When people file a personal injury claim, the first issue on their minds is how long the legal process will take. They want to understand the emotional and financial implications of their actions. If the case drags on endlessly, it will overwhelm you, especially if you are still treating your injuries.
“You can have more peace of mind when you understand the essential steps involved in filing a personal injury claim. As the case unfolds, you understand what to expect from each stage. It helps you to make an informed decision and stay focused until you achieve the desired output,” says personal injury attorney Jonathan B. Slack of Schlack & Bassmaji.
This article outlines the phases involved in a personal injury case:
Table of Contents
Phase One: Seek Medical Treatment
You must learn to prioritize your health in all circumstances. Immediately after an accident, a healthcare facility should be your first point of call. Never ignore an injury, no matter how insignificant it appears.
Furthermore, medical records are a crucial part of your evidence. When you seek treatment, the doctor will assess the severity of your injury and determine the appropriate treatment.
Consciously take note of the impact of the mishap on your daily life. These records are essential for calculating damages.
The severity of your harm will determine the duration of this phase. Before you can file a claim, you must have attained a maximum level of recovery.
Phase Two: Meeting with Your Attorney to Assess Your Case
You also need to meet with your personal injury attorney to inform them about the incident. Discuss the details extensively with your preferred attorney during the initial consultation, which is typically free of charge. The lawyer will analyze your story to determine if you have a claim.
They may also demand any available evidence to help prove your claim. After assessing your case and evidence, they will tell you the legal options you can explore. If your evidence is inadequate, they can also help you gather more evidence by speaking with professional witnesses and visiting the accident scene.
While this phase is short, it is highly crucial. It determines the legal direction of your case. You need to build a solid foundation for your case by speaking with an attorney immediately after an accident. Let the legal process begin while you are still recuperating.
Phase Three: Investigating Your Claim and Gathering Proof
As you heal, your lawyer will investigate your claim. They want to be sure what you tell them is true. They will consciously verify your claim by applying for medical records and police reports. They will also review your injury journal to know how you feel since you sustained the injury.
They will get the contact information of eyewitnesses to interact with them. If there is footage of the accident, they will examine it to clarify issues. This stage is usually crucial as the attorney must demonstrate a high level of professionalism.
The potency of your evidence determines the strength of your case. When you have strong evidence, you can easily establish liability. It is advisable not to rush things at this stage because it serves as the backbone of your claim.
Phase Four: Instituting a Claim Against the Defendant
A claim is filed against the at-fault party through a legal representative and submitted to the other party’s insurer. The insurer then assesses the claim, conducts an investigation, and responds accordingly. The insurer will assess the claim, conduct its investigations, and reply appropriately.
The company may accept or deny the claim. They may also send a counteroffer, opening the door for negotiations. Most of the time, these counteroffers are typically below the actual worth of a case.
A personal injury attorney is well-equipped to handle the entire process. They understand the value of your case and won’t proceed until the insurance company takes the necessary steps. The insurance firm may also trample on your rights if they discover you do not have legal representation.
Phase Five: Negotiating with the Insurance Company
Over 90 percent of personal injury claims are settled out of court, making the settlement process a crucial aspect. The outcome often hinges on negotiation skills—one more reason to let your attorney take the lead.
Personal injury lawyers are skilled negotiators who know how to counter the tactics of insurance companies. They will insist on getting fair compensation for your economic and non-economic damages.
The complexity of your case will determine the duration of this phase. However, negotiations often entail multiple rounds. You must be patient to achieve the desired outcome.
Phase Six: Exploring the Litigation Option
If the insurance company is unwilling to pay a fair settlement, you can file a lawsuit against them. This will allow a judge or jury to consider the case and pass their verdict.
It is essential to note that this phase can take anywhere from a few weeks to several months, depending on the court’s schedule and the complexity of your case. Both parties must present their evidence and argue before a jury or judge.
While this process may be taxing, it allows you to recover maximum compensation. If you have sufficient evidence, you should never dread the idea of litigation. That is why you must always settle for an attorney who is willing to proceed to trial if the settlement negotiations fail.
Concluding Thoughts
When undergoing these stages, it is essential to keep the statute of limitations in mind. It is the timeline by which you must file your claim. The deadline is usually between two and four years in most states.
The most feasible way to beat this deadline is to involve a personal injury attorney in your case immediately after an accident. Let them initiate the legal process early to file the necessary papers and prepare a solid claim.
It is also pertinent to note that every personal injury case is unique. Therefore, the general process may not apply. For instance, if the insurance company denies your settlement request due to your alleged contribution to the incident, it may affect the settlement timeline.
One of the most effective steps you can take is to involve a local personal injury attorney. They can craft a personalized strategy to pursue justice and fair compensation, while also protecting your rights and offering support throughout the process.
