What to Expect at Each Stage of a Personal Injury Claim

If you’ve never taken legal action before, a personal injury claim can seem completely unpredictable. However, these claims follow a set process and procedure, and knowing what to expect at each stage of a personal injury claim can help demystify the journey.

Find out what you can expect with a Louisville personal injury claim—and when you’re ready to discuss your case, call John H. Ruby & Associates at 502-895-2626.

Initial Consultation with a Personal Injury Lawyer

The first step in a personal injury claim is an initial consultation with a personal injury lawyer. This meeting lets you discuss your case and see if you have a valid claim. The lawyer will ask questions about the incident, your injuries, and any medical treatment you’ve received. It’s important to share as much detail as possible, as this helps the lawyer evaluate your case’s strengths and weaknesses.

Most lawyers offer this first meeting for free, so you can assess their expertise without financial risk. During the consultation, the lawyer will also go into detail about their fee structure, which usually involves a contingency fee—they only get paid if you win. This is a good time for you to ask about the legal process, timelines, and what to expect next.

Investigation and Gathering Evidence

Once you’ve decided to move forward with your personal injury claim, the investigation and gathering of evidence is the next critical step. Your lawyer will lead this effort, collecting all the relevant materials needed to support your case. This can include medical records, photographs of where your injury occurred, statements from eyewitnesses, police reports, and any other documents related to your injuries.

A thorough investigation is essential because the strength of your case relies heavily on the evidence gathered. Your lawyer may also work with experts, such as doctors or accident reconstruction specialists, to strengthen your claim. Throughout this stage, it’s important to stay in touch with your lawyer and provide any additional information they request.

Filing the Claim and Negotiation

Once your lawyer has gathered all necessary evidence, they will prepare to file a formal claim. This involves submitting paperwork that details your case, including the incident, your injuries, and the damages you’re seeking. This is typically sent to the insurance company or court.

Next comes the negotiation phase. Insurance companies may offer a settlement, which is often lower than what you might deserve. Here, your lawyer’s expertise is crucial. They will negotiate on your behalf to secure a fair settlement, presenting the evidence and making a strong case for your compensation.

During negotiations, staying in close contact with your lawyer is vital. They will keep you updated on any settlement offers and advise you on whether to accept or continue negotiating. Most personal injury claims are resolved in this stage, which can save time and avoid the need for a trial.

Mediation and Settlement

If negotiations don’t result in a fair settlement, you might move to mediation. In mediation, both sides sit down with a neutral third party, called a mediator, to discuss the case and try to find a solution. This process is less formal than a trial and often helps both parties reach a compromise without going to court.

During mediation, your lawyer will speak on your behalf and help guide the conversation. It’s important to be open to discussion, as this stage can often lead to a quicker and mutually agreeable resolution. If you reach an agreement, the details will be put in writing, and you will receive the agreed compensation for your injuries and related expenses.

Going to Trial

If both sides cannot reach an agreement regarding fair compensation, your case may proceed to trial. This stage can be daunting, but your lawyer will be your advocate throughout the process. Both sides will present their evidence and arguments before a judge or jury.

Your lawyer will prepare you for what to expect, including the examination and cross-examination of witnesses. Trials can be unpredictable, and the length of the process varies depending on the complexity of the case and the court’s schedule.

The trial concludes with the judge or jury delivering a verdict. If you win, you may receive compensation for your injuries, but if the verdict is not in your favor, you may have options for appeal, which your lawyer will discuss with you.

Ready to Get Started? Set Up a Consultation Now

You don’t need to pursue compensation alone. The personal injury team at John H. Ruby & Associates is ready to be your advocate against the insurance companies and demand the compensation you deserve. Call us at 502-895-2626 or reach out online today.