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Tag: Pre-Lawsuit Steps

What Steps Are Involved in a Personal Injury Lawsuit in Kona, Hawaii?

There are several important steps in the personal injury lawsuit process. If you were hurt in Kona, Hawaii, you do not have to take these steps on your own. The attorneys of Olson & Sons are prepared to help you navigate the process of pursuing a civil lawsuit following a serious injury.

There are many hurdles that must be crossed during the personal injury process. A single misstep could upend your case or put your financial compensation at risk. Due to the high stakes that come with your injuries, it is important that you seek out an attorney right away. The team at Olson & Sons are ready to discuss your options with you and advise you on your rights.

The Initial Attorney Meeting in Kona, Hawaii

Before you can you get started on your personal injury lawsuit, it is in your best interest to seek out the guidance of an experienced personal injury attorney. Once you have selected an attorney, the process begins with your initial meeting.

During the initial meeting with your attorney, you will have the opportunity to obtain answers regarding the legal process. During this meeting, you will also have the opportunity to provide your attorney with the details you have regarding your case. These important details could give your attorney a place to start when it comes to investigating your accident.

At the initial meeting, your attorney could also provide you with perspective on your case. They could lay out the strengths and weaknesses of your claim while preparing you for what to expect during litigation.

Important Steps in a Personal Injury Lawsuit in Kona, Hawaii

The process of pursuing a personal injury lawsuit does not start in a courtroom or a clerk’s office. There are many important steps to take in a personal injury case long before a lawsuit is ever filed. These steps could strengthen the chances of a positive outcome—or even make a lawsuit unnecessary to begin with. Some of the important steps that should occur prior to filing a lawsuit include:

  • Investigate. Before you can file your lawsuit, your attorney must investigate the facts and build a case. This involves learning everything about your injury, including who caused it.
  • Prepare Evidence. Documentary evidence plays an important part in most personal injury cases. Your attorney could help you collect your medical bills, vehicle repair estimates, and other records.
  • Negotiate. It is not unusual for an injured party to resolve their claim without ever filing a lawsuit. Settlement negotiations happen early on in the process, and they often lead to favorable outcomes.

Filing the Lawsuit in Kona, Hawaii

To formally begin your personal injury lawsuit, you must file your complaint in the appropriate court. Your window of time to file your lawsuit will not last forever thanks to a legal doctrine known as the statute of limitations. According to the statute of limitations, you generally must file your lawsuit within two years of the date of your injury or risk having your claim dismissed forever.

Filing the lawsuit with the court is only the first step. Next, you and your attorneys must serve the defendants with the lawsuit. This involves providing them with a copy of the lawsuit as well as a notice from the court ordering them to appear.

Awaiting the Answer in Kona, Hawaii

Once the defendant is served, they have a limited period of time to answer the allegations against them. If the defendant files an answer to the complaint, it will move the case forward toward trial. Typically, an answer will admit or deny every allegation made by the complaint.

Your personal injury case could come to an abrupt and favorable end if the defendant fails to answer. This is known as a default. Outside of certain exceptions, a default will result in the court awarding you a judgment in your favor. You could then work to collect on the judgment and secure the compensation you deserve.

Discovery

Discovery occurs early on in the litigation process. This phase of the lawsuit allows both sides to exchange the evidence they intend to use at trial. This is done to prevent unfair and unnecessary surprises. Discovery can involve anything from in-person depositions to written questions.

Trial in Kona, Hawaii

Once discovery is completed, it is time for trial. At trial, both sides will have the chance to present witnesses and evidence to make their case. At the end of the case, a jury will typically decide whether the plaintiff is entitled to damages or not. If they rule in the plaintiff’s favor, the judge will enter a judgment against the defendant.

Talk to Olson & Sons About Your Personal Injury Lawsuit in Kona, Hawaii

Every step of your personal injury lawsuit is important. To give yourself the best chance at success, let the attorneys of Olson & Sons guide you along the way. Call right away for your free consultation.