Filing a personal injury claim can be confusing. There are several steps in the process, and fear comes from the unknown. Fortunately, a personal injury attorney can handle this process for you. They are experts at navigating the law and should be able to walk you through every step.
A personal injury claim typically unfolds in two main stages: pre-litigation and litigation. Pre-litigation involves preparing your case and negotiating a settlement, aiming to resolve the matter without the need for a lawsuit. If a lawsuit is filed, the case enters the litigation stage.
If you have been injured in a crash and are looking to hire a personal injury attorney, here is a breakdown of a personal injury case from start to finish.
1. Consultation with a Personal Injury Attorney
The pre-litigation phase starts as soon as you contact an attorney. During the consultation, your attorney will gather the details of your case. This will include questions about the crash, your injuries, insurance, and medical treatment.
It’s helpful to have all your documents with you at the time of the call so you’re making the most of the time you have and getting your attorney all the information they need.
2. Setting Up Your Case
If the attorney can accept your case, they will begin the claims process. During this phase, your attorney should ensure that you’re receiving medical care and staying on top of your appointments.
At this stage, your attorney will also contact the insurance company to check policy limits (the top dollar amount insurance can pay) and establish liability (who’s at fault for the crash).
3. Investigation Phase
After your attorney has set up your case, they will begin a thorough investigation of the other driver. This includes determining if the other driver has additional insurance coverage, reviewing their driving record, gathering evidence from the crash, interviewing witnesses, and collecting your medical records.
The investigation phase is essential, as the information gathered forms the foundation of your case. It enables your attorney to pursue the full value of your injury claim effectively.
4. Settlement Demand Letter
After gathering evidence through the investigation phase, your attorney will send the insurance a settlement demand expressing an initial offer to cover your injuries and medical expenses.
If communications fail, your attorney will send a Stowers Demand, a letter usually demanding full policy limits. The Stowers Demand is a way for the attorney to warn the insurance company demanding full policy limits. The Stowers Demand is a way for the attorney to warn the insurance company that if they don’t respond with a reasonable offer, the attorney will file a lawsuit.
5. Pre-Litigation Negotiations
Even if the insurance company responds to the initial settlement letter, it’s unlikely that they will accept the initial demand. They’ll usually send a counteroffer. If the counteroffer is inadequate, your attorney will negotiate by submitting a revised offer, and this process may continue until a fair settlement is reached.
If the insurance company agrees to a fair settlement and you accept, you’ll receive your check, and your case will be closed. Never accept a settlement without consulting your attorney. Once you accept an offer, you can’t request any additional compensation.
6. Filing a Lawsuit
If negotiations fail because the insurance isn’t offering full value, your attorney will help you file a lawsuit. This starts the litigation phase. It’s important to remember that filing a lawsuit doesn’t necessarily mean that your case will go to trial. Only 3-5% of personal injury cases go all the way to trial each year. Your case can be settled any time before your trial date.
7. Discovery
During discovery, your attorney will gather all the evidence needed to support your case during trial. This involves gathering witnesses and experts to testify on your behalf. They will also start conducting depositions, which are sworn statements of all parties involved discussing the facts of the case.
There are two forms of deposition questions. First, an attorney can ask questions face-to-face without any preparation, like in a deposition. Second, they can ask written questions ahead of time, giving the party and their counsel an opportunity to evaluate the questions and respond appropriately.
8. Mediation
Mediation is the final effort to resolve your case before it goes to trial. During mediation, you and your attorney will sit down with the opposing counsel and attempt to reach a settlement in front of a mediator. All facts of the case will be presented including your medical treatment costs, previous negotiations, and other damages related to the case.
Mediation can feel intimidating because you will be present with opposing counsel, but your attorney will prepare you for the process of mediation and make it their top priority to help you feel comfortable and secure during this process.
9. Trial Preparation
If a fair settlement can’t be reached through mediation, your case will go to trial. Your attorney will gather everything needed to tell your unique story. They should also spend time preparing you for this process.
Much like mediation, your attorney will spend a lot of time prepping you on how to respond to questions asked by opposing counsel. They will also prepare you for presenting and composing yourself in front of a judge and jury.
10. Trial
Going to trial can be scary, but if all other options have failed, this is necessary to get you full value for your injury. Your attorney will be with you every step of the way. During trial, each side will have the opportunity to present their case. You, the other party, witnesses, and experts may be called to testify about the crash.
Once the judge or jury reaches a verdict in your favor, your attorney will deduct their fee from the final amount and then write you a check for the remaining balance. If you do not receive a winning verdict, your attorney will take responsibility for all case expenses. You will then only be responsible for court costs and unpaid medical expenses.
Navigating your personal injury case doesn’t have to be complicated. Consider hiring a qualified personal injury attorney to guide you through the process and support you the whole way.
