Personal injury cases can be complex with many stages involved from start to finish. Here’s a step-by-step look at what happens:
Injury Occurs
Your personal injury case begins the moment you are injured.
You Report the Accident
It’s important to report the accident to police right away so there’s a formal record of the incident on the day it happened.
You Obtain Medical Treatment
Get medical treatment as soon as possible. Make sure you keep copies of your records from every appointment.
You Consult with Personal Injury Attorneys
Meet with personal injury lawyers to learn about your case and find an attorney that fits your needs.
You Hire a Lawyer
When you sign your fee agreement, the attorney-client relationship will be established.
Your Attorney Investigates Your Case
The attorney you hire will work diligently to gather evidence and investigate the facts of your case.
They File Insurance Claims
Your lawyer will identify insurance providers and file a claim under your policy. They work directly with the insurance adjusters so you don’t have to.
You Reach Maximum Medical Improvement
Before bringing legal action, you need to reach maximum medical improvement (MMI). Otherwise, your case may be undervalued.
They Submit a Demand Letter
Next, your attorney calculates a fair settlement for your injuries and other costs. Then, they send a demand letter to the potential defendant that includes this figure.
You Begin Settlement Negotiations
If the defendant does not agree with the figure in your demand letter, they can send a counteroffer. You can also submit a different figure if the counteroffer is still too low.
A Lawsuit Is Filed
If settlement negotiations are unsuccessful, your attorney will file a lawsuit and the other party will officially be sued.
The Discovery Phase Is Started
When your lawsuit is filed, the discovery phase starts. This is when both sides compile and exchange evidence and other relevant information to the case.
You Give a Deposition
You will need to record a statement of what happened, called a deposition, that will be given to the other side. They will also give depositions, which will be sent to your lawyer.
They Consult with Experts
If needed, your attorney will obtain testimony from expert witnesses to strengthen your case.
Negotiations May Be Revisited
After evidence and witnesses are revealed, you may want to revisit negotiations one last time to try to reach a settlement before going to court.
The Court Sets a Trial Date
The court will set a trial date a few weeks into the future. You still have time to settle before the hearing.
You Attend the Hearing
If you haven’t been able to settle, you will attend the hearing where your attorney and the other side will each present the merits of your case and any related evidence.
The Judge Issues a Ruling
The trial may take several days or even a few weeks. At the end, the judge or a jury will issue a verdict and a legally binding ruling will be made.
You File an Appeal
If you lost the case, you may have grounds to file an appeal. Your attorney can help you decide if pursuing the claim further is in your best interests.
The Defendant Deposits Your Settlement Funds
If the judge ruled in your favor, the defendant is required to pay you. The funds are then deposited in a special account opened by your attorney.
Your Lawyer Pays Any Liens Against Your Settlement
If there are any liens against your settlement for unpaid medical bills or other related costs, your attorney will pay these first out of the funds you receive.
They Take Their Fees
Your lawyer will then take out the agreed upon commission as their payment for your convenience.
They Send Your Compensation
Once your attorney settles your account, the remainder of the funds are sent to as compensation and your case is closed. Congrats, you won!
If you or someone you love were injured by the negligence or carelessness of someone else, Mazow | McCullough, PC can help. Contact our office today at (978) 744-8000 or toll-free at (855) 693-9084.
