How to Use 16 Personal Injury Case Steps

Every personal injury accident case is different. Whitman Law expertise guides you through the process and achieves the balance between the complicated factors you'll face. The law on the other hand has a process that is extended, long, sometimes very difficult to process. So many cases travel sequentially ( one after the other) the steps indicated below. Many cases skip some or even many steps, but in general all cases follow, reasonably sequentially all of the steps below. If you have any questions or comments drop us a note here.

• The personal injury backdrop. A view.
• The cost to pursue a personal injury case. Get a free consultation from a personal injury expert lawyer. At home or in the hospital.
• Select the best lawyer to represent you.
• Get the Costs and damages calculated.
• Investigate the claim and know the facts better than the defense.
• Several paths come together in the pre-suit, discussion phase
• You're entering the possible settlement phase - or you're on your way to court or nearing that point.
• You're going to court.This is a claim that won't settle. What should I do?
• Now we're filing the lawsuit against the defendant(s).
• You're entering the Discovery Stage. We ask and get asked questions.
• Motion Dispositions start to slow the process - but they're necessary.
• In the Pre-Trial the Judge gets involved and trys to make a ...
• The Judge's effort didn't succeed, Now we have to perform Jury Selection.
• In court at the Trial you'll make the best case and get justice.
• Someone doesn't like the outcome and there's an Appeal.
• When does this end and is there a Conclusion?

1. Introduction

When you or someone you love has been injured you feel like your life has been flipped upside down. You confront serious and complex medical, legal, job, money, and family issues. The facts surrounding each legal claim are unique. As each case is different, it is impossible to know the length of time necessary to see a case to resolution or the nature of the resolution. However, there are certain things that you can generally expect to occur if we pursue an injury claim on your behalf.

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We have provided free legal consultations since we began representing clients many years ago. Of course every case is different. During your free legal consultation, we examine the unique facts regarding your case. We look at your case from every angle. The information that you provide or that we may ask about includes:

• When, where, and how did the accident happen?
• What injuries did you or your loved one suffer?
• We consider all other facts that might impact the success of your case and listen to any other information that you think is important.

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As soon as you hire us as your attorney, we will mail a notice of representation to the person responsible for your injury and their insurance company. From then on, the defendant and his insurance company are prohibited from contacting you directly and you won’t need to respond to or send any correspondence. We will handle all of the paperwork.

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We will have you sign a number of authorizations when you first retain our services, including medical record, wage verification and income tax authorizations. We collect evidence from third parties and evaluate medical bills, any lost wage information, and property damage, if any, related to the claim.

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A careful investigation of personal injury cases is absolutely critical. We thoroughly and carefully investigate each case. Our determination process usually involves several important steps. We begin by obtaining police reports, accident reports, witness statements, and photographs. We may retain experts to help us present your case effectively. These experts may be necessary to reconstruct an auto accident, identify building code violations, or determine if a produce was defective.

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During the pre-suit process, we work to assemble materials related to your case including medical records and other information about your injury. During this phase of the case the focus shifts from assessing the viability of the case to managing the case to maximize value. Typically, our clients continue to receive medical treatment after an accident. During the pre-suit process, we work hard to maintain the most up-to-date medical, injury and work related information. You should never hesitate to contact us for any reason. Remember, we work for you. At this point we can begin negotiating a settlement. If everyone finds the offer satisfactory, the case settles, although cases rarely settle at this early stage. In many circumstances we will have to file a lawsuit before the insurance company is willing to talk seriously about a reasonable settlement.

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When a claim settles, waivers are signed. You receive your money after we are reimbursed and any filing or processing fees that were advanced on your behalf are deducted.

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Sometimes, for any number of reasons, a claim cannot be settled through negotiation. In these cases we will file a lawsuit on your behalf.

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Typically, we will file a lawsuit in the county where the injury occurred. Each state has its own statutes of limitations—laws that limit the time during which you can file a lawsuit. There are also special limitations that apply to certain types of cases, such as claims against the government. We will tell you which limitations periods apply to your case. Once we file the suit, we must arrange for a summons to be served on the defendant, as every state requires that the defendant receive notice of the complaint and be given an opportunity to respond to the allegations. The defendant generally has 30 days to respond. If the defense fails to respond, we can bring a motion for default judgment, requesting that the court enter a judgment against the defendant for failing to respond to the allegations.

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Both parties are granted the opportunity to conduct an investigation regarding the facts of the case. The investigation process is called discovery and both parties can ask written questions of the other party (interrogatories) or obtain oral testimony from the other party or a third party (depositions). Effective discovery can lead to a faster and more lucrative recovery for you. Discovery is also a very crucial aspect of a case going to trial, as it is our opportunity to gather evidence that supports your claim. We really make a difference in supporting your case by using our years of experience to a build a strong case for you.

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Before a case proceeds to trial, in most cases, each party will bring a series of motions to both dispose of the case prior to trial or to set the rules for trial. For instance, many times, the defendant will bring a motion for summary judgment, alleging that, after discovery, there are no more issues of fact to be determined by the jury, and based on the facts of the case, there is no way the plaintiff could prove his case at trial, and so the case should be dismissed by the court. Courts are generally reluctant to take a case out of the hands of the jury so these motions are rarely granted. The parties may also bring pre-trial motions to set the “rules” for the trial. For instance, a motion may be brought by one of the parties asking the court to exclude certain evidence from being introduced at trial on the basis that it might unfairly prejudice the jury’s decision without having substantial value to deciding the case. Motion practice can drag on for a few months but is absolutely necessary to the judicial process.

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In a pre-trial, the judge will meet with both parties, review the evidence that will be presented and often the court will recommend a settlement amount or will appoint a neutral third party who attempts to resolve the case or narrow the issues that will be heard at trial. In many states, smaller claims are subject to mandatory arbitration before going to trial.

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Before the trial starts, both parties will engage in jury selection. Jury selection is a process by which both parties’ attorneys are given an opportunity to question potential jurors to identify biases that might impact a juror’s ability to make a fair judgment about the facts of the case. Over time, this process has become more and more sophisticated. In some large cases, we may even hire consultants who are experts in human behavior to make recommendations to us about which jurors to accept and which jurors to object. We are truly highly experienced and skilled at jury selection. Which jurors hear your case will have a direct impact on your case.

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When all else fails, and the parties cannot reach a settlement, the case goes to trial. In these instances, our clients benefit from the substantial trial experience and financial resources of our firm. The majority of our claims are settled during the pre-suit process without ever having to file a lawsuit. We attempt to negotiate with the insurance company or companies involved and reach a satisfactory settlement. If we cannot negotiate an acceptable settlement without a lawsuit, then litigation will be initiated. Getting a court date can sometimes be a challenge due to overcrowded dockets. In many jurisdictions, you may not proceed to trial for two to five years. The trial process is time consuming and expensive. Only a very small percentage of cases go to trial and even fewer go to verdict.

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If either side is unhappy with the verdict, they may petition the court to file an appeal with the Court of Appeals. This is a long, expensive and arduous process and very few decisions are over-turned by the appeals court.

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At the conclusion of your claim, our goal is to have exceeded your expectations in both service and justice. We will work tirelessly to accomplish this goal. After a settlement or verdict, the disbursement process concludes our work. This process typically involves receiving a check from the insurance company, reviewing and approving the release if necessary, and then delivering a check to you speedily.

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