Every personal injury case will be unique based on the type of accident that occurred, the injuries you suffered, and other circumstances of your case. However, most injury claims follow a general process, and the steps are described briefly below. To discuss your specific situation, contact a personal injury lawyer directly.
After an accidental injury, always seek the medical attention you need as soon as possible to stabilize your condition and document your injuries. If the insurance company of the at-fault party contacts you, give them minimal information and advise them you will be seeking legal representation.
Have a trusted attorney evaluate whether you have a valid claim. If you feel good about an attorney and they agree to take your case, you will go over the detailed terms of representation and contingency fees, and you can sign a representation agreement.
First, your attorney will most likely try to file a claim directly with the insurers of the liable parties. Sometimes, an insurer will negotiate and agree to pay a fair settlement. If not, however, your attorney will prepare and file a personal injury lawsuit with the appropriate civil court. The defendant is then served the complaint and court summons.
There are many aspects of pretrial litigation. First, your attorney will request and obtain information, documents, physical evidence, or depositions from the other side. Your attorney can then file pretrial motions with the court and/or respond to defense motions filed at this stage of the case.
Your lawyer can use the information they gathered in discovery and the judge’s rulings on pretrial motions to present a stronger case in settlement negotiations. The large majority of cases resolve with a settlement, as the defendant and their insurance company might want to avoid the uncertainty of trial, as well as the necessary resources to conduct a trial. However, if the defendant refutes liability or refuses to agree to a reasonable settlement amount, the case will need to proceed to trial.
Your attorney will develop a detailed trial strategy to present the strongest case possible in your favor to the judge and jury. Trial prep can be extensive and includes preparing you for possible testimony.
Personal injury trials follow specific procedural and evidentiary rules, and you need a skilled litigator who can present your case in accordance with all legal requirements while persuading the jury. The defendant also has the chance to present their case.
There is usually one final round of negotiations to see if you can reach a settlement based on the cases presented at trial. If the defendant believes your case is strong, they might be willing to settle at this stage. If there is still no settlement, the jury will deliberate and issue a verdict regarding whether you deserve compensation and how much.
If you suffered injuries and believe someone else should be held liable, you want the help of a personal injury lawyer from SAM LAW OFFICE, LLC. Don’t wait to contact us for a free case evaluation today.
Brandon and Susan have helped throughout my entire divorce. Everyone has been extremely helpful on my case. Thank you once again!
I cannot say enough great things about Brandon and Susan. Not only them but the entire staff are a delight to work with. I appreciate Brandon's honest and upfront attitude towards my case. He explained terms I could understand, gave me options and guided me through such a stressful event…
Great communication and support!
I was referred to SAM Law from a KAP website. I spoke with Brandon and immediately hired him. The process although stressful was smooth because of him, his attention to detail and the level of commitment to making sure my children and I were taken care of was handled with…
Brandon was a huge help in every way he could be. He went out of his way for me numerous times and I truly appreciate all his help and advice throughout the process. I’d highly recommend him to others! He’s very easy to work with and empathetic to others situations.