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What Happens If I File a Personal Injury Claim?
You’ve been injured in some way and you think someone else
might be at fault.
Let hurt.lawyer help you decide if you have a case for a claim.
The scariest part of having a major injury can be the uncertainty of what the future
holds, both physically and financially.
Knowing what’s going to happen can go a long way to easing your
worries.
1. Get medical attention for your injury immediately.
Your health is the most important thing in your life.
If you DON’T seek help, the insurance company may assume your injury was
minor.
Make sure you are hiring the right personal injury attorney.
2. Next you should find a lawyer.
• You have a couple of thousand dollars in medical bills
• You miss work for more than just a handful of days
• You broke a bone or another major injury
A good rule of thumb on whether you should pursue a
claim is if:
Ask the prospective
attorney questions, and
then choose the one that is right for you.
The 5 questions you should ask a personal injury attorney
3. Your lawyer will begin to investigate the incident.
They will interview you to get more details of what happened. Remember,
they’re on your team!
Once your lawyer has this information, they will be able to
determine if you have a case.
4. Your lawyer will reach out to
the insurance company to begin
negotiations.
They will review the insurance settlement offer to see if it is fair, based on their
experience with your type of case and injury.
This back and forth continues until a “fair” offer is presented and you and
your lawyer accept it.
Despite what you may see on television, most personal injury cases are settled before
they ever get to court.
A good lawyer will NOT settle if your injury
involves a permanent injury or impairment.
No negotiation will happen until you
have completed your medical treatment and achieved your maximum medical
improvement.
5. If a fair settlement can’t be reached, a lawsuit is filed.
Sometimes, it takes one to two years for the case to actually
go to trial.
Your lawyer will inform you of the statute of limitations for your state.
6. The case now goes through the discovery process and/or mediation.
Discovery means both
sides investigate the
other’s legal claims,
witnesses, evidence, etc.
Evidence is available to both parties in the suit, so it’s always crucial for you to tell the truth.
Once both sides have looked at the evidence and witness statements, most attorneys will attempt to
settle out of court again.
Sometimes a mediator is called in to assist in the negotiation process.
7. If there still is no settlement, then the case goes to trial.
Trials can be fast or slow, depending on the state, the
evidence, and whether it ends up rescheduled.
Hurt.lawyer can help you find an experienced personal injury attorney to help you through the
legal maze of filing a personal injury claim.