The personal injury process may begin with an insurance claim or a lawsuit. Many settle during negotiation or mediation, but some go to trial. The Bureau of Justice Statistics (BJS) notes that 90% of tort trials involve personal injury cases. These include medical malpractice, slip and falls, motor vehicle accidents, and product liability cases.
Unintentional injuries, deaths, and accidents are common in the U.S., according to the Centers for Disease Control and Prevention (CDC). Additionally, the effects of the injuries and damages are pretty costly. To help victims of such accidents deal with the impact and financial burden, they can file a claim or a lawsuit to pursue damages.
The Process of a Personal Injury Case
You have the right to legal representation even if you are beginning your personal injury case with an insurance claim. A lawyer from our firm can handle the process of a claim or lawsuit, which may include:
- Investigating the case and gathering evidence
- Valuing the victim’s losses
- Filing a claim
- Negotiating a settlement
- Filing a lawsuit
- Arguing your case in a trial
Investigating Your Case and Valuing Your Losses
A lawyer from our firm can determine who bears the fault for your injuries and gather evidence of negligence. We may consult expert witnesses, secure photos from the scene of the accident, and interview eyewitnesses.
We can consider both economic and non-economic losses, as well as accident-related expenses you may incur in the future. We can look at your medical records and wage statements when calculating your damages.
Send a Demand Letter and Negotiating a Settlement
We can file a claim with the at-fault insurance company and send a demand letter.
The demand letter includes pertinent details to your case, such as:
- Why the insurance company is liable
- A summary of the injuries
- The medical treatment and the cost
- Lost income because of taking time off work
- Non-economic damages
After sending the letter, the insurance company will review the claim and decide whether to pay. In some cases, they may make another offer or completely deny the claim. Insurance companies often deny claims for many reasons, including if they feel that the victim was at fault, the claim lacks enough evidence, or the injuries are not a result of the accident.
File a Complaint
If the insurance company refuses to pay or does not make a fair offer, the next step is to file a complaint and take the case to court. The complaint serves as an official notice to the court of the defendant’s intention to file a lawsuit.
The complaint will include:
- The parties involved
- The court’s jurisdiction over the case
- The victim’s legal claims
- Evidence and facts to support the claims
- A demand for judgment, which also states how much the defendant is offering
Your attorney will then serve the complaint to the defendant. After the defendant receives the notice that the plaintiff has filed a lawsuit, they’ll respond to the complaint. Should they fail to respond, the court will award judgment in favor of the plaintiff. However, if they respond, the case will proceed with hearings as usual.
Handle the Discovery Process and Arguing in a Trial
After the defendant responds to the claim, the case will undergo a discovery process. Both teams will gather and present evidence questions to the parties involved and speak to witnesses during this process. The attorneys will collect reports, medical bills, and other information to quantify the amount in question. This process also gives both parties one more chance to settle the case.
Both parties can file motions to delay the case to allow further investigation, dismiss it, or ask for a judgment. Once the case is in court, the judge and jury will listen to both sides and award.
Call The Law Offices of Anidjar & Levine for a Free Case Review
We can explain the process of a personal injury case in more detail during a free consultation. The Law Offices of Anidjar & Levine can help you file a claim or lawsuit to pursue fair compensation.
Our legal team can handle all the steps of your personal injury case while you concentrate on your recovery. Contact us at 1-800-747-3733 for a free case review.
