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2.  When you have been involved in a car accident, slip and
fall accident or a fire in the workplace, then you may be
entitled to file a negligence claim. The field of "negligence"
is also referred to as "torts" or "personal injury law."
 This area of the law allows individuals to receive their
rightful compensation for suffering injuries that were the
fault of someone else.
 You can recover funds for your injuries by filing a
negligence claim with the court or settling your case
outside of the court room.
 The majority of cases are settled outside of the court room
because a litigant is able to usually recover more funds
outside of the court room.
 To better understand how you can file a negligence claim,
here is the outline for the legal process that you should
consider.

3.  You will first want to meet with a personal injury
lawyer in your community. It is better to hire a
lawyer who is familiar with the local court
system, judges and other attorneys in your area.
 Your lawyer may be able to have an easier time
in persuading a judge that negligence occurred
in your case if he or she has appeared before
the judge multiple times.
 During the initial consultation, you can
determine the best route for your case. The
lawyer may recommend that you settle the case
outside of court.
 If the lawyer thinks that you will obtain a large
sum of money in a verdict from the jury, then
he or she may recommend that you take the
case to trial.
 Whatever the lawyer decides, it is important that
you obtain expert legal advice so that you can
make the best decision for your case.

4.  A lawyer may have to do research before he or
she can decide whether to take your case.
 During this time, the lawyer will analyze the
applicable case law in your jurisdiction to
determine whether your case will have a
favorable outcome in court.
 Be prepared to wait for a few weeks until you
hear back from the lawyer about the status of
your case. If the lawyer does decide to take your
case, he or she will send you a letter or even give
you a phone call.
 The lawyer also has an obligation to let you know
whether he or she has declined to accept your
case.

5.  If the lawyer accepts your case, then he or
she will meet with you again to discuss the
legal strategy for your case. The lawyer will
let you know your options and whether it is
better to pursue litigation or a settlement
outside of court.

6.  If the lawyer does decide that your case should
go to court, then he or she will begin drafting the
Complaint.
 The Complaint is a formal legal document that
outlines all of the reasons that you should be
able to recover damages from the party at fault.
 The Complaint will also contain a section that is
called the "Request for Relief." The "Request for
Relief" will outline the total amount that you are
requesting in damages from the other side.
 You will also have to cite the specific facts that
occurred and prove that negligence happened in
your case.

7.  After the Complaint has been filed with the appropriate
court, your lawyer will then begin the process of
requesting discovery materials from the opposing counsel.
 The purpose of requesting these materials is to provide
evidence for the occurrence of negligence in your
situation.
 For example, if you were involved in a car accident where
the other driver was drunk and caused the accident, then
the lawyer may request access to a police report.
 The lawyer will want to introduce the police report as
evidence that the other party was actually drunk at the
time of the accident.
 The discovery phase of a trial usually takes the most time.
It can take months or years to complete the discovery
phase of a trial.

8.  If the opposing counsel is not
being fully candid in providing its
discovery materials, then your
lawyer may want to file a Motion
to Compel.
 A Motion to Compel will help
speed up the process of obtaining
discovery materials from the
opposing counsel so that the case
can move forward.

9.  Part of the discovery process is also taking
deposition testimony. Your lawyer may have
to interview witnesses from all around the
country who saw the accident happen. This
phase can also prolong the resolution of a
case.

10.  When the discovery phase has been completed and all of the
facts have been presented to the jury, your lawyer may decide to
file a Motion for Summary Judgment. This will give the court an
opportunity to make a ruling on your case.
 If the judge finds that one party was negligent in causing an
accident, then the jury will have to go back into its chambers to
decide on a settlement amount that you can receive.
 The jury will have the opportunity to figure out an award that will
cover your pain and suffering, any lost wages, the cost of
prescription drug treatments and any lost future wages.
 The jury may also be able to give you an award for any loss of
consortium, which is a legal concept that refers to the "loss of
enjoyment of one's life." For example, if you love to paint and
your hand was severely damaged in a car accident, then you may
be able to obtain a sum of money for this loss.

11.  The jury will then come back with its verdict,
and you will be notified about how much
money you can receive for winning your case.
 The entire trial for a personal injury claim can
last for years. Some cases go on for 5 to 10
years before they are ultimately settled. You
should always get an estimate of the number
of years that your case will require before
being settled.