The Stages of a Personal Injury Case
Any time you or a loved one suffers loss as the result of someone else’s actions, it’s a stressful situation, and many people struggle to make the best decisions when they’re in pain or worried about finances.
Every personal injury case is different, but several stages are consistent: the accident itself, seeking medical help, hiring an attorney, and settlement. The first two stages, the accident, and medical attention, are straightforward, as is the settlement — compensation for injuries and damages.
The middle stages of a case are the most complicated. These involve assessing responsibility for the accident, medical out-of-pocket costs, and personal property damages. An attorney can also project the anticipated expenses you will incur as you recover from physical and emotional injuries, continue to miss work, and suffer intangible pain — missing out on a prepaid vacation, perhaps.
What Happens During a Personal Injury Case?
A significant benefit to hiring an experienced personal injury attorney is that they take over the entire case, ensuring the best possible outcome for you and taking over the stress of managing all the details. They are your intermediary with the insurance company and speak and act on your behalf — a strategic move that ensures you don’t get tripped up in conversation with an insurance adjuster.
The legal steps an attorney takes on your behalf are more complicated, involving investigations, actually filing the lawsuit, discovery, pretrial, negotiations, trial, settlement, and post-settlement. Depending on the case’s complexity, a personal injury claim can be settled quickly or go to court and take months to settle. Typically, personal injury cases are settled before the trial begins.
Investigating the Accident
First, your attorney ensures you’re getting the medical help you need. The next step is investigating the accident: obtaining the police report, interviewing witnesses, and researching the other driver’s motor vehicle history. Visiting the accident scene can confirm witness sightlines, vehicle trajectories, and other significant data.
Filing an Insurance Claim
Once all the information is collected, your attorney files an insurance claim against the responsible party’s insurance company. One single claim covers all aspects of the accident, from the damage to your personal property (vehicle, anything in the vehicle that was damaged) to medical expenses, lost wage compensation, and anything else connected to the event.
It’s usually beneficial to wait until you have completed medical treatment before your attorney files a lawsuit. There are two reasons this wait makes sense — you know that actual expenses before your attorney makes the initial demand, and juries often undervalue injuries if treatment is ongoing.
Negotiating a Settlement
Most personal injury cases reach a negotiated settlement before they go to trial.
Your attorney presents all the evidence to the other attorney or insurance company, factoring in injuries, medical expenses, damages, lost wages, and personal suffering, and attaches one number to the entire package.
The other side responds with a counteroffer, and negotiations continue until the parties agree on a settlement amount. If they can’t come to terms, the case goes to court for trial. During this back-and-forth, each side points out weaknesses and flaws in the other’s arguments while emphasizing the strength of your claim.
Contact our team at Flager & Associates for help with your personal injury case
When you’re in an accident, it’s easy to feel overwhelmed. You’re dealing with emotional trauma, physical pain, stress over lost wages, and a possibly totaled vehicle. The team at Flager & Associates eases those burdens, allowing you the time and space to heal without worrying about what happens next. Please get in touch with us either online or by phone for a free consultation. If you choose us to represent you, there are no upfront or out-of-pocket expenses for you; we only receive compensation when you do.
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