or any other people involved in the case. This stage allows both parties of the case to learn more about  the evidence the other has. This stage involves depositions and oral testimonies from both parties and witnesses.

5. Mediation

This is now an additional formal negotiation between both parties. Both the plaintiff and defendants meet physically with a mediator who is usually an independent third-party person.  The mediator should also be one who neither favors the plaintiff nor the defendant. The purpose of mediations is to establish whether both parties can be able to reach an agreement.

6. Summary Of Judgement

There are times when the discovery has been completed one of the parties may file a summary judgment, which is a kind of motion that seeks to have the judge decide the case in favor of the plaintiff or the defendant. In most instances, the decision from the judge can result in the case being closed at this particular point. However, either of the parties not satisfied may appeal to the decision made by the judge.

These are the various steps involved in navigating through a personal injury claim with a DUI involved.

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