If you are injured in a jetski accident, it is important to contact a jetski injury attorney right away. They will look into your accident and establish a case to help you receive the compensation you deserve. Here is the jetski personal injury claims process so you understand what to expect.
Your Jetski Injury Attorney Builds a Case
Once you hire a lawyer, they begin collecting evidence to build your case. Along with their team, they will review existing evidence, collect photos, and review video, visit the scene of the accident, speak to police and witnesses and also review your medical records to better understand your injuries.
During this phase, your attorney will also research to find information on similar cases to look for precedents set and how much compensation was awarded. They will also look into the jetski manufacturing aspect to identify any potential product defects that could impact your case.
Your Jetski Attorney Notifies the Defendant
With evidence in hand, your lawyer can prepare their argument and initiate the lawsuit by filing your claim. It is important to note that there is a time limit for personal injury cases in Texas of two years, so always contact a lawyer as soon as you can following your accident. Also, before an actual lawsuit is filed, the defendant and their insurance company are notified by your attorney in the hopes of reaching a settlement. Once the defendant and their attorney review your claim, they will respond outlining their defense in the case.
Their lawyer will have to find evidence to try to prove their defendant is not at fault and therefore does not owe compensation. Be prepared for the possibility the defendant might try filing a counterclaim against you. The good news is that most personal injury cases are settled out of court. Your attorney will usually negotiate an agreeable number. However, if an agreement isn’t reached, a lawsuit will pursue.
Your Jetski Attorney Files a Summons
If a lawsuit is necessary, your attorney files a summons against the at-fault party with the appropriate Texas court outlining damages incurred. The defendant then must respond within an allotted amount of time.
The Discovery Process
During discovery, both sides exchange information and documentation relevant to their cases allowing them to get a clear understanding of the evidence available against them. Often this stage triggers negotiations, as the defendant’s lawyer realizes how strong the case is against their client or vice versa. It is very possible a settlement can be reached at this stage.
Entering Into Mediation
If a settlement still isn’t reached, the case goes through mediation to try to come to a settlement without having to go to court. The mediator does not have the power to order a final judgment or provide legal advice but instead tries to help the parties reach an agreement.
Settling the Case
Your jetski injury attorney’s goal is to come to a settlement for as much as possible. Settlements depend on the facts and extent of injuries and other factors negatively impacting your life as a result of the accident. Settlements tend to happen more quickly when there is overwhelming evidence whether it is on your side, or the defendant’s.
Going to Trial
If nothing leads to a fair settlement, you’ll have to go to court. Your attorney will decide if they want a judge or jury, and your settlement will be based on the court’s decision.
As experienced jetski injury attorneys, we can help you avoid going to trial and receiving a generous settlement. Contact Malley Law today.