It may be a car accident or a slip and fall at work, but regardless of how you’re initially injured, the majority of personal injury cases are settled out of court. Many of these cases even reach settlement before a civil lawsuit has even been filed, in fact.
Each case is unique, but here is a typical timeline of a personal injury case, so you can have an idea of what to expect.
Medical Treatment
Whenever you’re involved in an accident or injured, you need to seek medical attention as soon as possible, even if you feel fine. Some injuries take time to appear, due to the rush of adrenaline typically experienced during these events.
You should also take photographs of any visible injuries. These injuries will heal over time, so you need to document their severity for the sake of a personal injury claim.
If you neglect to get the proper medical treatment following the accident, you could risk losing your Personal Injury Protection benefits, and some insurance companies will try to claim that you weren’t truly injured. When you do see a doctor, be thorough in disclosing each injury and all the symptoms you’re experiencing, so that there’s adequate documentation.
Consult a Personal Injury Attorney
Even if your injury turns out to be minor, you should still consult a personal injury attorney early in this process. There’s no harm in getting advice, and you’ll be that much further ahead if you find that your injury is more severe than you initially thought. A personal injury attorney may also be able to get you a much larger settlement than you would have otherwise.
When you have your consultation, the attorney will assess your case to decide the best course of action for you, whether they’re involved or not. If the attorney decides to take your case, you will negotiate their fees.
This is also a good time to discuss the time frame of your unique case with your attorney. Find out how long they will take to build your case and send an initial demand to the insurance company, and ask if the firm will be filing a lawsuit on your behalf if the insurance company doesn’t offer a sufficient settlement.
Investigation
Once you hire the attorney, they will start and investigation of your claim. This begins by interviewing you on the details of the injury or accident, as well as getting background information and a medical history. Your attorney is on your side, so it’s important to be accurate and truthful.
The attorney will also collect all of your medical records and bills related to the injury. This may take time, depending on how many doctors you saw and how extensive your injuries and treatments were.
Filing the Claim
As we mentioned, many personal injury cases are settled out of court. This can be good or bad, depending on the situation. Some law firms take on many clients with the intent of settling for a low amount, but a good attorney will take the time to decide the best course of action for your particular case.
With car accidents, the claim will be filed with the other driver’s insurance company before a lawsuit is filed. If the injury wasn’t related to a car accident, was medical malpractice, or was a slip-and-fall injury, the attorney will file a claim with the appropriate insurance company.
The insurance company will assign a claims adjuster to investigate the case and negotiate a settlement. Your attorney will discuss the advantages and disadvantages of accepting the offer and help you determine the best course of action. On occasion, your attorney may submit a counteroffer to negotiate a higher settlement amount.
Filing a Lawsuit
If a settlement isn’t reached, your attorney will file a lawsuit. Instead of negotiating directly with an adjuster from an insurance company, there will be a Defense counsel appointed to represent the Defendant, and this is who your attorney will contact throughout your case.
The most common question about filing a personal injury lawsuit is how long it will take, but that can vary. The ideal time frame is a year and a half, but it could take more or less time, depending on your particular situation.
Mediation
Once all pertinent information has been collected, both attorney’s will attempt to reach a settlement again. This is known as an alternative dispute resolution.
If they fail to reach a settlement, it moves to mediation. This takes place in a conference room and both parties outline their case. They will then be moved to separate rooms and the mediator will help negotiations by going back and forth between both parties until a settlement is reached or they reach an impasse.
Trial
If the above options fail, the personal injury case moves to trial. This allows a jury to review all the facts and testimonies in the case and render a settlement amount. The length of a trial can vary, and it’s difficult to determine what a jury will decide, so your attorney will outline all the risks and benefits to proceeding to trial.
Contact Gruber Law Group
If you’ve been injured as a result of someone else’s negligence, you should seek financial compensation for your financial and emotional damages.
At Gruber Law Group, we personally handle all of our injury claims, so you know you’ll get the personal service and attention you need for your personal injury case. We’ll fight to get you the settlement you need to recover from your injuries. Call us today!