The Legal Process After a Personal Injury and How to Navigate It

Your life can change in a blink of an eye after an injury. Everything is smooth sailing until one unfortunate event hits you hard; a car accident, a slip and fall, or other related injuries are the most common events that suddenly change how you function as a human being.

Amidst piles of hospital bills and frustration of being tied to a bed or a wheelchair for long-term, no one wants to think about the legal processes that they need to consider after the misfortune. This is a natural reaction, we all have been there at some point in time. But the problem here is that without having the complete overview of the legal process, the injured victims are in fact leaving money on the table, money that they ultimately require for their restoration.

The important thing is that this doesn’t have to be the case. It is true that the laws of personal injury can be complicated, there are ups and downs along the way. But with the correct approach, mindset, and hiring the best legal representative, the victim can at least ensure that they can take it easy while their case is ongoing.

In this article, you will be given a complete look into the details of the legal process of a personal injury.

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What you’ll Learn

• What Is Personal Injury Law?
• Key Steps In The Legal Process
• Why Legal Representation Matters
• Common Mistakes To Avoid

What Is Personal Injury Law?

Personal injury laws are the laws that are designed to protect people from being harmed because of another individual or organization’s negligence.

In other words, imagine a scenario where a drunk driver hits you or a property owner that keeps their sidewalks damaged. Both of the instances are leading to accidents where an innocent party can be severely harmed. The right to file a personal injury claim is designed to give victims the means to be compensated for their loss.

The compensations may include:

• Medical expenses
• Missed wages due to disability
• Pain and sufferings
• Long-term effects of a disability

The legal system makes sure that the victims are compensated to their fullest, hence they can recover from their injuries. One of the most important aspect of this recovery process is getting the best possible legal representation. Experienced injury representation in this case matters as it can help with the victim’s case.

Key Steps In The Legal Process

One of the major issues of going through the legal process is the feeling of being anxious and stressed at the start. When you at least have an idea of the course of the action that is required by the law then a lot of the uneasiness can be tackled.

Majority of the personal injury claims do follow a certain pattern from the beginning to the end.

Let’s take a look at these steps:

Step 1: See a Doctor

This step is considered as one of the most important and one that is not negotiable under any circumstances. The medical reports become the best source of any personal injury claim. If you don’t have the medical proof of your injury then the building of the case of the victim is almost impossible.

Visit your doctor after your accident, no matter if the injury is small or is big. This is because some of the injuries may not be noticed right away, it may take a couple of days or weeks to be fully visible.

Step 2: Gather Documentation

Another important aspect of the legal process of personal injury cases is evidence. Evidences that win the cases are required to be collected. The following are the basic items that one should collect and save the related documentation:

• Accident photos and videos.
• Witnesses contact details.
• Contact with the police department and your reports.
• Medical bills and reports.
• Communication with the insurance.

The more the evidences that are collected, the better the case is going to be towards the end.

Step 3: Consult A Personal Injury Attorney

This is where the things start to get a bit interesting, as per the study by Clio, “Approximately 95% of all personal injury lawsuits settle before reaching trial.”

This means that the trial process is required to be done only in a very small percentage of cases. However, this does not mean that the legal representation is not going to have an impact on the result.

The attorneys that are specialized in the case of personal injury are the ones who know the trick of negotiating with the insurance agencies that have trained people on the skills of minimizing the claim.

Step 4: Investigation and Case Building

This is where the real work begins. In this stage of the process, the following things will be done:

• Hiring the professional attorney and transferring all the medical records along with the medical bills to them.
• Attorney will be in touch with the witnesses and will be conducting interview with them, also he/she will be in contact with the medical examiner to have a conversation on the aspect of your disability and it long term affects.
• Attorney will be calculating your total damages and prepare the demand letter in that way.

The case building is a process that takes time, if you try to rush through it, then you will be lowering the chances of a higher settlement.

Step 5: Negotiation and Settlement

The cases usually take this route for a settlement. The attorney will send the demand to the insurance company and will begin a back and forth discussion. If you have a strong point on your evidence and a well-negotiated tactic, then there is a high possibility that you are going to get a fair settlement.

In case the insurance agency is not willing to provide a proper settlement, then the personal injury lawsuit will take the process of litigation.

Step 6: Trial

Not many cases go to trial, in case if your case does get to that far, then it is absolutely necessary that the attorney that you have hired is ready for the court.

Trial will involve putting the evidence and witness in front of the court for review by the judge or jury. It is a complicated process in and out itself, that is the exact reason why an experienced attorney matters.

Why Legal Representation Matters

The question that usually comes in the victim’s mind is whether they actually need an attorney to back their personal injury case or not.

The reality is that based on the research by Nolo, “Approximately 91% of claimants with attorneys get a settlement payout whereas only about 51% of the claimants who go unrepresented are paid”.

The difference here is humongous, the insurance companies know when they are dealing with the victim that is not getting an attorney to fight their case. They also know that the victims are not aware about the real value of the case that they are having and the tactics that are involved in the legal process.

An experienced personal injury attorney levels the playing field by:

• Accurately valuing the claim based on all damages
• Handling all communication with insurance adjusters
• Meeting critical deadlines and filing requirements
• Building a case of evidence-backed substance
• Negotiating aggressively for maximum compensation

Common Mistakes To Avoid

In the immediate wake of a personal injury, even the best of victims often make mistakes that hurt their case.

Giving Recorded Statements Without Legal Advice

Insurance adjusters like to ask for recorded statements early in the process. Don’t do it. Anything said during a recorded statement can and will be used against the claimant later. Get legal advice before speaking with an insurance company.

Accepting The First Settlement Offer

Expect insurance companies to make an initial offer right away. Their goal is to get claimants to take quick money and walk away. Initial offers are almost always lowball numbers. A fair settlement is only reached after negotiation and knowing the full value of the case.

Waiting Too Long To File

Every state has a statute of limitations for personal injury claims. Missing the deadline results in losing the right to compensation. If injured, don’t wait on taking action. For example, even the best injury attorney in Portland, OR might not be aware of the specific filing deadlines that apply in California, which is why choosing a lawyer who understands your state’s statute of limitations is essential.

Posting On Social Media

Insurance companies monitor claimants’ social media. A simple photo or status update can be twisted and contorted to undermine injury claims. Put a stop on all social media during the case.

Not Following Medical Advice

If medical providers recommend treatment, follow-up appointments, or medication, follow them. Insurance companies will use skipped appointments and ignored treatment as ammo to minimise injury claims.

Timeline: How Long Does The Legal Process Take?

Personal injury cases take time. Quick cases will settle in a few months. Complex cases can take over a year to resolve.

Here’s a general timeline based on process:

• Investigation phase: 1-3 months
• Negotiation phase: 2-6 months
• Litigation (if needed): 6-18 months

Patience is a virtue when it comes to legal cases. Attempting to settle quickly usually means accepting less than the case is worth.

Wrapping It Up

Injuries change lives. Dealing with the legal process after a personal injury claim doesn’t have to be another source of stress.

Armed with the knowledge of the key steps above, victims can make informed decisions and avoid common mistakes that hurt their case.

Here’s a quick recap:

• Seek medical attention and document everything
• Consult with an attorney early in the process
• Avoid mistakes that hurt your case value
• Be patient and let the legal process work

The system exists to help injured victims recover. With quality legal representation, getting the compensation deserved is much more achievable.