A personal injury case may prove to be a long and complicated process, but familiarizing oneself with its steps may enable victims to deal with the legal system confidently.

No matter if the injury is due to a car accident, slip, or medical malpractice, all personal injury claims aim to recover damages, including medical bills, lost wages, and pain and suffering. Every case varies, yet all personal injury claims progress in much the same way from beginning to end.

Following are all the steps taken in a typical personal injury case:

1. Hiring a Personal Injury Attorney 

Even though it’s technically possible to treat a personal injury case on your own, it increases a person’s chances of securing a proper settlement when a professional lawyer is employed. The personal injury lawyer examines the case, addresses legal rights, and advises on appropriate action.

By working with an attorney who will fight for your rights, victims can ensure they have a strong advocate throughout the legal process.

Attorneys also deal with correspondence with opposing counsel and insurance providers to make certain victims do not say anything detrimental to their case. Most personal injury attorneys work on contingency fee, whereby attorneys are not paid until and unless their case wins, so victims can receive legal representation with no initial financial burden.

2. Investigation and Gathering Evidence 

Another important step in a personal injury case is a thorough investigation and evidence gathering, carried out as soon as the accident or injury takes place.

The victims must take pictures of the site, gather witness contact details, and procure whatever police or incident report may apply. 

3. Filing an Insurance Claim 

Most personal injury cases start with an insurance claim prior to filing a suit. The victim or their lawyer puts in a claim with the insurance company of the responsible party, reporting details about the accident, injuries, and financial damages.

The insurance company sends an adjuster to process the claim who may also ask for additional documentation, e.g., medical records or statements from witnesses.

4. Filing a Personal Injury Lawsuit 

If no settlement is reached, the victim may choose to sue the defendant in a personal injury lawsuit. The official legal process begins when the lawyer drafts a complaint presenting the facts of the incident, accident, injuries, and damages sought by the victim.

The complaint in court is filed and delivered to the defendant, who must respond within a certain period of time.  

5. Discovery Phase 

This discovery stage is an important phase of the lawsuit, during which each party submits evidence and exchanges information. It can last a few months and involves depositions, written interrogatories, and document requests.

Depositions are taken under oath from the defendant, plaintiff, witnesses, and experts. Attorneys representing both sides pose questions, and the answers are noted and used as evidence in court. 

6. Settlement Negotiations 

Even after a suit has been filed, personal injury lawsuits are mostly settled, not tried. Through settlement talks, attorneys from both sides work together to negotiate compensation. Mediation, with a neutral mediator to facilitate discussion, can also facilitate a settlement.

If a satisfactory settlement is met, the victim will dismiss the lawsuit in return for payment as agreed upon.

Take Away

Personal injury cases can prove to be a difficult, complex path, but familiarization with its steps gives injured victims more assurance as they progress through it.

From securing evidence to negotiating with insurance providers, filing suit, and possibly going to court, every step in between is critical to determining just compensation. With a seasoned lawyer by their side and with proper knowledge, injury victims are more likely to achieve a favorable verdict and receive the justice they are entitled to.