Understanding the Legal Process of Personal Injury Claims

If you’ve been injured, you may wonder about the legal process of personal injury claims. Whether you’re considering filing a lawsuit or negotiating with the at-fault party’s insurance company, knowing how it works can help you prepare and navigate the process.

During the process, you and your attorney will use legal tools like a Bill of Particulars, Requests for Admissions, Interrogatories, and Depositions to gather evidence about who is liable for your injuries. The discovery phase can take months or years to complete, depending on the complexity of your case.

Pre-Litigation

The pre-litigation process is one of the most critical steps in understanding the legal process of personal injury claims. The process is designed to prevent unnecessary legal action and resolve disputes before they escalate into lawsuits.

The process begins with formal notification by an attorney, usually in the form of a letter. This notice outlines the dispute and may request information on insurance coverage, policy limits, and other details.

A personal injury attorney near me may also investigate your claim, take statements from witnesses and gather information such as medical records. This step is essential to ensuring you get the compensation you deserve.

The process of pre-litigation can involve medications that are designed to save time and money for both parties. It can be an alternative to litigation and consists of a panel of people reviewing your case and deciding within a specific time frame. The panel will consider the evidence and witness testimony to reach a favorable conclusion for you.

Discovery

Discovery is the process of requesting and receiving information from the other party in a personal injury lawsuit. It is the key to a successful case.

The discovery process can last a long time and is costly, but gathering all the evidence proving you deserve compensation is necessary. A lawyer representing you during the discovery process is also a good idea.

During this phase, your attorney will ask for documents that can be used to prove you were injured in an accident. These can include bills for property repair, medical records, photos of the accident scene, and more.

The discovery phase of a personal injury case can be complex and last several months. Your lawyer will use the collected information to build a strong case for you and help you receive the compensation you deserve.

Trial

A trial is a court procedure when a judge or jury hears the evidence and renders a verdict on whether or not to hold the defendant liable for the plaintiff’s damages.

The trial process typically lasts a day, week or longer and can be pushed back several times to allow the parties to reach an agreement before the case goes to trial.

After filing a complaint and summons, your attorney will begin collecting evidence that supports your claim and makes the defendant liable for your injuries. These may include witness statements, photos and videos of the accident, medical records, and other relevant information.

Once the case is ready for trial, you’ll be required to attend an examination by a doctor the defendant has chosen to examine your injuries. Failing to do so can delay your case and even result in the dismissal of your lawsuit. Contact our personal injury lawyers to get help preparing for this critical step in the legal process of your New York City personal injury claim.

Settlement

Getting hurt in an accident can be a traumatic experience. Often, the accident disrupts a person’s daily life and forces them to deal with complex issues like medical bills and lost wages.

Settlements allow accident victims to recover the money they deserve from those responsible for their injuries. They can also help people deal with the emotional stress of being injured.

Settlement of personal injury suits might take months or years. The legal procedure can be drawn out and challenging, mainly if a trial is necessary.

The time it takes to resolve your case will ultimately rely on your circumstances and the magnitude of your damages. You might not have to wait as long for a reasonable settlement, for instance, if your injuries have plateaued and you’re just starting to recuperate.