How a Personal Injury Claim Works

The process of a personal injury claim starts when you hire a lawyer, and ends with the conclusion of your personal injury case, whether because a settlement has been reached or because the trial has concluded and judgment has been given.

Consulting with A Lawyer

When you consult with a personal injury lawyer they will ask you questions about the accident and take a number of details from you, including asking you for a medical authority so that your lawyer can request your medical records. It is common for personal injury lawyers to treat your case as though it is going to trial. This is to ensure that your attorney can put forward the most advantageous case on your behalf, even if it is simply a matter of negotiating the settlement figure. In the event that your case remains contentious and goes to trial, your attorney will be in a strong position if the case has been handled properly from the outset.

Filing a Personal Injury Claim

Personal injury claims must be brought within a specific period of time after the accident, after which they become 'statute barred' and will not succeed. The length of this strict time limit varies from state to state, but is shorter than in most other types of cases and is usually around 3 years. It is very important that you see an attorney soon after your accident, rather than waiting until just before the expiration of the statute of limitations. If there is insufficient time left before the statute of limitations expires, an attorney may not consider that they will be able to undertake the necessary pre-filing work in time and refuse to take your case. It is also worth remembering that it is better to see a lawyer while events are fresh in your mind, rather than trying to recall what happened months or years later.
Your attorney will file papers in court (a summons and a complaint) and pay the appropriate filing fee. A copy of these papers has to be served personally on the individual you intend to sue, or if you're suing a corporation, an appropriate representative of that corporation.

Discovery

Once the defendant has been made aware of the fact that they are being sued, both parties in the case begin a process of requesting documents and information from each other ('discovery.') These may include lists of questions ('interrogatories'), medical records, doctors' reports and 'depositions', which is when an attorney questions a witness under oath. As the injured party, a doctor acting for the defendant may examine you. The discovery process can take months, or even years, depending on the nature of your case and the complexities relating to it.

Negotiating a Settlement

It is during this period that each side weighs up its potential liability in relation to the case. If the defendant accepts liability for the claim it will simply be a matter of negotiating until a mutually acceptable figure can be reached. If the case has not been settled at the conclusion of discovery, it will proceed to trial.

Proceeding To Trial

The court will give directions as to any issues each party should attend to before the trial, e.g. serving documents. Each party can request trial by jury, but must pay the appropriate fee with the jury demand. Once the trial starts, the court will hear evidence from live witnesses and will also consider written documentation. After the trial concludes, judgment will be given. If the claimant has been successful, but the defendant has not paid, the claimant may take steps to enforce the judgment.