Personal Injury Claim Process

When someone is injured by the negligence or wrongdoing of another person or entity, they may be eligible to file a personal injury claim. This legal process can help the injured person obtain compensation for their injuries, known as damages.

To give you a better understanding of how a typical personal injury claim progresses, we’ve broken it down into a few steps. For a detailed review of your specific case, contact Aiello & Associates today.

Hire an Attorney

The first step in the personal injury claim process is for the injured person to consult with and hire an experienced personal injury attorney. An attorney can review the circumstances of your injury and help determine the likelihood of filing a successful claim. If you decide to proceed with a claim, your attorney will guide you through the process and represent your best interests. Choosing the right attorney is crucial, as they will play a significant role in the success of your claim.

Complaint Filed & Served

Once the attorney is hired, they will file a complaint in the appropriate court, detailing the injuries you suffered, damages, and the party responsible for the incident. After the complaint is filed, it must be served to the defendant, which means formally notifying them of the lawsuit and providing them with a copy of the complaint.

Discovery

The discovery phase is where both parties gather evidence to build their cases. This includes exchanging documents, interrogatories (written questions), and depositions (sworn testimonies). Both sides may also request expert evaluations or seek additional information to support their claims.

Pretrial Litigation

During the pretrial litigation phase, the attorneys will engage in various activities to prepare for a potential trial, although most cases settle before the trial begins. This may include filing motions, conducting legal research, negotiating discovery disputes, and preparing witnesses. The goal is to resolve any potential issues that may arise while simultaneously preparing for a trial if necessary.

Negotiations

In most personal injury cases, both parties will make attempts to reach a settlement before going to trial. Any time after a claim is filed, the attorneys may negotiate with each other and try to reach a mutually agreeable resolution. Settlement negotiations can involve discussions about compensation for medical expenses, lost wages, pain and suffering, and other damages.

Settlement or Trial

If a settlement is reached and agreed upon by both parties, the case will be resolved. The injured person will receive their compensation, and the legal process will be concluded.

However, if a settlement cannot be reached through negotiation, the case will proceed to trial. During the trial, both sides will present evidence, question witnesses, and argue their positions to a jury. Ultimately, the jury will determine the outcome of the case.

Collection or Appeal

If the injured person is successful at trial and awarded compensation, the next step is to collect the judgment from the defendant. This can involve garnishing wages, placing liens on property, or other legal means of obtaining payment. However, in some cases, the losing party may choose to appeal the decision, which will lead to further legal proceedings.

We Help Injured People Get Their Lives Back to Normal

Being injured by another person can be a difficult and stressful experience. Understanding the typical process for a personal injury claim can help injured individuals navigate the complexities of seeking compensation, allowing them to focus on their recovery.

At Aiello & Associates, we are devoted to helping people resolve tough legal matters. When you hire our skilled injury attorneys, you’ll have an experienced advocate on your side to gather evidence and negotiate on your behalf, increasing your chances of obtaining fair compensation. To discuss your injury case and how we can help, call our office or send us a message online today.