After suffering a personal injury, you may feel overwhelmed by pain, medical bills, and uncertainty about the future. You may have no clue how you’re going to cover your expenses, and you may have already had people telling you that you need to hire an attorney.
If you’re like most of our clients, you’ve never been through this before, and you may be uncertain whether you even need an attorney. You may only have a vague idea of what a personal injury attorney even does or how they can help. You may also have heard some of the myths about what we do, like the idea that it’s not worth the time to pursue a claim.
This post will dispel that fear and uncertainty and help you understand what to expect during this process. Hopefully, this will reduce your anxiety and give you confidence as you navigate the road to recovery.
Here’s a comprehensive guide on what to expect during a personal injury claim, from the initial consultation all the way to finally receiving compensation.
After suffering a personal injury, you may feel overwhelmed by pain, medical bills, and uncertainty about the future. You may have no clue how you’re going to cover your expenses, and you may have already had people telling you that you need to hire an attorney.
If you’re like most of our clients, you’ve never been through this before, and you may be uncertain whether you even need an attorney. You may only have a vague idea of what a personal injury attorney even does or how they can help. You may also have heard some of the myths about what we do, like the idea that it’s not worth the time to pursue a claim.
This post will dispel that fear and uncertainty and help you understand what to expect during this process. Hopefully, this will reduce your anxiety and give you confidence as you navigate the road to recovery.
Here’s a comprehensive guide on what to expect during a personal injury claim, from the initial consultation all the way to finally receiving compensation.
1. Initial Consultation with a Personal Injury Attorney
The first step in pursuing a personal injury claim is to consult with a personal injury attorney. During this meeting, you will discuss the details of your case, including how the accident happened, the extent of your injuries, and the impact on your life.
Your attorney will evaluate whether you have a valid claim and explain your legal rights. The consultation is often free, and your attorney will help you determine whether pursuing a claim is in your best interest.
This is also where you’ll discuss how your attorney would get paid to work on your case—most personal injury attorneys work on contingency, which means they only get paid if they win your case.
This meeting is also an opportunity for you to ask questions and assess whether the attorney is the right fit for your case. Look for an attorney who dedicates plenty of time to you, who listens, who demonstrates empathy, who has a consistent track record of success, and who has plenty of good reviews.
2. Investigation and Evidence Gathering
Once you hire an attorney, they will begin investigating your case. This involves gathering evidence to prove liability and the extent of your damages. Evidence may include accident reports, witness statements, medical records, photographs, and expert testimony.
Your attorney will work closely with you to collect all relevant documents. You may be asked to provide medical bills, records of missed work, and any other evidence that demonstrates the impact of the injury on your life.
3. Filing the Claim
After investigating your case, your attorney will file a claim with the at-fault party’s insurance company. This demand letter will outline your case, including how the accident occurred, the extent of your injuries, and the compensation you are seeking for medical expenses, lost wages, pain and suffering, and other damages.
The insurance company will review the claim, and their response can take anywhere from a few weeks to a few months. They will either accept the claim, deny liability, or propose a settlement offer.
4. Settlement Negotiations
In most personal injury cases, the insurance company will attempt to settle the claim before it goes to court. During negotiations, your attorney will work to secure a fair settlement that covers all of your damages, including both economic and non-economic losses.
Settlement negotiations can be quick, but in more complex cases, they can drag on for months. Your attorney will negotiate on your behalf, keeping you informed of any settlement offers. While some cases settle early, others may require multiple rounds of negotiation.
5. Medical Treatment and Maximum Medical Improvement (MMI)
Throughout the process, it’s important to continue your medical treatment and follow your doctor’s recommendations. Your attorney will typically wait until you reach Maximum Medical Improvement (MMI) before finalizing the claim.
MMI means that you have recovered as much as possible, even if you haven’t made a full recovery.
Your attorney will use your MMI status to calculate the full extent of your damages, including ongoing medical expenses and future care needs. This helps ensure that any settlement or court award fully compensates you for your injuries.
6. Filing a Lawsuit (if Necessary)
If settlement negotiations do not result in a fair offer, your attorney may recommend filing a lawsuit. This begins the formal legal process of litigation. Your attorney will draft and file a complaint with the court, which initiates the lawsuit.
After filing, the legal process enters a stage called “discovery,” during which both sides exchange evidence and conduct depositions. This stage can last several months, and your attorney will prepare you for any questioning that may take place.
7. Mediation or Alternative Dispute Resolution
Before going to trial, many courts require mediation or some form of alternative dispute resolution (ADR). Mediation involves a neutral third party who helps facilitate a settlement between you and the opposing party.
Mediation is less formal than a trial and can often lead to a quicker resolution. Both parties will have the opportunity to present their case, and the mediator will work to help them reach a mutually agreeable settlement. If mediation is successful, it can avoid the need for a trial.
8. Trial (if Settlement Fails)
If mediation and settlement negotiations fail, your case may proceed to trial. During the trial, both sides will present evidence, call witnesses, and argue their case before a judge or jury. The trial could last anywhere from a few days to several weeks, depending on the complexity of your case.
Trials are unpredictable, and the outcome is in the hands of the judge or jury. Your attorney will prepare you for the trial process and guide you through every step, from presenting evidence to delivering closing arguments.
9. Verdict and Compensation
At the end of the trial, the judge or jury will deliver a verdict. If you win your case, you will be awarded compensation for your injuries. This may include compensation for medical bills, lost wages, pain and suffering, and other damages.
Receiving compensation can take time, even after a favorable verdict. If the defendant appeals the decision, the process could be delayed further. However, once finalized, you will receive your compensation, either through a lump sum or structured payments.
10. Appeals Process
In some cases, the losing party may appeal the court’s decision. An appeal could prolong the process, as a higher court will review the trial court’s ruling for any legal errors.
Appeals can take months or even years to resolve. However, your attorney will continue to represent your interests and work to uphold the favorable outcome.
Take Your Time, Compare Options, and Go with What Feels Right
Filing a personal injury claim is a multi-step process that requires patience, persistence, and strong legal representation.
From the initial consultation through possible settlement negotiations or a trial, your attorney will be by your side to guide you through each stage. While the process may take time, it is designed to help you receive the compensation you need to recover from your injury and move forward with your life.
If you’ve recently been injured, you deserve to be represented by a team that cares. Contact us today, and let’s talk about how we can help.
