Did you know you can discover what the typical legal process of personal injury cases is like?
Being hurt due to someone else’s negligent actions is bad enough. But then, you have to also deal with the legal process. That process is tough to understand and navigate.
Here’s the problem:
Most people do not have a clue what to expect when they file a personal injury claim. They don’t understand how long it takes, what steps to expect, or how to protect their legal rights.
Without proper information, you could make costly errors that harm your case.
Here’s the good news:
You can get familiar with the entire legal process of personal injury cases from beginning to end in this guide.
Table of Contents
Here’s what you’ll learn:
- Why Understanding the Legal Process is Critical
- The Complete Legal Process of Personal Injury Cases
- How Long Cases Really Take
- Common Mistakes That Screw Up Cases
Why Understanding the Legal Process is Critical
Okay, here’s a fun fact…
Approximately 95% of personal injury cases are settled before they ever reach trial. That means they never actually go inside a courtroom.
But don’t let that number fool you. Just because the majority of cases settle does not mean it’s easy or fast.
Knowing how the legal process works gives you:
- Realistic expectations about timing
- Information about documentation you need
- Insight about mistakes that could harm your case
- Knowledge to make smart decisions about settlement offers
Law firms and insurance companies are in the business of fighting over the multi-billion dollar personal injury market. For context, it’s worth $57 billion in the United States alone.
Insurance companies have entire teams of lawyers and adjusters working to save money on payouts. They are the experts in their field.
You need to know the process from beginning to end to level the playing field.
The Complete Legal Process of Personal Injury Cases
The legal process for every single personal injury case is basically the same. The cases just move at different speeds. But, all the cases follow the same basic steps.
Here’s exactly what happens:
Step 1: Immediate Medical Treatment
The very first thing you should do when injured in an accident is get medical treatment. Even if you feel like nothing is wrong, you should visit the hospital right after the accident.
Your medical records are evidence for your personal injury case. The insurance company will argue that you’re not that badly injured if you wait long to get medical treatment.
Step 2: Evidence Collection
During this step, evidence collection occurs. Photographs of the accident scene and injuries. Police reports and witness statements. Your medical records and bills.
Step 3: Hiring a Personal Injury Lawyer
You should seriously consider working with a skilled Richardson personal injury lawyer. A local injury lawyer who has experience and understands how the courts operate. They know the tricks insurance companies use. And, they understand the complex legal steps.
By the way…
Statistics show that people with legal representation get way larger settlements than those that go at it alone.
Step 4: File the Insurance Claim
Your personal injury lawyer files a claim with the negligent party’s insurance company. That starts the official claims process.
The insurance company will assign a claims adjuster to your case. The adjuster investigates the claim. Do not be fooled. The adjuster works for the insurance company and not you.
Step 5: Investigation and Documentation
This step involves investigation by both you and the insurance company. Both sides collect and analyze evidence related to the accident.
Your attorney works to build the best case possible, while the insurance company works to limit their liability.
Step 6: Reach Maximum Medical Improvement
Never settle your personal injury case until you reach Maximum Medical Improvement or MMI. That means your condition has stabilized and won’t improve with additional treatment.
If you settle too early, you could be on the hook for your own future medical expenses.
Step 7: Demand Letter and Negotiation
After you have reached MMI, your attorney will draft a detailed demand letter. In it, they’ll lay out how the accident happened. The injuries you suffered. Your total damages. And, finally, how much you are seeking as settlement.
The insurance company will likely send a counteroffer and negotiations will start.
Step 8: File a Lawsuit (If Necessary)
If you are not able to reach a settlement that’s fair to you through negotiations, your attorney may file a lawsuit. This does not necessarily mean you are going to trial. That’s just you and the insurance company having more leverage over the case.
Step 9: Mediation and Settlement
The majority of lawsuits are settled through mediation. A mediator works with both parties to help reach an agreement. In fact, approximately 5% of personal injury cases even go to trial.
How Long Personal Injury Cases Really Take
Do you want to know the truth about personal injury case timing?
Simple personal injury cases without any dispute regarding the liability can settle within 14 months on average.
However, complex cases with severe injuries can take two years or longer.
There are several reasons why:
- Severity of injuries. The more serious the injuries, the longer they’ll take to treat and negotiate
- Fault/liability. If fault is being contested, this will lengthen the case
- Insurance company cooperation. Some insurance companies are good at negotiating in good faith, others are not
- Court schedules. Filing a lawsuit can take time to be heard, depending on the courts’ backlogs
Patience is the name of the game. Never rush the settlement process because it will only lead to you accepting a lower compensation amount than you deserve.
Common Mistakes That Screw Up Cases
I have watched way too many people destroy their cases through simple, avoidable mistakes. I have come up with the top 5 mistakes below:
- Giving a recorded statement to insurance adjusters without an attorney present.
- Posting on social media about the accident/injuries.
- Failing to follow medical treatment plans.
- Accepting the first settlement offer
- Waiting too long to hire an attorney
Each of these mistakes can have disastrous consequences for your case.
In Conclusion
The process of navigating the legal steps in personal injury cases can be simple and smooth when you know what to expect. From the initial medical treatment to the final settlement negotiation. Each step has a purpose in the process of building your case.
The statistics are proof that hiring the right lawyer and knowing the legal process result in the most favorable outcome. Take the necessary time. Follow all the steps in this guide. And, don’t let the insurance companies rush you into a quick settlement.
You have too much on the line for your financial future and your recovery depends on doing things correctly the first time around.
