The Process Of A Personal Injury Case

When you’re seeking compensation after being injured, it’s easy to feel left in the dark or overwhelmed. It can be stressful to make sense of all the ins and outs that come with pursuing a claim. Doing so without any help at the beginning can be difficult. If you find yourself in one of these situations, you may be looking for answers on what to expect and how to move forward; we’re here to help! Below, our colleagues at Johnson & Alday, LLC offer some tips, tricks, and expectations to prepare you for what your personal injury case will look like.

1. Seek Medical Treatment

First and foremost, seek medical attention. This is the most important step; take care of your needs first. Make sure you don’t have any internal or hidden injuries, ask as many questions as you can while getting treatment, and document as much as possible. Even if you think you can tough it out, seek medical attention, it can damage your case if you don’t.

2. Call the Police

If appropriate, file a police report. Not every personal injury case calls for this, but in the event of an auto collision you will want to make sure that this step is done. Yes, even if your injuries are not that severe. Police reports are crucial evidence in a personal injury case, so don’t let it slip through the cracks. Make sure to tell the police if you are injured, take pictures of the vehicles, the at fault party’s license even (if they allow you).

3. Meet With an Attorney

Once you take these steps, you should have a more in-depth discussion with legal representation. Make sure that your personal injury lawyer is someone you can trust and someone who has your best interests; read online reviews, because they could save you from a headache (and wallet ache).

Once these steps have been completed, you can start preparing for the legal process. While most of this will be taken care of by your lawyer, you should still be as knowledgeable as possible; this is your case after all, it’s best you know what’s going on!

1. Starting the Case

At times, the beginning of the case can be the most daunting, but don’t fret! There are just many moving parts, and it can take time to get things moving and having. It may seem a little difficult, especially if the at fault party is pushing back especially hard, but staying persistent and keeping your head up through some of the more uncomfortable aspects will serve you greatly during this early process. Having a lawyer absolutely helps.

2. Treatment

Seeking medical treatment is a crucial element of any personal injury case, whether that be an auto accident, or workers compensation case. Your legal team can help you make and monitor these appointments if you need them to. Receiving medical treatment will allow your lawyer to put into monetary terms the value of your case, and help them move forward with making a demand towards the at-fault party.

3. Demand

A demand is a document that requests monetary restitution from the at-fault party. It is a legal letter sent by your attorney, often accompanied by evidence and exhibits. A demand cannot be sent until all of your medical treatment has been completed. This is because your legal team must have all of your medical records and bills in order to know how much money to demand from the at-fault party. See paragraph 6 for more information on the demand process.

4. Negotiations

When your case reaches this portion, which really can take place at any point in the process, your lawyer will begin communicating with the insurance company. This could take a few phone calls, or span the length of a trial, or possibly not even happen at all. Your attorney will begin discussions regarding your compensation to reach a settlement, which will be discussed further in part eight.

5. The Start of the Litigation Process

At this point, your legal team will begin researching, compiling, and piecing together your case file. They will receive all of your medical records, insurance details, and anything else they may need to better understand your case and how to move forward. This will set the stage for the rest of your legal proceedings and better prepare you as well as your legal team for what is to come.

6. Discovery

This is when all parties will spend time gathering evidence in preparation for a mediation, deposition, or in some cases, a trial. The two main types of discovery are depositions and written discovery. A deposition is an out of court interview where a witness is asked questions under oath. The answers given by the witness are taken down by a court reporter and can then later be used in trial.

7. Resolution Before Trial

This is when motions (legal filings made with the court to request a ruling on an issue in the case.) will be filed, which can either be a motion for summary judgment or motions in limine. A motion for summary judgement is made when there is no issue within the material facts and the moving party is entitled to judgment as a matter of law. A motion in limine is a motion that excludes evidence that is irrelevant, prejudicial, or otherwise inadmissible before trial.

8. Settlement

Most personal injury cases are settled out of court, which means that both sides reached an agreement. The settlement process usually begins with the demand letter. The demand letter is a document that consists of the plaintiff’s claims and requests for compensation. Once the letter is drafted, it will be sent to the claimant for them to process and consider. Thus begins the negotiation process where both legal teams and clients can engage in to reach a conclusion out of court.

9. Trial

If a settlement is not reached, the case will go to trial. If this is the case, your representation will walk you through what that process could look like and reevaluate terms and expectations. In a typical personal injury case, these are the most common and most prevalent steps towards your end goal of compensation for the injury you suffered. While this list is thorough, it is not exhaustive, and you should ask clarifying questions to your attorney whenever you aren’t clear. No two cases are the same, and your circumstances will differ from anyone else’s. The most important thing to remember is to be prepared and be informed to the best of your abilities every step of the way.