Steps in a Personal Injury Case

By Christopher Hoffmann  Nov. 14, 2014 9:32a

Although all personal injury cases are different, there are some common steps that every case goes through.

In this post, our St. Louis car accident lawyer will discuss some common steps involved in a personal injury case.

Step 1

You were injured or suffered loss as a result of someone else’s negligence.

Step 2

You notify the party at fault about your injuries, asking them to take responsibility for the resultant losses.

Step 3

The other party will get in touch with their insurer to check if the accident is covered and what the dollar limits are as per the policy.

Step 4

The party at fault, or their insurer, will contact you to learn about the seriousness of your injuries. If they believe that your claim is reasonable, they will come up with a cash settlement offer.

Step 5

If the offer is reasonable, you may accept it. In case it is not, you can renegotiate. If they do not cooperate or refuse to accept responsibility, you should immediately contact a St. Louis car accident attorney.

Step 6

If the attorney finds merit in your case, the attorney will agree to represent you; however, if the attorney thinks your case lacks merit and that the other party is not responsible for your loss, the attorney may opt out of the case.

Step 7

If your attorney has agreed to represent you, a fee agreement will be prepared, and the attorney will educate you on your responsibilities as a plaintiff.

Step 8

Your attorney will inform the negligent party and their insurer that you are now represented by an attorney, and start to gather information relevant to your claim.

Step 9

After calculating all current and anticipated losses, the attorney will issue a demand letter to the party at fault. The attorney will first get the demand letter reviewed and approved from you.

Step 10

The other party will accept, reject, or counter your demand. It is highly likely that you will receive a counter offer from the other party, and based on how reasonable it is, you can accept, reject, or counter it. If you choose to accept, you will receive the agreed upon amount, and the process will come to an end. In the event you cannot reach a settlement, you will have no other option but to file a lawsuit.

Step 11

Before your case goes to trial, there may be a private mediation or settlement conference in which an independent mediator will help in the negotiations so as to achieve an amicable settlement.

Step 12

In case the case goes to trial, your lawyer will present evidence in favor of the claim, and the other party will present evidence to dispute the claim. Based on evidence and testimonies the judge will provide the verdict. The trial may end up in settlement, or the jury may decide the case either in your or in the other party’s favor. If the decision is in your favor, you will receive whatever the jury decides, and if the decision is in the other party’s favor you will receive nothing.

Step 13

The jury’s decision is not final. The judge may disagree with the jury and overrule them. St. Louis car accident attorneys inform us that there are instances when the other party appeals the decision, or they use the threat to force you into accepting their offer. It is important for you to have an experienced St. Louis car accident lawyer on your side that can help you make the right decisions and ensure that you receive the right compensation.

Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242.