When you file a personal injury claim, it’s essential to know what to expect throughout the legal process to ensure that you get the compensation you deserve. Whether you were injured in an auto accident, slip and fall, or any other type of accident, filing a personal injury claim is the first step to getting the compensation you need for medical bills, lost wages, and pain and suffering. In this article, we’ll take a closer look at what happens after you file a personal injury claim.
Table of Contents
Evaluation by an Attorney
The first step after filing a personal injury claim is typically a consultation with an attorney. Most personal injury attorneys offer free consultations to discuss your case and determine whether you have a valid claim. During this evaluation, the attorney will ask about the incident, the injuries sustained, and any medical treatment received. The attorney may also ask for access to medical records, photos of the scene of the accident, and other relevant evidence that can help build a case.
Investigation and Gathering Evidence
After the initial consultation, your attorney will start investigating your case by gathering additional evidence. This may include speaking with witnesses, reviewing medical records, and analyzing the police report. The attorney may also seek expert opinions from medical professionals or accident reconstruction specialists to establish liability and determine the extent of damages.
Negotiations with the Insurance Company
Once the attorney has gathered enough evidence to support your case, they will typically submit a demand letter to the insurance company. The demand letter outlines the extent of your injuries, the damages sustained, and a request for compensation. At this point, negotiations between the plaintiff’s attorney and the defendant’s attorney or the insurance company will begin to reach a settlement.
Mediation or Arbitration
If the parties cannot reach an agreement, mediation or arbitration may be necessary. Mediation involves a neutral third-party mediator who assists the parties in reaching an agreement. On the other hand, arbitration is a formal hearing before an arbitrator who considers the evidence and makes a binding decision.
Trial
If mediation and arbitration are unsuccessful, the final step is a trial. The plaintiff’s attorney will present evidence, call witnesses, and argue the case before a judge or jury. The defense will also present evidence and witnesses to challenge the plaintiff’s case.
Settlement or Verdict
Regardless of the outcome of a trial, the case may be settled before or after a verdict. If a settlement is reached, the defendant or the insurance company will typically pay the agreed-upon amount to the plaintiff. If the case goes to trial, and a verdict is reached, the judge or jury will decide whether the plaintiff is entitled to compensation and the amount.
Conclusion
Filing a personal injury claim can be a lengthy and complex process that requires the help of a skilled attorney. The process usually includes an evaluation, investigation, negotiations, mediation or arbitration, trial, settlement, or a verdict. Your attorney can help guide you through the legal process and ensure that you get the compensation you deserve.