If you’ve been injured in an accident caused by another person’s negligence, you may be entitled to begin the personal injury claim process against that party. 

The personal injury claim is a formal process where you seek compensation from the at-fault party for your losses. This process will happen even when the incident is covered by insurance. Although every personal injury claim will differ depending on the individual circumstances surrounding the accident, each will follow a similar series of steps.

The Initial Consultation

If you have contacted a personal injury attorney, he or she will meet with you to discuss the circumstances surrounding your accident. At that time, you’ll discuss how it occurred, who you feel was at fault, who else was involved, and what treatment you’ve had for your injuries. At the end of your meeting, your attorney will assess whether you have a valid claim and suggest how best to proceed. 

An Investigation

Your lawyers will then conduct a thorough investigation of the incident. This can include visiting the scene of the accident and taking photos, obtaining an accident report from the police as well as witness statements, identifying all possible parties who may be at fault, ordering medical records and copies of any bills associated with your treatment, and pursuing insurance claims. 

Your Ongoing Treatment

In the meantime, you will need to focus on your recovery. Your job is to follow all doctors’ treatment orders so you can heal and reach the maximum level of recovery possible. You will want to keep track of all providers and treatment plans, dates of doctor’s visits when you had to miss work because of any treatment, and any out-of-pocket expenses that you incurred.  

The Demand Letter 

The demand letter is central to a personal injury claim. It recounts how the accident happened, who the suspected liable party is, and a demand for payment for damages. Once the insurance company reviews the demand letter, they will typically respond with a settlement offer. 

Negotiating a Settlement

Fair settlements generally require a certain amount of negotiation by your attorney to ensure that it completely compensates you for your damages. Once it does, a settlement agreement will be drafted outlining the terms, and the claim is resolved. This is how the majority of personal injury claims get settled. But in a small number of cases, the insurance company doesn’t offer an adequate settlement, and the matter will have to be litigated in court. 

Filing a Complaint

Filing a complaint gives the court official notice that a lawsuit has been initiated against the defendant or insurance company. The complaint will list all parties involved, the injuries you’ve sustained, evidence supporting your claim, the legal basis for the complaint, and the amount of compensation that you are seeking. Once filed, the complaint will then be served on the defendant. 

Discovery

During discovery, both sides’ attorneys will gather their evidence and speak to witnesses and other involved parties. Discovery will help both sides and the court get a clearer picture of what happened, who was at fault, and quantify a fair amount of compensation for you as the plaintiff. At this time, a settlement is still possible before the trial begins.

Trial

Once the matter moves to trial, a judge or jury will examine the evidence to determine whether the defendant should be held liable for your injuries and, if so, how much compensation should be awarded. 

You Can’t Always Count on a Fair Settlement

The personal injury claim process rarely makes it to the courtroom. With skilled legal representation and negotiation, your claim will typically be resolved through a settlement. But if litigation is required, you want to know that your personal injury attorney is a skilled and experienced litigator. 

When you have suffered injuries caused by someone else’s negligence, the experienced personal injury team at Silver & Silver will fight for your rights each step of the way. While we always strive for a fair and comprehensive settlement, we never back down from litigation to ensure that our clients get the compensation they deserve. If you have been injured in an accident caused by someone else’s negligence, call us at (610) 638-7255 or contact us through our website contact form to schedule a complimentary consultation.

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.