Have you ever wondered how the legal process works? A motorcycle accident lawyer is here to give a simple breakdown.
Suffering an injury can be overwhelming and confusing. Between medical bills, time away from work, and physical recovery, the thought of pursuing a personal injury claim can feel like a headache. However, we’re here to help you understand how the legal process works and what to expect along the way.
Here’s a step-by-step overview of the personal injury claims process and what typically happens at each stage. Please keep in mind that this process can take anywhere from 3 months to 24 months; it varies case by case as our friends at Seber Bulger Law can share.
1. Seeking Medical Treatment
First, you should seek medical treatment and attend your appointments consistently. Not only is this essential for your health, but consistent medical records also play a crucial role in proving your injury and the extent of your damages. Please always follow through with doctor visits, therapy, and any recommended treatment plans.
2. Find & Consult With A Personal Injury Attorney
Once your immediate health concerns are addressed, consult with a personal injury attorney. Some personal injury attorneys will offer free consultations to assess your case. During this initial meeting, you’ll discuss what happened, your injuries, and any evidence you have (such as photos, witness info, or medical records). The attorney may also explain the legal process and what types of compensation you could potentially pursue.
3. Investigation And Case Evaluation
If the attorney agrees to take your case, they’ll begin an investigation. During this stage, the attorney will gather research. This might include gathering police reports, medical records, insurance documents, and witness statements. At this stage, your attorney will evaluate liability (who is legally at fault) and damages (what your case may be worth).
4. Filing The Personal Injury Claim
Depending on the specifics, your attorney may file a claim directly with the at-fault party’s insurance company or file a formal lawsuit in civil court. Most personal injury claims start as insurance negotiations, with litigation being the next step if a fair settlement can’t be reached.
5. Negotiations And Settlement Offers
Please keep in mind that a handful of personal injury cases are resolved without going to trial. However, there are no guarantees. Insurance companies often make initial settlement offers early in the process, but these offers are inadequate. Your attorney will handle back-and-forth negotiations, advocating for a settlement that fairly compensates you for medical bills, lost wages, pain and suffering, and other damages.
6. Filing A Lawsuit If No Feasible Agreement Can Be Reached
If a fair agreement cannot be reached, the case may proceed to a lawsuit. This involves filing a complaint in civil court and beginning the discovery process, where both sides exchange information. Even after a lawsuit is filed, cases often settle before trial.
7. Trial And Verdict
While the majority of cases settle, if the parties cannot agree on a settlement the case may go to trial. If your case does go to trial, this can take many months, but essentially both sides will present their arguments and evidence in front of a judge or jury. After reviewing everything, a verdict will be issued. If successful, you’ll be awarded compensation, but keep in mind the other party may appeal, potentially delaying the payout.
8. Post-Trial Or Settlement Finalization
Whether resolved in or out of court, once a settlement or verdict is reached, the final step is collecting your compensation. Your attorney will handle the paperwork, ensure medical liens are paid, the attorney’s fee, and disburse your final settlement amount. Contact a lawyer near you to get started.