After you’ve been injured in an accident caused by another person’s negligence, such as a car accident or a slip and fall incident, you may decide to file a personal injury claim to seek compensation for your damages. However, you might be anxious about the process ahead. You might not know what to expect or when to expect a settlement check. Here is a breakdown of the timeline of a personal injury case, according to a personal injury lawyer.
The Accident Occurs
The personal injury claim process begins on the day of the accident. Here, you can start taking steps to protect your legal rights, such as:
- Reporting the accident to law enforcement or the responsible parties
- Collecting information from the party responsible for your injuries, such as their name, address, phone number, driver’s license number, and insurance information
- Asking witnesses for their contact information
- Taking pictures of the accident scene
- Making note of relevant information, such as the presence of traffic or surveillance cameras, weather conditions, and road conditions
Keep this evidence secure so you can give it to your lawyer.
Seeking Medical Attention
It’s crucial to seek medical attention after an accident for the sake of your health and your personal injury case. Your medical treatment is an important step in your case because your lawyer will likely want you to reach maximum medical improvement (MMI) before settling your case, the point at which your medical condition has stabilized and will not improve.
Consultation with a Personal Injury Lawyer
Now, you might be wondering how you’ll pay medical expenses or make up for lost income. An experienced personal injury lawyer can evaluate your case and explain if you have viable grounds for a legal claim.
Most personal injury lawyers offer free, no-obligation consultations. You can learn about your legal rights and ask questions about the personal injury claims process without any obligation to take further action.
Because we work on a contingency fee, we can begin working on your case immediately at no upfront cost to you. We are paid when you receive a settlement or court award.
Claim Investigation
Once you hire an attorney, they will begin investigating your claim. They may ask you questions about the accident, your injuries, and any evidence you have. They may also review accident reports and interview witnesses. Your attorney may request medical records and other documents to help establish your claim.
Filing an Insurance Claim
Many personal injury cases are resolved by filing a claim with the insurance company that covers the defendant’s negligence. For example, if you were injured in a car accident, your lawyer might file a claim with the at-fault driver’s liability insurance provider. If the accident was a slip and fall, your lawyer might file a claim with the store’s liability insurance carrier.
After filing a claim with the at-fault party’s insurance company, the company will assign an insurance adjuster to investigate the case, determine if insurance coverage applied at the time of the accident, and negotiate a settlement if the claim is approved.
Your personal injury lawyer can prepare a demand letter stating why the insured was responsible for the accident and the damages you sustained as a result. The demand letter addresses how much compensation you will accept to drop the case.
Negotiations
The insurance company may respond to the demand letter by offering a lower amount of compensation. Your attorney may respond in kind by demanding more compensation. This process may continue for a few months, with both parties arguing for different amounts of money. If your case settles, you will receive a settlement check after deductions and attorney’s fees have been accounted for.
Filing a Personal Injury Lawsuit
Many cases end with a settlement with the insurance company or defendant. However, a personal injury lawsuit may be necessary if the insurance company denies your claim or refuses to offer a fair settlement. Georgia law requires that personal injury lawsuits be filed within two years of the accident date.
You can begin a lawsuit by filing a complaint with the court clerk in the county where the incident occurred or that has personal jurisdiction. You must also file a summons that explains to the defendant that a lawsuit has been filed against them and gives them instructions on how to file a response. The defendant must be served with the complaint.
Discovery
At this point, both sides will begin preparing for trial. A significant step in this process is discovery, in which the parties gather information about the other’s legal claims and defenses. They may use various tools, such as:
- Requests for the production of documents
- Requests for admissions
- Interrogatories
- Subpoenas
- Depositions
An experienced personal injury lawyer can explain which tools are best targeted for your case and how they can help.
Trial
You and the other party may continue negotiations and try to reach a settlement during litigation. If your case settles, your lawyer will ask for your court case to be dismissed. If it does not, your case will proceed to trial.
At trial, your lawyer will give an opening statement, followed by the defense attorney’s opening statement. Then, your lawyer will call witnesses to the stand and present evidence. The defense attorney will then present their case. Your lawyer will cross-examine witnesses and challenge evidence. Both attorneys will give closing statements. At the conclusion of the trial, the judge or jury will render a verdict.
Contact Our Personal Injury Attorneys Today For A Free Case Consultation
If someone else’s negligence harmed you, you can seek compensation for your medical expenses, lost wages, property damage, and other losses. Mark Casto Personal Injury Law Firm can help with all the steps described above. Contact us today at (706) 940-4030 for your free consultation to begin the path to financial recovery.
