What are the Steps in a Personal Injury Case?

Navigating a personal injury case can be overwhelming, especially when events unfold rapidly. Imagine this scenario: one day, everything is normal. You feel great, and the weather is beautiful. Suddenly, someone runs a red light and hits your car at 45 MPH. You find yourself injured in a car accident, and an ambulance rushes you to the hospital, where you receive treatment for your injuries. Now, as you begin your recovery, you might be wondering: what are the next steps for a personal injury lawsuit?

Immediate Steps After a Car Accident

The first crucial step after being involved in a car accident is to seek medical attention. Your health and well-being are the top priority. Ensure that all injuries, even those that seem minor, are thoroughly examined and documented by medical professionals. According to the National Safety Council, car accidents resulted in over 4.8 million medically consulted injuries in the United States in 2022.

Documenting the Incident

Once you have received the necessary medical care, it’s important to document everything related to the accident. This includes obtaining a copy of the police report, gathering witness statements, and taking photographs of the accident scene and your injuries. This documentation will be vital for your personal injury case.

Consulting a Personal Injury Attorney

After documenting the incident, consulting with a personal injury attorney is the next step. An experienced attorney can help you understand your rights and guide you through the legal process. They will assist you in filing a claim, negotiating with insurance companies, and representing you in court if necessary. According to a study by the Insurance Research Council, individuals who hire attorneys receive settlements that are 3.5 times higher than those who do not.

Filing a Personal Injury Claim

Your attorney will help you file a personal injury claim against the at-fault party. This involves submitting all necessary documents and evidence to support your case. The claim will include details about the accident, the extent of your injuries, and the financial impact it has had on your life.

Negotiating a Settlement

Most personal injury cases are settled out of court. Your attorney will negotiate with the at-fault party’s insurance company to reach a fair settlement. This process can take time, but it’s important to ensure that you receive compensation that covers medical expenses, lost wages, and other damages.

Going to Trial

If a fair settlement cannot be reached, your case may go to trial. During the trial, both sides will present evidence and arguments, and a judge or jury will determine the outcome. It’s essential to have a skilled attorney by your side during this process.

Recovery and Moving Forward

While the legal process is ongoing, focus on your recovery. Follow your doctor’s advice, attend all medical appointments, and participate in any recommended rehabilitation. The goal is to return to your normal life as much as possible.

There are several steps for a personal injury lawsuit that a victim can expect and are outlined below so you can get an idea of what to expect in your case. Always consult with your attorney for each step of a personal injury lawsuit.

Medical Treatment

Seeking medical treatment immediately after an accident is the first and most crucial step to ensure you receive proper care for your injuries. Whether you visit your primary care doctor or go to the emergency room, prompt medical attention is essential for several reasons.

First and foremost, your health and safety are the top priority. Receiving a professional evaluation helps identify any injuries that may not be immediately apparent. Some injuries, such as internal bleeding or concussions, can manifest symptoms later and become life-threatening if not treated promptly.

Secondly, obtaining medical care immediately after an accident plays a critical role in documenting the extent and seriousness of your injuries. This documentation is vital when filing insurance claims or seeking legal recourse. Insurance companies often scrutinize the timeline of medical treatment, and delays can be used to downplay the severity of your injuries or even deny your claim altogether.

Consultation with a Personal Injury Attorney

In order to get a case started, you should always consult with a personal injury lawyer about your accident. Many attorneys will offer free consultation services to review your case, so there will be no charge.

The Lawyer will Investigate your Case/Claim

When handling a personal injury case, a thorough review of all relevant information is crucial. Attorneys meticulously examine a wide range of documents and evidence to build a robust case for their clients. This process includes evaluating medical records, treatment details, police reports, witness statements, video footage, and the costs associated with damages.

Gathering and Analyzing Medical Records

Medical records and treatment details are essential components of the review process. These documents provide a clear picture of the injuries sustained, the treatments administered, and the long-term impact on the victim’s health. By analyzing these records, the attorney can establish a direct link between the accident and the injuries.

Examining Police Reports and Witness Statements

Police reports and witness statements offer critical insights into the circumstances surrounding the accident. The police report often contains the official account of the incident, while witness statements can provide additional perspectives. Both sources help the attorney understand the sequence of events and identify any discrepancies or corroborations.

Reviewing Video Footage

Video footage from traffic cameras, dashcams, or surveillance cameras can be invaluable in reconstructing the accident. This visual evidence can reveal crucial details that might not be evident from written reports alone. Attorneys use this footage to verify facts and support their client’s claims.

Assessing the Costs of Damages

Determining the financial impact of the accident involves calculating various costs, including medical expenses, property damage, lost wages, and other associated costs. A comprehensive assessment helps in seeking appropriate compensation for the victim.

