ESPANOL
Being involved in an accident that leads to a personal injury can throw your life into disarray. After an accident, you’ll likely wonder what steps you’ll need to take to seek justice and fair compensation.
Your best option will be to file a personal injury claim to pursue recovery from your financial losses, pain, and suffering. However, many factors in the personal injury case process can determine whether you have a personal injury case. These factors include, but aren’t limited to, laws around the statute of limitations specific to your claim, the location of your accident, and even your share of liability.
When you consult with an experienced personal injury attorney from George Sink, P.A. Injury Lawyers, they will help you determine if you have a valid claim. If you can pursue a claim, the personal injury case process usually follows the stages of seeking medical attention, pre-litigation, filing a personal injury lawsuit, and potentially receiving compensation.
As you continue reading, you’ll discover what to expect at each stage of the personal injury case process. If you need more information or want to get started with a free, no-obligation case review, contact our skilled and compassionate attorneys, who will provide personalized guidance on moving forward with your personal injury claim.
Stage 1: Immediately After The Accident
Your top priority after an accident should be your health and safety. You should seek medical attention immediately after an accident, even if your injuries are minor or you feel no pain. Sometimes, injuries like whiplash don’t present symptoms right away but can cause severe discomfort in the days following the accident. Beyond that, your medical records will become essential evidence to support your case and improve your chances of seeking the highest possible settlement.
Immediately after an accident, you should also:
- Gather evidence: You need substantial evidence to prove liability and the extent of your injuries. The first step in gathering the necessary evidence begins right after the accident, and it involves you taking photos of the accident scene, your injuries, and any property damage. It’s also a good idea to collect witnesses’ contact information and obtain a copy of the police report (if applicable).
- Establish Intent: Inform the at-fault party and notify their insurer of your intent to file a claim. Only provide the basic information surrounding the accident, and avoid giving detailed statements or admitting wrongdoing.
- Seek Legal Representation: You can pursue a personal injury case on your own, but the odds will be stacked against you. The at-fault party’s insurance company may try to manipulate you or offer a low-ball settlement, which is why it would be beneficial to seek the expertise of a personal injury attorney. They will help protect your interests, negotiate with insurance companies, assist in gathering evidence, and seek the maximum compensation you are entitled to.
Stage 2: Pre-Litigation
In the pre-litigation stage, which involves several steps, both sides come together to try to reach a fair agreement and avoid pursuing a formal lawsuit. During this time, your attorney will dive deeper into your case to get a clearer picture of who is liable, what caused the accident, and more.
Investigate the Claim
For the first step in the pre-litigation stage, your personal injury attorney will help you gather more evidence, such as medical bills/records, witness statements, bills detailing expenses related to the accident or your injury, accident reports, and potentially expert testimonies. This evidence will be crucial and help your case even if a settlement cannot be reached during pre-litigation.
File a Demand Letter
A demand letter (which your attorney will write on your behalf) is a formal document sent from the plaintiff (you) to the defendant’s insurance company. This letter includes:
- The details of the accident
- The injuries, property damage, and losses you sustained
- The extent to which the at-fault party is liable for your injuries and damages
- The amount of compensation you are seeking
The demand letter will open negotiations, and, again, the goal here is to agree upon a fair settlement without needing to pursue matters further in court.
Negotiations with the Insurance Company
Many personal injury cases are settled during pre-litigation negotiations with insurance companies. Having an attorney skilled at negotiating with insurance companies can greatly improve the likelihood of you reaching a fair settlement at this stage of the personal injury case process.
After the demand letter has been sent, insurance companies often offer a settlement they deem fair compensation. Evaluate this offer with your attorney before making any decisions. Sometimes, they may advise you that accepting the offer would be in your best interest. On the other hand, they may advise against accepting the offer so that they can negotiate for a higher settlement or suggest that you reject the offer and pursue a lawsuit.
Stage 3: Filing a Personal Injury Lawsuit
If a fair settlement cannot be agreed upon, your personal injury attorney will draft a formal “Complaint” and file it with the court against the liable parties. The Complaint is similar to the demand letter in that it details the accident, your injuries and damages, and it explains how the other party is at fault. However, the Complaint officially starts the litigation process, and there are several more steps you must take if you are to take your case to trial.
