If you have been injured due to someone else’s negligence, you have the right to pursue compensation and there are a number of steps you can take to receive it. Filing a personal injury claim is the usual approach. However, most individuals that file such a claim don’t know what to expect. There are several steps involved in a personal injury case. Following is a timeline and overview of those steps:
Medical Treatment
After your accident and if you are injured, it is highly recommended that you seek medical attention as soon as possible. Even if you don’t think that you have been badly hurt, you should still get checked out either by going to an emergency room, an urgent care facility or to your primary care provider. This is because you may have internal or underlying injuries that require treatment. Keep in mind that your medical records will form the basis for your personal injury case.
Consulting a Personal Injury Attorney
Once you have received the initial treatment for your injuries, the next step is to hire the services of a personal injury attorney. Your attorney will discuss and evaluate your case. If they believe that you have grounds for a personal injury claim, they will explain your legal options to you. After the consultation, your lawyer will start gathering all pertinent evidence, will consult with expert witnesses for testimony, if necessary, and take the initial steps to file a personal injury claim on your behalf.
Filing the Lawsuit and Early Negotiations
After determining liability and collecting all necessary documentation supporting your claim, your personal injury lawyer will contact the party at-fault or their insurance provider to lay out their liability and the damages related to your injuries. At this point, you may enter into negotiations with the party at-fault. A successful negotiation here means you will receive a settlement and your personal injury claim will be resolved. However, if negotiations are unsuccessful, your attorney may file a lawsuit in civil court. Typically, personal injury lawyers wait until their client reaches maximum medical improvement before attempting to settle a claim or filing a lawsuit.
Discovery and Mediation
Once the lawsuit has been filed, the party at-fault and your respective lawyers will enter the discovery process. At this stage, you will be requesting documents, exchanging evidence, and deposing witnesses to prepare for the courtroom trial. This process can take several months to complete.
Before the trial, you may enter another round of settlement negotiations. An alternate dispute resolution process, e.g. mediation or arbitration, is also an option. If you can reach a settlement at this stage, you will sign an agreement and get your compensation. On the other hand, if negotiations are unsuccessful, the case will proceed to trial.
Trial and Verdict
During the trial of your personal injury case, you and the at-fault party will present evidence to the court to establish the facts of the case and your right to receive compensation. In the end, the court will determine whether you deserve compensation and, if so, how much of that you are entitled to receive. Depending on the facts of your case, the trial could last a day or a week.
Each personal injury claim is different. On average, these cases take 1-3 years to reach an acceptable settlement or verdict in court. Timelines are likely to be increased if the injuries are severe or the circumstances of the accident are complex.
Hilton & Somer, LLC: Personal Injury Attorneys located in Fairfax and licensed to practice in Virginia, Maryland and in the District of Columbia
When you have been injured, you want justice and you want answers. At Hilton & Somer, LLC, we understand, and we are here to help. Our experienced personal injury attorneys will listen to all the details of your case and help you get the compensation you deserve. If you are ready to get started, reach us through our online contact form or call us at (703) 560-0700.
References
https://www.nolo.com/legal-encyclopedia/timeline-personal-injury-lawsuit.html
https://www.injuryclaimcoach.com/personal-injury-statistics.html
