If you get hurt because of someone else’s negligence, you may be able to file a personal injury claim. You can recover compensation for your economic damages, such as medical bills, as well as your non-economic damages, such as pain and suffering.
Every personal injury case involves unique facts and circumstances, so there isn’t a single timeline that applies to all of them. However, most will undergo certain stages that are worth understanding.
Read on to learn about the general timeline of a personal injury case and how an experienced attorney can help you.
Initial Consultation
Most personal injury lawyers offer a free initial consultation. Even if you’re not sure whether you need an attorney for your case, it is likely worth the time to set up a meeting. You won’t be under any obligation to hire the lawyer afterward if you don’t want to.
During your free consultation, you can receive some initial legal advice about what to do next. If you decide to hire a personal injury lawyer, they will likely also go over their contingency fee payment structure. With a contingency fee, you only owe attorney’s fees if your lawyer wins your case – whether with a jury verdict or settlement.
Investigation and Demand Letter
Once you’ve hired a lawyer, they will begin an investigation of your accident and injuries. They will gather evidence in your favor, interview any eyewitnesses, review the police report, calculate your damages, bring in expert assistance as needed, and more.
Most cases start off as insurance claims. When your lawyer has an understanding of liability and how much your case is worth, they will send a demand letter to the insurance company on your behalf detailing how much money you are looking to get.
Settlement Negotiations
It’s unlikely that the insurance company will accept the amount offered in the demand letter. These businesses are out to make a profit, not put money into your pocket. They will also put to use various tactics designed to lower the value of your claim.
In response to your demand letter, the insurance company will most likely either deny the claim or make a counteroffer that is far too low. This will kick-start negotiations between your attorney and the insurer.
Settlement negotiations can take time, especially if the insurance company refuses to negotiate in good faith. However, statistically speaking, most cases will conclude at this point with a settlement agreement. Signing an agreement will prevent you from taking further legal action on your claim, so it’s important to get it right.
Filing a Personal Injury Lawsuit if Necessary
If you aren’t offered a fair settlement or if another relevant circumstance is present (such as if liability is in dispute), your lawyer may take your case to court and file a lawsuit. In New York State, the statute of limitations for most personal injury cases is three years. That means you’ll need to file a lawsuit or finalize your insurance claim by that point.
Filing a lawsuit shows the defendant that you are serious about your case. Lawsuits take time and effort, especially if they make it all the way to trial. Keep in mind, however, that settlement negotiations can still take place throughout this process.
The Discovery Process
One reason why it may benefit you to file a lawsuit in some cases is that your lawyer will utilize pretrial discovery to get information from the opposing party. For example, through “Requests for Production,” your legal team can ask for documents and other items that could make your case stronger.
Discovery alone could lead to a higher settlement offer if critical evidence is revealed. The process also lets your lawyer know exactly how strong your case is. They can then help you make an informed decision on whether you should continue through the litigation process to trial.
Going to Trial
Trial is the last stage for almost every personal injury case – and remember, most don’t make it this far. At trial, your lawyer will present your case, and the defendant’s lawyer will present theirs. From there, the jury will decide whether they are liable for your damages and how much to award, if so.
Trials can be unpredictable because you can never know for certain how the jury will decide the case. However, there are some situations where taking a case to trial is the only way to get maximum compensation for your injuries.
Note that trials take substantial resources. If your lawyer has a good track record in court, the insurance company or other at-fault party may take notice. They may raise their settlement offer in order to avoid going to trial (or court at all in the first place).
How Much Is My Personal Injury Case Worth?
Just as each personal injury case has a unique timeline, each is worth a unique amount. Cases that involve the most serious injuries tend to be worth the most, but that’s not always true.
Various factors can influence the evaluation process, including:
- The limits of any relevant insurance policies
- How severe your injuries are
- The strength of the available evidence
- Whether you will reach a full medical recovery
- Your age when the accident happened
- The financial losses you’ve suffered
- The nature of your pain and suffering
A knowledgeable attorney might also raise the value of your claim. For instance, they might hire a forensic economist to attest to the extent of your financial expenses. They might also better leverage your case during the settlement negotiation stage, such as by more thoroughly collecting evidence.
Contact an Experienced Buffalo Personal Injury Attorney For Help With Your Case
If you have any questions about how to get compensation after an accident, the best place to turn is a trusted Buffalo personal injury lawyer. During your initial consultation, you can get some legal advice at no cost to you. Reach out to O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers today at (716) 222-2222 to learn about your rights and options.