Personal Injury Case Basics

When an accident has occurred, you will discuss the specifics of your circumstances with a personal injury attorney. Some topics included in this discussion are:

• Whether there was negligence on someone else’s part involved
• Whether there is a defendant from whom to seek compensation
• The severity and extent of injuries you suffered
• Your medical expenses
• Your legal options

To learn more about the initial consultation process, please click on the link below.

Getting Started

If the consultation suggests injuries are caused due to negligence, filing a claim starts the injured individual’s pursuit of legal action in order to receive compensation. To assist you with the filing process and educate you on important deadlines, please click below to schedule a free appointment with one of our attorneys.

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Your attorney will review all relevant information surrounding your case including police reports, photographs, witness statements, medical records, expenses, employment information, and any other appropriate information. This step also includes the attorney consulting with experts to obtain their professional opinions. If there is relevant evidence such as photos or videos that shows your accident, your attorney may likely secure those assets at this time. Your attorney will also consider the possible defenses of the other party, or parties, and determine liability. If you’re questioning whether this process is worth it, click below to submit a form that will allow our legal team to provide you a rough estimate of your case’s value.

How Much Is My Case Worth?

During this step, your attorney will issue a demand for settlement to the defendant. It will outline your claim, including liability and damages you are seeking (injuries, lost wages, medical expenses, pain and suffering, loss of enjoyment of life, and future medical expenses). The other side will review the demands, with the options of accepting, rejecting, or making a counteroffer. Negotiations will follow, and either a settlement will be reached, or your case may have to proceed further.

In the event that a settlement cannot be agreed upon, your attorney will file your personal injury lawsuit in the appropriate court.

Before trial, both sides are required to exercise discovery, sharing evidence with the opposing counsel. This exchange allows the plaintiff, defendant, and their attorneys the ability to evaluate the other side’s case.

Also prior to trial, mediation may be ordered for your case. A mediator is appointed (often a former or current judge) to oversee a dialogue between the two sides to once again try to negotiate an acceptable agreement so the case doesn’t have to go to trial.

If mediation fails to settle the case, the next step is the trial. In a trial, the decision-maker (sometimes a judge, sometimes a jury) will hear from both sides, be presented with the evidence, determine fault, and award damages.

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