What Are the Stages in a Personal Injury Case?

January 22, 2021
What Are the Stages in a Personal Injury Case?

The steps you take after suffering a personal injury caused by someone else can play a major role in whether your interests are protected. From ensuring you receive the treatment you need, to recovering for medical costs and lost wages; a personal injury case can leave you feeling overwhelmed. However, the experienced team at Graves McLain has the knowledge and experience to walk you through the process. 

1. Investigation 

An early thorough investigation must be performed to make sure your rights are protected. During this stage, the attorney may contact law enforcement, employ investigators, crash reconstruction experts, and medical experts. The point of this is to determine early whether the case can be proven and determine that someone else caused the injuries. In addition, letters of representation are sent to all potentially responsible parties and their insurance carriers. This facilitates a coverage investigation. 

2. Treatment 

While often the longest stage of the process, treatment is also a critical step. In order to prove your personal injury claim, the injuries claimed to have been caused by the incident must be supported by the medical records. Further, it is only after medical treatment that the true nature and extent of the injuries and thus, the true value of the case can be assessed. Once the medical records and bills have been reviewed and assessed the case progresses to the next stage. 

3. Demand and Negotiations 

Once all necessary information – facts, medical records, and bills – are obtained, a comprehensive demand package will be compiled to include an advocated chronology of medical treatment along with an analysis of injuries and causation. This demand will be made on the defendant and their insurance provider. The demand ultimately allows the insurance carrier to evaluate the claim and will start negotiations. If an acceptable settlement is reached, the case will soon resolve. If not, however, the case will then proceed to the next step.  

4. Settlement  

The time it takes from accepting a settlement to receiving the money can be frustrating. There are several reasons for this lag. After the settlement is accepted then all medical provider balances must be confirmed to ensure that all bills will be paid and the injured party understands the exact amount of their net recovery. The injured party must sign releases. Most health insurance liens and government liens must be paid. And lastly, if the victim is underage or is not competent to sign legal documents, court approval may be necessary. 

5. Lawsuit 

If a settlement cannot be reached, a lawsuit may need to be filed in court. The first step of this process is filing a Petition in the District Court of the appropriate County. Both sides will conduct informal and formal discovery, exchanging documents and information, and taking depositions, and then take the case as another opportunity to be resolved before trial. If the case is not resolved, then it will be tried by a judge or jury.  

Why Choose Graves McLain? 

With our extensive experience in personal injury claims, we are ready to do what it takes to get you a top-dollar settlement. At Graves McLain, we devote all of our firm’s resources to you from the moment we take your case. To put your case in the best position and secure the best results possible, we prepare for trial from the very beginning. Our personal injury attorneys understand the complexity of specialized cases and are ready to pursue litigation aggressively if necessary.    

If you or a loved one suffers a personal injury in any type of accident due to negligence, call Graves McLain right away at 918-359-6600. When you call one of our experienced personal injury lawyers, we will speak with you for FREE and determine the best course of action. Trust our team; we are here to help.

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