Serving the Defendant
The Complaint must be served to the defendant(s), informing them that you are pursuing a lawsuit and that they are obligated to respond. The defendant(s) will then have to file an “Answer,” either admitting to or denying the allegations against them.
The Defendant’s Response
Beyond admitting or denying the allegations, the defendant can file a counterclaim against you. There are compulsory or permissive counterclaims.
The defendant must raise a compulsory claim during the impending trial, or they will lose their right to sue on that basis later on. This type of counterclaim typically arises right after the defendant is served with the formal Complaint. A permissive claim is unrelated to the original claim and can be made at the defendant’s will or in a separate lawsuit.
Discovery Phase
Once the defendant has responded to the Complaint, the case moves forward to the discovery phase. This is one of the most important stages of a personal injury lawsuit, and it is when each party exchanges and gathers information and evidence from the other party in preparation for the trial.
This process enables either side to assess the strength of the other side’s case and obtain information and evidence that can strengthen their claim. The types of “discovery” that can be obtained during this time include:
- Depositions: Often, these are witness testimonies obtained out of court but under oath, which provide information relevant to the case.
- Interrogatories: These are written questions that one party sends to the other. The receiving party must answer these questions under oath and also in writing.
- Requests for Admission: This is when parties ask each other to directly admit or deny certain facts surrounding the case. This helps narrow down the focus of what needs to be proven during the trial.
- Requests for Production: This is when parties exchange crucial documents (such as medical records or accident reports), physical evidence, or electronic files relevant to the case.
During this stage of litigation, one party may find they don’t have substantial evidence to pursue matters further, and they may choose to settle the case at this point. If both parties decide to continue, litigation will proceed to pre-trial motions.
Pre-Trial Motions and Hearings
Before the trial begins, each side will have the opportunity to file pre-trial motions. Motions are official applications made to the court in order to affect the occurrence or course of a trial. Only a judge can decide the outcome of a motion, and common pre-trial motions that can be filed include:
- Motion to Dismiss: This is filed in order to convince the judge to throw out the case or dismiss a charge due to lack of evidence or other reasons.
- Motion to Suppress: This motion is filed in an attempt to keep specific pieces of evidence or certain testimonies from being used in court.
- Motion for Change in Venue: If the proposed venue for the trial has the potential to draw unwanted attention that could affect the defendant’s right to an impartial jury, a new location for the trial can be requested.
Trial (If Needed)
It is unlikely that a personal injury case will make it this far, but if a fair settlement can’t be reached at any point during litigation, your case will go to trial. This is when your attorney will present your case in court in front of a jury (if applicable) and present an argument for the maximum compensation you are entitled to.
All the evidence on both sides will be presented during the course of the trial. Your attorney’s goal will be to prove your claim and that the defendant is responsible for the accident, your injuries, and the resulting damages and expenses. The defendant’s goal will be to dispute all charges and prove that they are not liable.
Once all evidence has been presented, the judge (or jury) will come to a verdict that determines who is the winner of the trial. If the defendant is found to be liable, you will be awarded compensation based on economic, non-economic, or punitive damages.
Stage 4: Receiving Compensation
If you are awarded compensation, the insurance company or the liable party will issue payment, which your attorney will receive and disburse to you after all legal fees and medical expenses have been paid. At George Sink, P.A. Injury Lawyers, our attorneys work on a contingency fee basis, meaning our fee is a previously agreed-upon percentage of your awarded compensation. You owe us nothing if we don’t win your case and secure a settlement.
If the insurance company or defendant fails to pay your compensation within a predetermined amount of time, post-judgment collection becomes necessary. This could mean a lien is filed, wages are garnished, or assets are seized.
Navigate the Personal Injury Case Process with Confidence and Support
The personal injury case process can be complex. There are many crucial steps that you will need to navigate in order to pursue the best possible outcome for your claim. It can easily become overwhelming if you try to take on this process on your own, especially while recovering from an accident, which is why we encourage you to seek legal representation for your case.
The attorneys at George Sink, P.A. Injury Lawyers have continuously proven their expertise through several successful case results for personal injury victims throughout South Carolina, North Carolina and Georgia. Let us handle your personal injury case so you can concentrate on your recovery. We’ll provide the personalized, compassionate legal guidance you need to seek the maximum compensation you deserve.
Contact us today for a free, no-obligation case review, and take the first step toward getting your life back on track.