Being injured in an accident, especially if it is due to someone else’s fault, can be quite a traumatic experience. In such cases, it is quite normal to feel uncertain about what to do next or how to handle the whole situation. However, it is important to take the right actions to ensure that you receive due compensation for personal injury.
But, let’s be honest, the whole process for making a personal injury claim is quite complicated and can be very overwhelming or confusing for most people. In some cases, personal injury cases are settled without a lawsuit being filed in court. As such, there’s a good chance your personal injury case might be settled out of court or at any point in the timeline.
However, if you’re about to proceed with a personal injury case in court, you might be curious about how the entire process may play out. In this guide, I’ve outlined the steps and processes of a typical personal injury case; and how it proceeds through the legal and insurance systems. This guide will give you all the information you need to understand the standard process and timeline of a typical personal injury case.
A Quick Summary Of What To Do Immediately After An Accident
While you may still be a bit stunned at the moment, it is important to take certain actions that can protect you and your right to compensation. These include:
- Gathering evidence
- Getting medical advice or treatment
- Keeping proper records,
- Abstaining from social media
- Consult with a lawyer or personal injury attorney
In the subsequent sections of this guide, I will discuss some of these tips. Now, let’s get right into the process of a typical personal injury case.
Seek Emergency Medical Treatment
Many people often make the grave mistake of not getting medical treatment right after an accident. This is a bad idea for two reasons:
- There might be an underlying medical complication as a result of the accident that you may be unaware of.
- The jury and insurance adjuster may think your injury is not as serious as you claim.
This is why one of the first things to do after getting injured in an accident is to immediately seek medical treatment. Even if you do not feel pain or need to see a doctor, make an appointment with your doctor or go to the emergency room.
Consult A Personal Injury Lawyer
It’s always a great idea to discuss the situation with your personal injury attorney, especially if it’s more than a very minor claim. While you may be able to handle a small personal injury claim without help from a personal injury lawyer, you’ll most likely need a lawyer if you’ve suffered a serious injury. For instance, if the injury sustained results into:
- Absence from work for more than a few days,
- Broken bone(s)
- Expensive medical bills
- Loss of earning capacity, etc.
You will also need a personal injury lawyer if the at-fault party is putting up a fight. Before hiring a personal injury lawyer, make sure you ask the right questions and keep your options open. You need to be certain that your personal injury attorney has a good chance of helping you win your claim.
What Does A Personal Injury Attorney Do?
You’re most likely wondering “what exactly does a personal injury attorney do?” or “why exactly do you need one when filing a personal injury claim?” A good personal injury attorney will work towards helping you recover damages. In some cases, the “at-fault” party may not have the insurance coverage to pay for your losses in part or full – in such cases, your personal injury attorney will examine every aspect of your case to determine if there are any loopholes or alternative options to help you receive maximum compensation.
You will also need a personal injury attorney to handle your Massachusetts Injury Claims, especially in complicated personal injury cases such as certain types of third-party claims. These types are typically very confusing for most people to understand, and only an expert and experienced personal injury attorney Tacoma will know how to handle the situation.
Hiring a personal injury lawyer is also a great move because your lawyer will notify the at-fault party’s insurance company that you are being represented by a lawyer. As such, all contact and dealings will be made with the law office, leaving you out of the back and forth and allowing you to focus on recovering.
Communicating With The Insurance Company Of The Party At Fault
Honestly, dealing with the at-fault party’s insurance company after an accident can be quite a hassle. This process can be quite tedious and relatively involves a lot of back and forth, including filing a claim, negotiating a settlement, and deciding whether to go to trial or accept the other party’s settlement.
Filing A Claim
Filing a claim is also one of the most important things you must do after the accident. You need to file a claim with the insurance company representing the person responsible for your injury. In most car accident cases; people typically exchange this information. However, it might be challenging to determine where to file your claim in other cases of personal injuries, such as a product or premises liability case, or any other type of accident.
For your claim to be successful, certain factors must be present. For instance, you must:
- Submit supporting evidence of your injury,
- Provide proof that the other party’s action or inaction resulted in your injury
- Determine the amount of your claim (how much money you need to recover damages.)
- Submit a well-detailed demand letter justifying the amount of your claim.
This whole process is usually best handled by a personal injury lawyer who can handle all those tasks for you. For instance, a lawyer would investigate every aspect of your case to come up with a reasonable settlement amount.
Negotiating A Settlement
Typically, your lawyer will send a demand to inform the insurance company representing the party at fault that they must either provide the requested settlement amount or go to trial if an acceptable counteroffer is not provided.
In such instances, the at-fault party’s insurance company will either accept your demand or issue a more appropriate counteroffer. You have the right to refuse settlement offers that don’t meet your requirements. Your personal injury lawyer will deal with the negotiation process – and if your lawyer is good, you’ll most likely get a good amount of money as settlement without needing to go to trial.
