What Are the Stages of a Personal Injury Claim?

Before hiring an attorney to represent you in court, you should evaluate them to see if they're qualified enough to handle your case. Additionally, you should inquire about their level of experience. 

Next, look into their case results and decide if you like what you see. For example, at Morgan & Morgan, we have helped our clients recover over $20 billion worth of compensation in the three decades we have been in the industry.  

Be cautious of attorneys that promise to get you any settlement because a settlement doesn't always mean that you've won the case. Sometimes when you agree to an insurance settlement, the insurance company may downplay your injury and offer compensation that's less than what you deserve. 

Morgan & Morgan attorneys don't settle for anything less than what you deserve. And if the insurance company won't agree to pay what you are entitled to, we will take the case to court. 

The time it takes for a lawyer to evaluate your case also matters when selecting an attorney. Lawyers who make quick promises about getting you a certain amount as compensation without looking into all details of the case may not be up to the task. On the other hand, good lawyers take time to review your case in detail before telling you the way forward.

After finding a good lawyer who's ready to take on your case, you can go on and discuss the legal fees involved. For instance, at Morgan & Morgan, we charge our clients a contingency fee which means you won't pay us anything unless you win the case or get a settlement. With us, you don't have to worry about hidden fees; we are honest from the moment we begin working with you to the end of the case. 

After hiring a lawyer, they will begin investigating your case to fully understand the finer details and the value of your claim. The next thing they will do is contact the insurance company or the attorney representing the defendant. 

In the meantime, your primary focus should be on recovery. Your attorney will brief you on the progress of the negotiations and inform you of any significant developments you need to know about. 

Most personal injury cases resolve before the case goes to trial. If the insurance company makes a reasonable settlement offer, your lawyer will advise you on whether to accept the offer or not. While the lawyer's arguments will be based on their professional opinion, your decision plays a huge role at this point.

If the insurance company fails to provide any settlement offer and the negotiations fail, your attorney will file a personal injury claim in court. Alternatively, if the insurance company makes an offer, but it's less than what your case is worth, you can reject it and instruct your lawyer to file a personal injury lawsuit in court. 

Either way, Morgan & Morgan attorneys are always ready to represent you in and out of court.

There are three steps involved when filing a personal injury lawsuit. They include:

Complaint and Answer

In this stage, your attorney will file a complaint outlining your allegations against the defendant. The defendant will then be served with the complaint and given a chance to accept or deny the allegations by filing an answer form to the court.

Discovery

If the defendant files an answer to the court denying the allegations, the attorneys on both sides will then prepare the evidence that supports their client. Evidence may be testimonies, documentation, and other information vital to the case. 

Motions

The law allows the defendant to file a motion to dismiss your claim. This is done to ensure that both sides receive a fair hearing. Your attorney will then have to respond to the defendant's motion appropriately.

Mediation

It's mandatory in some states for both parties to try and resolve the matter via mediation. 

Mediation is an informal settlement meeting attended by all parties involved in a lawsuit. Lawyers then choose a mediator from both parties to help settle the matter before it proceeds to trial.

A pretrial conference is then held if both parties involved fail to settle the matter via mediation.

Pretrial Conference

The judge, attorneys from both sides, the plaintiff, and the defendant usually meet in a pretrial conference to clarify specific legal matters before the trial. This conference provides a platform for both parties to eliminate unnecessary issues from being raised during the trial. It also gives both parties a chance to file pretrial motions.

Issues discussed during the pretrial conference include:

• Simplification of the legal issues involved;
• Elimination of frivolous claims or defenses;
• Identification of documents that will be part of the evidence;
• Identification of witnesses;
• Creation of a timetable indicating when both parties should submit motions and briefs;
• Rulings on already submitted motions;
• Determination of whether an out-of-court settlement is still possible.

If all parties agree that an out-of-court settlement is still possible, the case will not go to trial.

The pretrial conference also gives room for both parties to raise additional issues. If this happens, either party is at liberty to file another motion in response or request another pretrial conference. 

Trial

If an out-of-court settlement is not possible, the case will go to trial. During trial, the judge will examine the evidence presented by your lawyer and decide if the defendant is legally liable for your injuries. If the judge finds the defendant liable, the judge will have to determine the extent of liability. 

There are usually six stages of a personal injury trial as discussed below: 

Choosing a Jury

Some personal injury cases are tried before a judge, while others before a jury. If your case is to be tried before a jury, the judge and both parties' attorneys will need to select jurors.   

Opening Statements

Both parties' attorneys are required to give opening statements. Your attorney will present facts of the incident and explain the defendant's role in causing your injuries. On the other hand, the defendant's attorney will outline the defenses to the allegations made.

Witness Testimony and Cross-Examination

At this stage, each party will present evidence to the court supporting their side of the story. Both parties will call upon witnesses to testify and introduce physical evidence such as photographs and medical reports to prove their case. 

The opposing party will then be given a chance to challenge the presented evidence and cross-examine the other party's witnesses. 

After both parties have argued their case, presented their witnesses and evidence to the judge or jury, no new evidence will be admissible to the court.

Closing Arguments

In this stage, both parties' attorneys will sum up the case and attempt to prove their point to the court. 

Jury Instruction

If the case is tried before a jury, the judge has to present to the jury a set of legal standards they need to follow to determine whether the defendant should be held accountable.

Jury Deliberation and Verdict

In this stage, the jury enters deliberation and decides if the defendant should be held accountable. If the jury decides that the defendant should be held accountable, they'll discuss the compensation you ought to receive for your injuries.

On the other hand, if the defendant is not found liable, the case will be dismissed.

Note that the lawsuit process can take months or even years, depending on the complexity of your case and the state where you reside. 

When it comes to filing a personal injury claim, the process is never straightforward. What starts as a standard claim could easily escalate into a lawsuit, requiring a lot of legal expertise. That's where Morgan & Morgan's army of attorneys come in to help you get the compensation you are entitled to.

Our law firm, the largest in the United States, boasts over 1,000 attorneys strategically situated nationwide. We've handled different kinds of personal injury cases for over 35 years! For this reason, you can always count on our experience, legal resources, and reputation in this field to prove you with the best legal representation anywhere in the United States! 

Call us today at 888-285-2886 to send us a message online for a free case evaluation!