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What Is Involved in a Personal Injury Case?

Posted on in Personal Injury

Metro New York personal injury attorney

You probably already know that personal injury cases are intended to help injured clients recover financial compensation for damages. Medical expenses, lost income from missed work, reduced earning capacity, pain and suffering, and loss of enjoyment of life are all damages for which an injured person may receive compensation. You may be less sure of how the personal injury claim process actually works. What are the steps involved in an injury case? How long do personal injury cases take to resolve? Will I have to go to court? These are all questions that vary from case to case. However, most personal injury cases follow the same basic steps.

Initial Investigation and Sending a Demand Letter

Whether you are interested in filing a personal injury claim after a car accident, assault, construction site accident, or another injury-causing incident, typically, the first step is investigating the cause of the injury. Your personal injury lawyer will ask you questions about the accident or incident. Next, he or she will start to gather evidence like police reports and records of medical treatment that you have received for your injuries.

Some personal injury cases can be settled before the case advances to litigation. If your attorney thinks that a reasonable settlement is possible, he or she will send a “demand letter” to the defendant or insurance company. The letter will contain a presentation of facts about the injury and a request for a specific amount of compensation. If the defendant or insurance company is not willing to pay the requested amount, your lawyer may need to file a personal injury lawsuit through the court system.

Gathering Evidence During “Discovery”

After the lawsuit has been filed, the “discovery” portion of the case begins. Evidence and information may be gathered through depositions, written interrogatories, requests for the production of documents, and other discovery techniques. The types of evidence that will be used in your case depend on the nature of your injuries. Evidence like dash-camera footage or vehicle information from event data recorders (EDR) may be utilized in car accident cases. Surveillance photographs, incident reports, and maintenance records may be used for workplace accident cases. Statements from eyewitnesses are often a key source of information about the events that transpired.

Negotiating a Settlement or Going to Trial

Most personal injury cases are settled before they go to trial. Your lawyer will negotiate a possible settlement with the insurance company or defendant on your behalf. If a settlement cannot be reached, however, the case will need to be decided by a judge or jury during a trial. During the trial, both sides present evidence, make arguments, and examine witnesses. The length of a personal injury case is largely determined by the complexity of the case and whether the case is settled before trial. Some cases take a year or more to resolve while others are resolved more quickly.

Contact a Greenwich, CT Personal Injury Attorney

The skilled legal team at Ivey, Barnum & O'Mara, LLC is committed to helping injured clients fight for the compensation they need and deserve. Our tenacious Connecticut personal injury lawyers are qualified to handle a range of personal injury cases, including cases based on negligence as well as intentional torts like assault or homicide. Call our office today at 203-661-6000 to schedule a free consultation.




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