Every personal injury case is different, whether a slip-and-fall, car accident, wrongful death, or a different type of personal injury.
Even though you don’t have control over all the steps in the process of resolving your personal injury claim, understanding these steps can make the process less stressful. Not all of the steps will apply to your case, but you can generally know what to expect. Below you will find the most common steps in a personal injury claim.
Injury Occurs
Personal injury is bodily or non-bodily harm to a person. You could be injured in an accident, through medical malpractice, or by intentional acts. If an accident occurs, report the crash to the police by calling 911.
Take photographs of the accident scene to preserve evidence. Ask witnesses for their names and telephone numbers. Do not admit fault even if you think you could be partially to blame for the accident. You have been through a traumatic experience and may not have a clear understanding of what happened.
Seek Medical Treatment
It is best to see a doctor immediately after an injury or accident. Injuries may not present symptoms until hours or even days after an accident. If new symptoms appear, contact your doctor for further evaluation.
You must prove that the accident caused your injuries to recover damages in a personal injury case. Prompt medical treatment helps prove your case. Insurance companies use delays in medical care to challenge whether the accident caused your injuries.
Schedule a Free Consultation With an Attorney
A personal injury attorney will evaluate your case and explain your legal options. Understanding your rights before making decisions regarding an injury claim is important. If you hire a personal injury lawyer, you will even the playing field with the insurance company.
The insurance adjuster works for the company and is not your friend. The adjuster’s job is to protect the company from liability. If an insurance company makes a quick settlement offer, discuss the offer with an experienced accident attorney before signing any documents. Your case could be worth more money, but if you accept the offer, you will give up the right to file a lawsuit.
File an Insurance Claim
Your lawyer can file an insurance claim on your behalf.
Allowing your attorney to handle all communications with the insurance company is best, as the insurance company could allege blame and contributory fault if you make an unwise statement, which could reduce the money you receive for damages.
Gather Evidence
Your attorney will conduct an independent investigation to determine the cause of your injuries and who is responsible. They can also gather evidence to build a case for liability.
Most personal injury claims are based on negligence. You must have sufficient evidence to prove the party who caused your injury owed you a duty of care and that their actions breached that duty. You must prove that the breach of duty caused your accident, which resulted in your injuries.
Your attorney will also document your damages to determine how much your case is worth. You could be entitled to substantial future damages if you have sustained catastrophic injuries or permanent impairments. Your attorney may employ several experts to evaluate and calculate your future damages for an accurate valuation.
Prepare a Settlement Demand
A Settlement Demand Letter is an offer to settle your case for a specific amount. The letter includes:
- Identification of the parties involved in the claim
- A brief description of how the accident or injury occurred
- A discussion of the legal grounds for holding the parties liable for damages
- Discussion of your injuries
- An explanation of your economic and non-economic damages and how much they are worth
- A demand for a specific amount of damages
The insurance company may take several weeks to review the settlement offer. If it agrees with the settlement demand, your attorney will prepare the settlement agreement so you can get a check.
However, the company may make a counteroffer for a lower amount. If so, back-and-forth settlement negotiations between your attorney and the insurance company will continue until everyone agrees to a settlement amount.
If the company refuses to pay a fair amount to settle your claim or denies your claim, you can file a personal injury lawsuit to take the matter to court.
File a Personal Injury Lawsuit
A lawsuit can extend the timeline for a personal injury case by a year or longer. It depends on the complexity of the case and the court’s schedule. Steps in a personal injury lawsuit include:
- The plaintiff (i.e., the injured party) files a complaint with the St. Louis Circuit Court and serves a copy on the defendant (i.e., the alleged at-fault party).
- The defendant has a specific number of days to file an answer.
- The parties engage in discovery, which involves exchanging information and documentation. Discovery allows the parties to obtain additional evidence and evaluate the other party’s case.
- The parties may attempt to settle the case through private negotiations or engage a neutral third party to conduct mediation or arbitration.
- If a settlement is not possible, the case will go to trial. At trial, each party presents their evidence in court. A jury will then deliberate and return a verdict.
No one can predict the outcome of a trial. Jurors will make a decision based on the facts of the case and the law, as instructed by the judge.
Even if you win in court, you might not receive money. The defendant may appeal the decision to a higher court. If not, the insurance company should pay the judgment up to the policy limits. The defendant is personally liable for any amount not covered by liability insurance.
Your attorney will discuss the pros and cons of going to trial, including any problems with your case or weaknesses that could make winning more difficult. It is important to consider your chances of winning at trial and the cost of a trial versus accepting a settlement offer that will put money in your hands now.
Get Help Filing a Personal Injury Claim
If another party injures you, we want to help you recover the compensation you deserve. Call Schultz & Myers Personal Injury Lawyers to schedule a free consultation at (314) 444-4444 with a St. Louis personal injury lawyer. Hiring an attorney can ensure your case moves through the claims process as smoothly and quickly as possible.