Personal injury involves more than just physical wounds; it may lead to emotional trauma, long-term health complications, and financial losses. Understandably, you want to learn about the legal process so you can earn your deserved settlement.
What Is a Personal Injury Case?
A personal injury lawsuit is a lawsuit filed by a person who has been injured by another person’s actions or inactions when the person being sued has legal responsibility for that harm under tort law. The most common types of personal injury cases are:
Motor vehicle accident cases: When a driver or passenger is harmed by a negligent driver’s misconduct
Medical malpractice lawsuits: When a patient is harmed by the action or inactions of a doctor, nurse, pharmacist, or any other health care professional
Product liability lawsuits: When a person is harmed by a defective or poorly designed product due to the manufacturer’s, seller’s, and/or designer’s negligence.
Every personal injury case is unique, but they tend to follow these three major steps: gathering evidence, a demand letter and negotiations, and deciding whether to file a lawsuit.
Below we will walk through the basics of what these steps may look like for your case. Keep in mind that this is a comprehensive overview since every personal injury claim is so different. If you want to receive personalized legal advice about your unique case, we recommend following up with an attorney.
Gathering Evidence
The first part of the legal process is investigating your personal injury claim. Depending on what kind of accident caused your injury, this may be very simple or complicated.
First, there needs to be some proof of the accident. No matter the type of accident, having a nearby surveillance camera is always a great asset.
If you were in a car accident, the easiest way to gather evidence to prove negligence is by getting a police report. If your injury happens at a business, you should speak to management about having a report made.
Any pictures you can get will also be beneficial. This can include photos that show the cause of your injuries. For example, this could be a picture of faulty steps, damaged vehicles, or damaged equipment.
Medical Treatment
For a personal injury case, medical records and treatment are essential sources of evidence. Insurance companies and judges will not just take you on your word that you are injured.
Going to treatment and having medical records is proof to show you are injured and how. Attorneys will be able to help you determine the best steps to take during your treatment for optimal case results!
Demand Letters
Once you have gathered the necessary evidence, your attorney will send a demand letter (or package, depending on your attorney’s choice of terminology).
A demand letter informs the insurance company that you are ready to begin negotiations. The letter will include a starting point for discussing settlement.
It is best to speak with your attorney to understand the expectations for your settlement and determine the initial demand. Remember, this number is just the beginning of the negotiations, and your actual settlement is likely to be a different number entirely depending on your case.
Once the demand letter is sent, the lawyer will await a response from the insurance company, which may counter the initial demand with a lower offer. During this time, a car accident lawyer can help you understand each offer, assess the strength of your case, and decide when to accept or continue negotiating.
Negotiations
Negotiating is essential for settling your claim quickly and effectively. After your demand letter is sent, negotiations will continue throughout the legal process.
Even if you go to litigation, negotiations do not stop. As soon as your attorney can reach a compromise, you can settle your case!
Filing a Lawsuit
There are usually two reasons you may need to file a lawsuit:
1. Negotiations Are Going Nowhere
Sometimes there is simply a huge gap between what you think your claim is worth and what insurance companies are willing to pay. If negotiations have reached a dead end, it’s probably time to call in the big guns: a lawsuit.
2. Statute of Limitations
The statute of limitations for personal injury cases vary by state. Generally, the timeframe is one to two years from the date of the accident.
If you do not file a lawsuit by this date, your claim will be thrown out. Even if negotiations are going well, you may need to file a lawsuit to preserve your case.
Final Thoughts
Understanding the three basic steps to the personal injury legal process will help you see where your case stands. The length of time for each step will depend on your case. However, as long as you gather the necessary evidence, follow through with negotiations, and file a lawsuit when necessary, you will be well on your way to the settlement you need.
