Overview of the Process
This page provides a brief overview of the process in obtaining compensation for your personal injury. For help receiving compensation for your injury, contact personal injury lawyers at Stephanie Flynn Law, or call (402) 325-8469.
Get Medical Treatment
The first thing you should do after being injured in an accident is seek medical treatment. If you don't seek treatment right away, you may not be able to receive just compensation for your personal injury.
Find a Personal Injury Lawyer
Find a lawyer who specializes in personal injury to help you process your claim. A personal injury attorney can help you from negotiating a settlement with the insurance company all the way to going to trial if a settlement cannot be reached.
Investigation and Review of Medical Records
One of the first things a personal injury lawyer will do is interview you about what happened and the injuries you sustained. A personal injury attorney will then review your medical records and bills related to your injury. It can take months to obtain all of the records and bills from all medical providers.
Demand and Negotiation
Once all medical records and bills have been obtained, and you have reached a point of maximum medical improvement (when your treatment has ended and you have reached your maximum point of improvement), your personal injury lawyer will send a demand to the insurance company. Negotiation will then take place until an appropriate settlement can be reached. If a settlement cannot be reached, a lawsuit will be filed.
A Lawsuit is Filed
Once a lawsuit is filed, it could take several months to several years before the case actually goes to trial. The lawsuit must be filed within the statute of limitations or recovery is precluded.
Discovery Process
Once a lawsuit is filed, both parties to the lawsuit can complete discovery, which is a process of investigating the claim. The discovery process can include interrogatories (questions sent to opposing party), request for documents, requests for a party to admit certain fats, and taking depositions of parites and indivudleas who will be called as witnesses at trial.
Mediation and Negotiation
Not all lawsuits that are filed actually go to trial. Sometimes cases are settled after a lawsuit is filed based on information received during the discovery process. Sometimes the lawyers settle the case amongst themselves, while other cases go to mediation (a process in which the parties, and sometimes their attorneys, go to an independent mediator to try to settle the case).
Trial
If a case cannot be settled, it will proceed to trial. Personal injury trials can last a few hours to several days, or longer. Once the trial is complete, the fact finder (Judge or Jury) will determine the verdict (who wins the case). If a verdict is rendered in favor of the Plaintiff, the fact finder will also determine the amount of compensation the Plaintiff is entitled to.
Contact personal injury lawyers at Stephanie Flynn Law, or call (402) 325-8469 if you have any questions regarding your personal injury case.