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Personal Injury Claim Overview And Process

Personal injury case with money, legal papers

Every personal injury case is unique. There are several kinds of personal injuries that people can experience, so the process of filing a claim can vary. For the most part, the process usually results in a specific timeline of documentation, meeting with the responsible party, and determining a settlement. There is much more in between. Understanding what could happen in a personal injury claim, you can go in prepared with a lawyer by your side. We provide a brief look at how the process of filing a personal injury claim works. 

Seeking Medical Attention

The first and most immediate thing you should do after having been in a personal injury case is finding medical attention, even if you have experienced minor injuries and damages. Although you may feel fine after an accident, symptoms could arise later on, which is why you should get examined right away. Needless to say, having these documents will work to your advantage throughout the case. 

Consulting with a Personal Injury Lawyer 

Of course, you can always settle a minor personal injury alone, but you risk the ability to receive the settlement you are looking for when you do that. A lawyer’s power, specifically one who specializes in personal injury law, does not compare. There may be specific requirements you may not be aware of, so a lawyer is the perfect support system that can carry you through a case, no matter how difficult it can get. 

Filing Court Documents 

Once you have found an attorney, the case is initiated by filing all the necessary documents. Documents will include medical records and a complaint. A defendant will respond to the complaint, which could go one of two ways. The defendant could admit fault or fight the complaint. Usually, when a defendant is held liable, the process is much smoother, but negotiation is a necessary tactic when a defendant fights the claim. 

Discovering Evidence

As the initial documents are shared, both of the parties will analyze all evidence provided. During this step in the process, you and your lawyer can send a list of questions to the defendant regarding the nature of the provided evidence. Both the plaintiff and the defendant can take sworn statements. A lawyer may get in touch with a traffic and medical expert to clear up the terminology. 

Determining Who is Held Responsible For Personal Injury

Once you and your lawyer look through evidence, insurers can help determine who is responsible for the injury based on the facts. This part of the process is supposed to help when a hearing is held. The word that an insurer provides may not always be completely accurate, especially in your case. Still, you can always dispute the evidence and provide a substantial explanation as to why. 

Motions and Hearings

This is what happens before a case goes to trial if deemed necessary. This is usually where both the defendant and plaintiff can present their evidence again to argue their case once more. A personal injury lawyer will work to make sure that it does not have to go to trial. If it does, it can become harder to settle. This is also where a defendant can motion to dismiss the lawsuit based on a lack of adequate evidence if that is the case. 

Settlement and Negotiations 

A settlement can be reached in these pre-trial motions and hearings simply to keep the case from reaching trial. If a settlement is reached, this is where the defendant agrees to pay compensation, and the plaintiff can release the defendant from liability. If the compensation does not meet the plaintiff’s needs, they can take advantage of this time to negotiate and demand more compensation. 

Personal Injury Post-Trial Appeals 

Lastly, if either the defendant or plaintiff is not satisfied with the results of the case, either party can motion to revisit judgment. Or they could reduce the amount of damages that is being awarded by a jury. The defendant can also pursue an appeal. Then this involves a higher court to determine if there were any mistakes made during the claim. 

Choose Aranda Law to Help You Navigate Your Personal Injury Case 

Don’t know how or where to start? We understand the difficulties that come with these cases. Luckily, you don’t have to go through the process alone. You can contact Aranda Law Firm today to assist you, as we specialize in personal injury cases.  

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