By meticulously reviewing all this information, attorneys can better understand the accident and the extent of the damages incurred. This thorough analysis forms the foundation of a strong legal strategy aimed at achieving the best possible outcome for their clients.

The lawyer will Demand a Settlement / Insurance Claim

Once you have peaked in your medical recovery, the lawyer will determine if the case can be settled. If so, then the lawyer will send a demand for a settlement letter to the other attorney or insurance company. It’s important that you reach your peak in recovery to fully understand any long-lasting injuries and financial expenses that have accumulated from the injury.

If there is no settlement met or the negotiation stalls, then the next step would be the start of litigation with a complaint filed.

A Complaint is Filed (The Beginning of a Lawsuit)

The complaint is the beginning of a lawsuit for a personal injury case. A case will be filed by your attorney in the correct civil court and will have information on the plaintiff’s case against the defendant. Usually, the complaint will have the parties that are involved and all of the related facts for the legal claims. A summons will also be filed to let the defendant know they are being sued.

Defendant Responds (Answers)

A response is the next step from the defendant, since they were served the summons and complaint. This response is called the “Answer” from the defendant. The defendant will hire an attorney and will respond to the complaint.

Discovery

The discovery begins so that both parties can look at all of the information involved with the personal injury case. Each party must request specific information they are looking for in the discovery process and needs to be requested by the attorney. Depositions will also be requested as part of the discovery process, and questions will be asked for the parties involved. The discovery phase will help your attorney gather evidence for the case.

Depositions

During the discovery phase, depositions will most likely be given from both parties. A deposition is the process of giving an oral testimony that is sworn and out-of-court for a witness to give sworn evidence during a question and answer deposition meeting. The intent of a deposition is for both parties to have the opportunity to discover all of the facts from one another, or even a third party. This evidence can be used and is written into a transcript that may be used in court. Please consult with your attorney about the deposition process.

Mediation and Negotiation

After the discovery, mediation (negotiation) will take place to help possibly settle the case before it goes to trial. Mediation will most likely involve a third party called the “Mediator” and will help assist in both parties to reach an agreement. This is part of the alternative dispute process (ADR) and can comprise of mediation, arbitration, or dismissal of the lawsuit case. During mediation, the mediator will not force anyone to settle, but will help identify the strengths and weaknesses for each party in their case. Most cases will settle out of court from mediation, arbitration, or settlement and will never see a trial in the courtroom. It is best to have intervention in the dispute and try to resolve it in a settlement. If an agreement and settlement cannot be met, then the next step is the lawsuit case will go to trial.

Trial

A trial is a very long process and is a formal meeting in a law court for review and examination of the evidence in front of a judge and jury (in most cases) and will decide who is legally responsible for the personal injuries in the lawsuit case.

A full trial for a personal injury case will usually take the following steps to complete.

1. A jury will be selected for the case
2. Opening statements will be given for each party to outline the facts
3. Evidence, witness testimony and cross-examining the witness with questioning by the lawyer
4. Closing arguments and summations based on the evidence presented
5. Instruction from the judge will be given to the jury about the laws that will help guide the deliberation. (Judge’s charge to the jury)
6. Jury deliberation will then occur in a room to decide the verdict.
7. A verdict is reached and will decide the plaintiff or the defendant as the prevailing party with possible damages included.
8. Judgment will be made by the judge based on the jury’s verdict. The judge may also adjust the damages given by the jury.

There are more details and processes on how a trial works, so make sure you consult with your attorney on the next steps.

Appeal

If the losing party does not like the result of the case in the trial, then they can appeal it. A very low percentage of cases get appealed, but can be done and is sent to an appellate court. The appellate court will review the case, each party’s brief and evidence on record, and the previous outcome of the case. If the appellate court finds any errors in the trial or legality parts, then the appellate court may reverse the judgment (verdict), and a new trial would be set.

Personal Injury Trial Lawyer

After reviewing the steps and what’s involved in a personal injury case, you should make sure you have the best legal representation available. A legal team with a personal injury trial lawyer that has the experience and is ready to handle your case every step of the way. This will ensure you have the best outcome possible for your personal injury case at every step of the way. For more information on how the court works, legal procedure, detailed information for the steps on a trial, then check out the American Bar Association’s section on How Courts Work.

***Disclaimer: The content of this webpage, created by Heidari Law Group, is intended solely for educational purposes. While it endeavors to provide a general understanding of the law, it should not be construed as specific legal advice. Accessing and reading this site does not establish an attorney-client relationship with any member of Heidari Law. Furthermore, please be aware that the legal landscape is constantly evolving, potentially rendering some information outdated or inapplicable.