What Are the Steps in A Personal Injury Case?

After an accident, your first and top priority should be to seek medical attention. Conditions such as whiplash or internal injuries might not present symptoms right away but can cause significant issues in the days or weeks following the accident. Additionally, your medical records will serve as vital evidence supporting your personal injury case and your pursuit of the compensation you deserve.
 
Beyond seeking medical attention, it’s important to start gathering evidence at the accident scene if you’re able. Take photos of the vehicles involved, any visible injuries, and the surrounding area. Collect contact information from witnesses and, if possible, obtain a copy of the police report. These steps will help you build a strong case and demonstrate the full extent of the damages you’ve suffered.
 
It may seem tempting to handle the claim yourself, but seeking legal representation can make a substantial difference in the success of your claim. Insurance companies often try to minimize settlements or dismiss claims altogether. A personal injury attorney will guide you through the process, negotiate on your behalf, and help you seek the maximum compensation you’re entitled to for your medical bills, lost wages, and other related expenses.
 

Step 2: Pre-Litigation Phase

The pre-litigation phase is the period where both parties attempt to reach a settlement before filing a formal lawsuit. During this stage, your attorney will conduct a thorough investigation to determine liability and gather the necessary evidence to build a strong case, all while working toward a fair resolution.
 

Investigate the Claim

In the investigation phase, your personal injury attorney will work to collect critical evidence to strengthen your case. This includes obtaining medical records, witness statements, accident reports, and bills related to your injury. They may also consult with expert witnesses to provide further support. Gathering this evidence is essential for building a strong case, whether for settlement negotiations or, if necessary, when filing a personal injury lawsuit.
 

File a Demand Letter

A demand letter, written by your attorney on your behalf, is a formal document sent to the at-fault party’s insurance company. This letter outlines:

• The details of the accident
• The injuries, property damage, and other losses you have suffered
• The defendant’s liability for these damages
• The specific amount of compensation you are seeking

Filing a demand letter begins the negotiation process, with the aim of reaching a fair settlement without going to trial.
 

Negotiate with the Insurance Company

After sending the demand letter, the insurance company typically responds with what they believe to be a fair settlement offer. Having an experienced attorney by your side during this stage is crucial, as they understand how to navigate the negotiation process to seek maximum compensation on your behalf.
 
Most personal injury cases are settled during these pre-litigation negotiations. Your attorney will evaluate any settlement offers and advise you on whether accepting them is in your best interest. Often, your attorney will continue to encourage negotiations to seek a higher settlement based on the evidence and the severity of your injuries. If the insurance company refuses to offer a fair settlement and you have substantial evidence to support your claim, your attorney may recommend rejecting all offers and filing a lawsuit to pursue the compensation you deserve in a court of law.
 

Step 3: Filing a Personal Injury Lawsuit

If negotiations fail to result in a fair settlement, your attorney will file a formal “Complaint” with the court, officially starting the litigation process. Similar to the demand letter, the Complaint outlines the accident, your injuries, and the defendant’s liability. Once the Complaint is filed, your case enters the litigation phase, which involves additional steps such as discovery, hearings, and potentially a trial if no settlement is reached beforehand. This step signals that you are prepared to take your case to court if necessary.
 

Serving the Defendant

Once the Complaint is filed, it must be formally served to the defendant(s), notifying them that a lawsuit is being pursued against them. This step ensures the defendant is aware of the claims and their obligation to respond. The defendant will then file an “Answer,” either admitting to or denying the allegations outlined in the Complaint.
 

The Defendant’s Response

In response to the Complaint, the defendant may either admit or deny the allegations. Additionally, the defendant can file a counterclaim against you. Counterclaims can either be compulsory or permissive.
 
A compulsory counterclaim is directly related to the original case and must be raised during the current trial. Otherwise, the defendant forfeits the right to pursue the compulsory claim later. Alternatively, a permissive counterclaim is unrelated to the original claim and can be filed separately at the defendant’s discretion.
 

Discovery Phase

The case enters the discovery phase once the defendant has responded to the Complaint. This critical stage allows both parties to exchange and gather key information and evidence to prepare for trial.
 
The types of “discovery” that can be obtained include:

• Depositions: Out-of-court witness testimonies given under oath that provide relevant information about the case.
• Interrogatories: Written questions that one party sends to the other, with written responses provided under oath.
• Requests for Admission: Requests for parties to admit or deny specific facts about the case, narrowing the focus of the trial.
• Requests for Production: Exchanges of important documents (such as medical records or accident reports), physical evidence, or electronic files pertinent to the case.

Often, during this phase, one party may realize their evidence is insufficient and choose to settle before proceeding to trial. If both sides decide to continue, the case moves forward to pre-trial motions.
 

Pre-Trial Motions and Hearings

Before the trial officially begins, both parties can file pre-trial motions, which are requests made to the court to influence the course or outcome of the trial. A judge decides the outcome of these motions, and some common pre-trial motions include:

• Motion to Dismiss: A request to dismiss the case due to lack of evidence or other valid reasons.
• Motion to Suppress: An attempt to prevent specific evidence or testimonies from being presented in court.
• Motion for Change in Venue: A request to move the trial to a different location to ensure a fair and impartial jury.

These motions help shape how and if the trial will proceed, and they may even resolve certain issues before the trial begins.
 

Trial (If Needed)

While most personal injury cases settle before reaching this stage, a trial may occur if no fair settlement can be reached. During the trial, your attorney will present your case before a judge or jury to prove that the defendant is responsible for your injuries and damages. Both sides will present evidence, with your attorney seeking to maximize your compensation while the defense disputes liability. After all arguments are made, the judge or jury will deliver a verdict. If the defendant is found to be liable, you will be awarded compensation based on economic, non-economic, or punitive damages.
 

Step 4: Compensation for My Personal Injury

If you are awarded compensation, the defendant or their insurance company will issue the payment, which your attorney will receive on your behalf. After deducting legal fees and any other expenses, the remaining funds will be disbursed to you. At Ashcraft & Gerel, our attorneys work on a contingency basis. This means that we only get paid if we win your case for you, and our fee is a previously agreed-upon percentage of your compensation. You don’t owe us a dime if we don’t secure compensation.
 
If the payment is delayed, your attorney may need to take further legal action, such as filing a lien or requesting that the defendant’s wages be garnished to ensure you receive the compensation you are owed. In most cases, the process runs smoothly, and you will promptly receive your settlement for medical expenses, lost wages, and other damages.