During a personal injury case, you can expect to gather evidence, file paperwork, interview eyewitnesses, build a case, participate in depositions, negotiate with insurers, and represent yourself in a courtroom. You may also need to talk to doctors, get second opinions, and follow treatment plans. However, if you obtain legal representation, an attorney can handle every aspect of your case, fighting to recover the compensation you deserve.
What You Can Expect Soon After Your Personal Injury Accident
After receiving the medical attention you need, the first step in taking legal action involves meeting with a personal injury lawyer for an initial consultation. Most personal injury firms offer free consultations, so you do not have to worry about paying a fee to assess if you have a valid claim.
At this meeting, you will share information regarding the accident, allowing an attorney or a team member to give their professional judgment on whether you have a valid case. In addition, you should bring the following information to the meeting:
- Medical records and reports detailing your injuries and treatment plan
- Documentation of property damage (e.g., invoices or estimates)
- Police report number
- Your notes or supporting documentation relating to the accident
Settling Your Personal Injury Case
Most personal injury cases settle before trial—or even before you file a lawsuit. Your attorney will negotiate with the at-fault party’s insurance to resolve your case with a fair settlement offer that adequately covers your current and future needs.
However, sometimes, your attorney cannot reach a settlement with the at-fault party and its insurer. Thus, your team will work to file a lawsuit in plenty of time to meet your state’s statute of limitations. It is important that you leave your attorneys with enough time to build your lawsuit as you could lose your right to file if you miss the deadline.
Filing a Personal Lawsuit
Your lawyer will file a lawsuit if they cannot settle your case. Depending on the complexity of your case, the process can take several months to a year.
Our team always prepares your case as if a trial might be necessary. We’re ready to begin the pre-trial phase during which each side asks for evidence and witness statements to develop their case. This discovery process can be lengthy, which can lead to changes to your case’s timeline.
Once the case goes to trial, each attorney presents their side to the judge or jury. Once both sides have presented their case, the jury decides:
- Is the defendant legally responsible for the harm done to you?
- How much monetary compensation does the defendant owe you?
Going Through Mediation
At any point in the process, the parties could request that a mediator become involved. Mediation is a multistage process that is less formal than going to trial. Both parties present their case to a neutral mediator who helps resolve the issues preventing them from settling the claim. This approach focuses on solving problems that allow the two sides to resolve the case without going to trial.
Hiring a Personal Injury Attorney
Once you and your attorney have worked out fees, they will begin building your case. This may involve:
Investigating Your Personal Injury Case
Gathering the details of your accident, who was involved, and how you sustained your injuries helps your attorney understand the extent of your injuries and damages. Your legal team will use its resources to compile as much information as possible to support your claim and prove the negligent party is responsible for your losses.
Assessing Your Damages
Calculating how much the at-fault party owes you can be challenging. However, a lawyer can determine a fair compensation amount to demand based on your losses. Your damages could include:
- Past and future medical bills
- Loss of income or reduced earning capacity
- Costs to repair or replace damaged property
- Pain and suffering
Communicating With Other Parties
Your legal team will correspond with the insurance company and the other party’s lawyer. Your attorney will keep your best interests in mind while communicating with others.
Providing Regular Case Updates
You can also expect your attorney to keep you up to date on negotiations and communication with other parties. We want to ensure you are aware of your case’s progression, but your recovery should be your priority.
See How Our Attorneys Can Help With Your Injury Case
Personal injury law can be complicated and time-consuming. However, with the help of a lawyer, you can expect the process to go more smoothly, allowing you to focus on the road to recovery. Let Greenberg Gross explain what to expect during your personal injury case and handle your legal needs. Contact us today to schedule your free consultation.