Navigating the legal process can feel overwhelming when you’ve been injured due to someone else’s negligence. Therefore, understanding the personal injury case timeline is crucial to filing timely claims, determining expectations, and reaching a favorable resolution.

Personal Injury Case Timeline: 10 Steps to Know

Pursue fair compensation and never miss an opportunity to seek justice. Here is what you need to know.

Step One: Seek Medical Attention

Seek medical attention immediately after an injurious incident. Doing so is critical to your health and can also provide much-needed documentation for building a strong case. Your medical records, diagnosis, and treatment plan will serve as evidence to support your claim for damages.

Step Two: Hire a Personal Injury Attorney

Next, work with an attorney who understands the complexities of the personal injury case timeline. Discuss your case during the initial consultation. Then, review potential legal strategies and determine if moving forward with a claim is right for you.

Step Three: Investigate and Collect Evidence

Your personal injury attorney will collect evidence related to the accident, which may include:

• Accident and police reports
• Witness statements
• Medical records
• Photographs or videos

During this step, attorneys consult experts, specialists, and other professionals to strengthen your case. Contact Herren Adams for more information.

Step Four: File a Personal Injury Claim

After your attorney gathers sufficient evidence, they will file a personal injury claim on your behalf with the at-fault party’s insurance company. This formal request for compensation outlines the extent of your injuries, the damages you’ve incurred, and the compensation you seek.

The insurance company will assign an adjuster to your case who will investigate the claim and may request additional information. Be aware that the initial offer from the insurance adjuster is often lower than what your case may be worth.

Step Five: Negotiate a Settlement

Negotiations determine whether your personal injury case can be resolved without going to court. Your attorney will communicate with the insurance company to negotiate a fair settlement based on your injuries, financial losses, and emotional suffering.

While many cases are resolved during negotiations, the insurance company may refuse a fair settlement in some instances. If negotiations reach a standstill, proceeding to trial may be the best option to secure the compensation you deserve.

Step Six: File a Lawsuit

If a settlement cannot be reached, an aggressive attorney can file a lawsuit to take the case to court. Filing a lawsuit initiates the formal legal process, and from this point forward, your personal injury claim will be processed through various pre-trial stages, including:

• Complaint
• Service of Process
• Defendant’s Response  

Filing a personal injury lawsuit doesn’t mean you will go to trial. Many cases settle out of court, even after a lawsuit is filed.

Step Seven: Enter the Discovery Phase

Both sides will exchange evidence and gather information to build their cases. This process can include dispositions, interrogations, requests for production, and other essential discovery tasks. This is often the most time-consuming part of the personal injury case timeline.

Step Eight: Conduct Mediation and Settlement Talks

Many courts encourage mediation to resolve civil disputes without a trial. Mediation involves both parties meeting with a neutral mediator who facilitates settlement discussions. Mediation allows each side to express their concerns and goals and allows them to reach an agreement without the expense and commitment of a trial.

Step Nine: Go to Trial

If mediation is successful, a settlement agreement is reached, and your case is resolved. If not, it will be presented before a judge or jury. Both sides will present evidence during the trial, call witnesses, and make arguments. In terms of the personal injury case timeline, a trial may take anywhere from a few days to several weeks, depending on the case’s complexity and number of witnesses.

Step Ten: Receive Judgment/Collect the Settlement

If your case ends with a settlement or court judgment, the final stage of the personal injury case timeline is collecting the awarded compensation. This process may involve working with the defendant’s insurance company or the court system to ensure payment is made.

Once the compensation is received, it will typically be distributed to cover medical bills, legal fees, and other expenses before the remaining amount is provided to you. Your attorney will manage this process to guarantee all fees and costs are handled and distributed appropriately.

Conclusion

Determining a personal injury case timeline means understanding the complexities of the legal system and working with a skilled personal injury attorney to navigate the process. Each step requires careful attention to detail and strategic planning to ensure the best possible outcome and maximum compensation.

If you’re considering filing a claim, contact Herren Adams today for a comprehensive consultation.