Image by Claim Accident Services from Pixabay
Do you ever wonder what exactly happens when you file a personal injury claim?
Navigating the legal process can be overwhelming and seem foreign to the average person. The reality is that most of us will never have any experience with lawsuits or the courts during our lives. Here’s the thing…
Knowing how the process works can save you time, stress, and even thousands of dollars in the long run.
Let’s break down everything there is to know about the legal process after an injury…
You’ll discover:
- What Is Personal Injury Law?
- The Steps in a Personal Injury Case
- Why Most Cases Never Go to Court
- How Long Does it All Take?
What Is Personal Injury Law?
Personal injury law deals with cases where an individual is injured due to the negligence or intentional acts of another party.
Some common examples include:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Workplace injuries
- Defective products
The goal of personal injury law is to obtain compensation for the injured party. This compensation is meant to cover medical expenses, lost wages, and pain and suffering. A skilled personal injury law firm like Andrew Pickett Law can guide you through each stage of the legal process and work tirelessly to secure the compensation you deserve.
Here’s a shocking stat:
There are approximately 39.5 million personal injury incidents in the US that result in medical treatment each year. This translates to about 126.2 personal injury cases per 1,000 people, according to data from the CDC.
Pretty crazy when you think about it.
The Steps in a Personal Injury Case
The personal injury legal process has a fairly predictable course. Familiarity with each step allows you to better understand what to expect moving forward.
Initial Consultation and Case Evaluation
The very first step in the process begins with an initial consultation. During this meeting, your attorney will review the circumstances surrounding your accident and resulting injuries. They will also evaluate whether you have a legitimate case against the at-fault party.
One important note: most personal injury attorneys offer free initial consultations.
Attorneys work on contingency fees. This means that if you don’t win your case, they don’t get paid.
Investigation and Evidence Gathering
The real work starts after you’ve retained an attorney. Your legal team will work to:
- Gather and organize all relevant medical records and bills
- Obtain police reports and witness statements
- Document all of your injuries through photos
- Calculate your total damages
- Identify all of the at-fault parties
The strength of your case hinges on the quality and quantity of the evidence that your legal team can gather.
Filing the Claim
Your attorney will then send a demand letter to the at-fault party’s insurance company. This letter contains a summary of your injuries, how the accident occurred, and how much compensation you’re seeking.
The insurance company then begins its own investigation into the claim.
Don’t be surprised if you receive a very low initial offer from the insurance company.
Insurance companies exist to pay out as little money as possible. This is where skilled negotiation comes in.
Negotiation Phase
Negotiations take place between your attorney and the insurance company. You’ll be shuttled back and forth as each side works to hash out a fair settlement amount.
According to recent industry data, about 95% of personal injury cases settle without ever making it to trial. Only about 5% of cases actually end up being decided by a judge or jury.
Why do so few cases go to trial?
The simple fact is that trials are expensive, time-consuming, and high-risk for both sides.
Filing a Lawsuit
If a settlement agreement can’t be reached, your attorney will file a lawsuit on your behalf. This doesn’t mean that your case will definitely go to trial. In fact, most cases settle after a lawsuit is filed.
A filed lawsuit shows the insurance company you’re serious about your claim. The filing of a lawsuit typically motivates an insurance company to improve their settlement offer.
Discovery Process
The discovery process is where both sides of a case exchange information and evidence. This includes:
- Interrogatories (written questions)
- Document requests
- Depositions (recorded sworn testimony)
Discovery can take several months depending on the complexity of the case.
Mediation and Settlement Conferences
Mediation or settlement conferences are another step in the process before a case ever goes to trial. Mediation involves a neutral third party helping both sides work towards a settlement agreement.
Surprisingly, mediation is effective more often than not.
Mediation can provide a more structured environment for negotiations to take place. This can make it easier for both sides to find common ground without the risk of a trial verdict.
Trial
The last step in the process is the actual trial. This is where a judge or jury hears the evidence and testimony and ultimately decides the outcome of the case.
Personal injury trials typically last between three and seven days, depending on the complexity of the case. Medical malpractice and product liability cases often take longer than car accident cases.
Why Most Cases Never See the Inside of a Courtroom
Fun fact: the overwhelming majority of people who file a personal injury claim will never step foot in a courtroom. There are several good reasons for this.
Trials are a crapshoot. Even in cases where you have strong evidence and have done everything right, there are no guarantees. You can spend months waiting for a case to go to trial only to receive nothing in the end.
Settlements are guaranteed. When you accept a settlement, you know exactly what you’re getting. You don’t have to risk anything by going to trial.
It’s a question of time. According to Bureau of Justice Statistics, the average time from filing a tort lawsuit until disposition is 23 months. Motor vehicle accident cases have an average duration of 20 months while medical malpractice cases last on average 31 months.
Who has that kind of time when you’re struggling to pay your medical bills?
Cost is also a factor. Trials are more expensive and time-consuming for both sides. This means more legal fees, expert witness costs, and other expenses eating into any potential recovery.
How Long Does It All Take?
The amount of time each case takes can vary widely.
Simple cases with clear liability and minor injuries can take as little as three to six months to settle.
Complex cases with more serious injuries, multiple liable parties, and disputed liability can take one to three years or more.
Factors that can impact the timeline:
- Severity of injuries
- Length of medical treatment
- Disputed liability
- Insurance company’s willingness to negotiate
- Court schedules
Your attorney should be able to provide you with a realistic timeline based on the specifics of your case.
Wrapping It All Up
The personal injury legal process is neither as foreign nor as intimidating as it may seem. Once you know what to expect, each step becomes less of an unknown.
Here’s what you should remember:
- Most cases settle without going to trial
- The key to success is strong evidence
- The process takes time so patience is required
- Skilled legal representation makes a huge difference
Personal injury cases are there to help victims obtain the compensation they deserve. Whether your case settles quickly or takes many months of litigation, knowledge is power when it comes to getting the best possible outcome.