What is the Personal Injury Claim Process?

An injury is never a pleasant experience. When someone else’s negligence was the cause of this injury, you’ll need to manage more than just your physical recovery. It’s important to get the compensation you deserve for your expenses, as well as pain and suffering. The personal injury claim process helps you do this. This article gives a general overview of these steps, but keep in mind that every case is different. Your attorney will walk you through the process for your specific claim and answer any questions you may have.

1. Initial Consultation

After an accident, you should call a personal injury attorney as soon as possible for an initial consultation. During this time, the lawyer will ask you about the accident that caused your injury and will provide a personalized assessment of how best to move forward. This is also an opportunity for you to ask questions and determine whether you are interested in continuing the process with the law firm you met with.

2. Gathering Evidence

Once you hire a lawyer, they will work with you to start gathering evidence related to your case. This may include photos or dashcam footage of the accident, interviews with witnesses, surveillance video from nearby stores, a police report, or any other applicable information. You’ll also need to provide documentation related to your expenses, such as medical bills.

During this time, it’s important that you cooperate with your attorney to help them build the case. Providing any requested documents or information promptly makes it easier for your lawyer to get you the compensation you deserve.

Additionally, be sure to complete your medical treatment, and follow all instructions from your doctor. If you are not complying with treatment, it can hurt your case.

3. Demand Package

After your attorney has collected information about your case, they will present this to the other party’s lawyer and/or insurance company in what is known as a demand package or settlement offer. This consists of a demand letter explaining why the opposing party is liable and what they owe to you (the plaintiff), as well as supporting evidence.

This is an opportunity for the other party to avoid a lawsuit and give you the compensation you deserve in a settlement. If they accept, the process ends here and your attorney will move forward in helping you collect the funds. If they make a counteroffer, your lawyer will discuss this with you to determine the best solution. If they decline the demand package, the claim process continues.

4. File a Lawsuit</span

If the opposing party rejects the demand package or if their counteroffer is not sufficient, your personal injury attorney will then file a lawsuit.

The steps involved in the lawsuit process include:

Discovery

This is the process before the trial when your lawyer obtains information from the opposing party and vice versa. These can include face-to-face questioning, requests for physical evidence, written questions, et cetera. Your attorney will walk you through any steps you need to take during this time.

Negotiation

Your attorney will once again attempt to negotiate with the opposing party during the trial process. While it’s important that the lawyer you chose has trial experience and is willing to go to trial if necessary, the trial process is lengthy and it’s often better to reach a settlement beforehand if possible. During negotiation, your attorney will continue to fight for your best interest.

Trial

If an appropriate settlement still cannot be reached, the case goes to trial. This means your attorney and the attorney for the opposing party will present their arguments in a court of law, and a judge or jury will determine fault and enter a judgment.

Choose an Attorney Who Will Fight For You

The process of getting the compensation you deserve after an accident is often complex, but a skilled attorney can make it easier for you. At Grabb & Durando, we have over 28 years of experience fighting for the rights of injured Tucsonans and will go to trial if necessary.

To learn more about how we can help you during the personal injury claim process, contact us today for a free consultation.

 

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