While each personal injury claim is unique, they may have some similarities and go through certain stages. Some cases may move quickly through these stages while others can take anywhere from months to several years. Factors that can influence the length of a personal injury claim can include the severity of the injury, the number of parties involved, and the damages being sought.
Stages of a Personal Injury Claim
Each person’s experience with their personal injury claim may be different than another’s. However, the stages of a personal injury claim usually include the following:
- Hiring an attorney
- Building your case
- Settlement negotiations
- Jury verdict and possible appeals
- Collection of payment
In order to establish liability after a personal injury accident, an investigation may be necessary. This can be accomplished with the assistance of an experienced personal injury attorney to determine how the accident occurred, who is at fault, and the types of damages that can be expected in the long term. This is important information to find out what the claim is worth. Damages that may be present in a personal injury claim can include:
- Current and projected medical and rehabilitation expenses
- Current and projected future lost wages
- Any home modifications or adaptive technologies that are necessary
- Property damage
- Costs related to permanent consequences, such as paralysis or loss of a limb
- Any additional expenses related to the accident and injuries
The Process of a Personal Injury Claim
Once a claim is filed, the process of “discovery” can begin. During this time, the attorney and the defendant will gather information for the case. This can be done through interviews, reviewing documents and reports, and other investigative methods. With this, the injured party can build a strong claim to be proven in court if necessary. However, many cases do not even make it to court. Often times, personal injury claims are settled before the case goes to trial. This is done through settlement negotiations or mediation.
If this fails, a trial will be scheduled. It is important to know that a trial date depends on the schedule of the court. Therefore, an individual may have to wait months before stepping into a courtroom. The trial itself can take anywhere from a few days to longer depending on if any appeals are made.
Contact our Firm
If you or someone you love was injured in a personal injury accident and wishes to speak with an experienced attorney, contact the Law Office of Rand Spear at 215-985-2424 for help with your case.