Figuring out what steps to take after suffering a personal injury can be overwhelming. While the first step after a car accident, fall, or other injury is medical treatment, you’ll also need to consider legal action to protect your rights and maximize compensation for damages. If you’re unfamiliar with the legal process, a good lawyer will help you understand what to expect with settlement negotiations, counteroffers, and even a potential trial. Every personal injury lawsuit is unique, but the basic stages of a personal injury case usually remain the same. Here we’ll explain the legal process in simple terms from start to finish. Not all cases will involve all the steps, especially since many are resolved in settlement and never go to trial, but understanding the basic process is a good place to begin your legal journey.
Hiring a Personal Injury Lawyer
The first step in beginning the personal injury legal process is determining whether your case warrants a lawyer. Contact a reputable law firm for a free consultation, where they will gather facts and examine the circumstances of the injury to evaluate the viability of your case. If the law firm determines that they can help with your case, they will then provide information on the next steps, including gathering evidence and documentation. If you decide to hire the attorney to represent you, you’ll sign a contract that lays out the terms of the agreement, including attorney fees. The lawyer will explain your obligations as a client and detail the initial documentation you’ll need to provide.
Investigation with Insurance and Evidence
After you’ve signed an agreement with the attorney, they will conduct a preliminary investigation, gathering information about your accident. You’ll need to provide any medical records, receipts for medical treatment, police reports, as well as photos of the accident scene, your injury, and any property damage, if you haven’t already. This will help your attorney understand the extent of your injury, as well as the damages and costs incurred.
Your lawyer will also get in touch with the insurance company of the party responsible for your injury, and their attorney if they have one. They will keep you informed of your case status while you focus on medical treatment for your injury.
Negotiation and Settlement Demand
Not all cases will go to trial, with many claims settling before the lawsuit is filed. Trial is often viewed as an expensive and time-consuming last resort when the parties cannot reach an agreement. In this step, your attorney will send a demand letter to the party responsible for your injury, their insurance company, or their attorney if they’ve hired one. This demand letter explains how you were injured, the damages you’ve sustained as a result, such as medical expenses, lost wages, and effects on your daily life, and demands that the responsible party pay for the injury caused. The letter also serves to notify the responsible party’s insurance company that if they fail to offer a fair settlement, a lawsuit will be filed.
If the at-fault party presents a satisfactory settlement offer, you can sign a settlement agreement, and your case will be closed. If not, your lawyer will start the appropriate steps to file a lawsuit. Although ultimately it’s your choice whether to accept the settlement, your lawyer will offer their professional opinion.
Filing the Lawsuit
If your attorney cannot reach an adequate settlement agreement with the at-fault party, he or she will formally file a lawsuit, which must be done within the statute of limitations (specified timeframe) for your state. This begins with filing a complaint or a petition with the appropriate court, naming you as the plaintiff and the responsible party as the defendant. This document outlines your claims against the defendant, provides all the relevant details, and specifies the damages you are seeking.
The defendant will then be served the formal complaint, prompting them to hire an attorney if they haven’t already. They have a certain amount of time, usually 30 days, to respond and file an answer to the complaint, admitting or denying the allegations and asserting defenses for why they should not be held liable for the injury or responsible for paying for your injuries.
Once the lawsuit has been filed with the court, both the plaintiff and defendant’s attorneys engage in the discovery process. Here, they will exchange information, documents, and evidence pertinent to the case. As the plaintiff, you might be called to participate in a deposition, where you testify under oath regarding the accident and your injury. You might also be required to answer written questions, called interrogatories, or provide additional documents.
The judge assigned to the case will set a deadline for each stage of the process. Either party’s lawyer can request that the court adjust the deadlines to benefit their client, which means that the lawsuit process can range from months to years, depending on how complicated the case is.
Trial
After the discovery phase, if mediation has not resulted in a satisfactory settlement for the plaintiff, your case may go to trial. Your attorney will guide you through the process. The trial includes jury selection if it’s a trial by jury, opening statements by the attorneys for both the plaintiff and defendant, witness testimony, cross-examination, closing arguments, jury deliberation, and finally, a verdict. Your lawyer will present the facts of your case to the judge and jury, presenting evidence, like medical records and accident photos, in addition to witness testimony. The defendant’s attorney will present evidence as to why the defendant is not liable for your injuries, including witness testimony. After deliberation, the judge or jury will reach a verdict determining how much compensation, if any, you are entitled to, based on the evidence and testimony.
Receiving Your Compensation
If you win your case, the court will award you compensation for your injuries, payable by the defendant or their insurance company. Compensation is based on factors including pain and suffering, medical expenses, property damage, and lost wages. After any liens (such as unpaid medical treatment), attorney’s fees, and any miscellaneous case expenses have been paid, you will receive a final check.
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As a leading law firm in Pennsylvania and New Jersey, Malamut Law is dedicated to representing our clients with integrity, compassion, and commitment. Our experienced attorneys take a client-centered approach to achieve positive results*. If you’ve been injured, call us at 856-443-4851 for a free consultation.
*Past performance is not always indicative of future results.