If the settlement offer is too low, you and your lawyer may decide to take your case to court. However, this choice is often risky as the jury may either side with you, decide against you, or they may award a settlement lesser than what you expected or initially got from the at-fault party. It is always best to go with your attorney’s advice regarding the situation. So, even if you are tempted to go to trial, if your personal injury attorney suggests accepting the settlement offer out of court, you should most likely do so.
What Happens In The Civil Court?
If you’ve decided to litigate, most of the rest of the process will be handled by your case manager, office staff, and personal injury attorney. This process typically involves interviewing witnesses, dealing with accident and injury professionals, filing motions, etc.
Filing A Complaint
Your personal injury will have to file a complaint with the court against the party responsible for your injury if you want to make your personal injury case a lawsuit. Your complaint should include all the relevant details (proper documentation and the amount of compensation demanded) needed as proof.
In most states, the maximum number of days for a defendant to answer a complaint is 30 days. Typically, the defendant could:
- Respond by highlighting what aspects of the complaint they contest or agree to or state any defense they have.
- Not respond in time.
- Respond with a claim against a third-party complaint or a counterclaim.
- Try to (voluntarily or compulsorily) resolve the case through mediation.
- File a “demurrer,” stating that your complaint doesn’t prove that he/she is approximately responsible for your injury. In this instance, there has to be a hearing on the complaint preceding the trial.
Discovery
During the “discovery” phase, each party provides information and documents about the case. These include written questions for witnesses to answer under oath, medical records, and depositions. You may also have to undergo an Independent Medical Evaluation (IME) by a doctor suggested by the defense.
Deposition
In the preceding section, I briefly mentioned the word “deposition”. If you are filing your first personal injury case, then there’s a good chance you hardly know what the term means.
During deposition, a lawyer representing the other party will question witnesses. This usually takes place in the presence of a court reporter in the attorney’s office.
Trial (The Jury Selection Process)
In a personal injury case, both parties can choose to have the trial in front of a jury or before a judge. If you and the other party decide to have the trial in front of a jury, the next thing to do is to select twelve jurors. Typically, the judge leads the defense attorneys and the plaintiff through a selection process of potential jurors to choose those approved by both parties.
Opening Statements
After the jury selection, usually, the judge will give the jury specific information. Following this, the plaintiff’s attorney will give his/her “opening statement” based on the facts of the case that will be presented during the trial. After the plaintiff’s attorney’s opening statement, the defendant’s lawyer will also make his/her opening statement. In some cases, the lawyer of the defense may choose to make his/her opening statement after the plaintiff’s attorney has rested his/her case.
Case in Chief
After presenting the opening statement, the plaintiff’s attorney will then present the “case in chief.” This process typically differs based on the type of courtroom the trial takes place. For instance, if the trial were to take place in a criminal court, the plaintiff must prove the defendant’s guilt “beyond a reasonable doubt.” However, in a civil case, the plaintiff only needs to prove that the defendant is responsible for a “preponderance of the evidence,” or is most likely guilty.
Typically, in personal injury cases, the plaintiff provides the first testimony about the accident. Then the plaintiff’s lawyer builds on this testimony to validate the victim’s claim. The plaintiff’s attorney may also invite witnesses to corroborate the plaintiff’s testimony.
Testimony From Experts
To further validate the plaintiff’s testimony, the plaintiff’s attorney may bring in an expert to testify. For instance, a medical expert may be invited to testify to the severity of the plaintiff’s injury or the long-term damage that may occur as a result of the accident. Depending on what side of the case the plaintiff’s attorney wants to build his or her argument, an expert will most likely be summoned.
The defendant’s lawyer may also cross-examine the witnesses after being questioned by the plaintiff’s lawyer. The defense can then present their case after the plaintiff’s lawyer rests his/her case. During this process, the defense has the right to refute the plaintiff’s claims or invalidate their experts’ opinions.
Similarly, the plaintiff’s lawyer can also refute the defense’s claims after the defense counsel rests.
Jury Deliberations
After both parties’ counsels rest, the judge will instruct the jury to deliberate on the case. The jury then retreats to the deliberation room, where they select a foreperson and begin deliberations.
In a criminal court, the jury has to give a unanimous verdict to rule the defendant liable. However, in a civil court, it only requires nine out of the twelve jurors to rule the defendant liable. In such cases, the jury will also determine the amount to be paid by the defendant.
The award the plaintiff will receive will be sent to your law firm or a personal injury attorney. Your attorney may deduct his or her fee and any other outstanding charges before sending the rest of the money to you.
As I mentioned at the beginning of this guide, personal injury cases are quite complicated and may even be downright frustrating to handle without professional legal help. This is why it is crucial to hire a trusted personal injury attorney to help you figure out the process and up your chances of winning your case.