At Premier Law Group, it’s well-known that we are passionate about our work. The enthusiasm for seeking justice for victims of accidents and personal injuries is palpable. For today’s post, we decided to continue sharing valuable information with our audience.
What better way to help a Personal Injury victim than by informing them about their rights? This time, we will explain the processes they can expect when facing a personal injury claim—and offer some tips for each step.
It all begins with an accident. Here, the individual who suffers the injuries—referred to as the plaintiff from here on—exchanges contact and insurance information with the other party, who will be the defense. This is the time to start taking photos and videos of the injuries and any material damage.
When the insurance companies are contacted with the accident information, they seek to obtain statements from both parties. This is a good time to seek legal assistance. The insurance adjuster will contact the plaintiff to convince them that they can settle everything “faster” and with “the same results” without needing an attorney.
As we have analyzed in other articles, when someone doesn’t want you to know your rights fully, it reveals their true intentions.
By speaking with an attorney, the plaintiff can understand how much compensation they can claim, thanks to legal advice. Throughout this process, the victim must follow any medical treatment exactly as prescribed. Following medical advice is more important than one might think for supporting a Personal Injury claim.
The insurance company is notified if the plaintiff decides to work with an attorney. From this point on, they must do so through their attorney whenever the insurance company wants to speak with the plaintiff.
Negotiations for a settlement then begin. By this time, the attorney has prepared a case with accident details, photographs, videos, witness testimonies, medical reports and expenses, lost wage analysis, and how the victim’s earning capacity has been affected.
The claim has been filed, and now the insurance company will ask the attorney to present the compensation amount they seek. A lawsuit is filed to take the case to court if an agreement cannot be reached.
Going to court takes time. There’s no specific timeframe, as it depends on each situation and location, but it’s never before six months. This is where what’s known as “discovery” occurs: both parties present their information and interrogate each other to clarify the accident details.
A mediation date is set between 9 and 15 months after the claim is initiated. Here, a neutral mediator intervenes to facilitate negotiation. The case ends if an agreement is reached, and the compensation should be paid within 30 days. If no agreement is reached, the case goes to trial.
The key throughout this process is to have an expert Personal Injury attorney. At Premier Law Group, we have the experience and can help you navigate the entire process with information and understanding of your situation.
Jason at premier law group is truly an outstanding individual. Our particular case was not something that their firm usually sees but they were more than willing to help us and give us all of the information they had available. I can't recommend them enough.