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What steps are involved in pursuing a personal injury claim?

Once you contact an attorney, the attorney will conduct a detailed interview concerning your accident or incident, your injuries, your background, and any other factors that may be relevant to the case. You will probably be asked to sign authorizations so that the attorney can obtain your medical records. The attorney will also review and have you sign a contingent fee agreement that explains the terms of the representation. There are other forms that the attorney may have you sign depending on the type of case.

After your interview, the attorney will begin an initial investigation of the circumstances of your case and the nature of the injuries you suffered. In some cases, this may require the attorney to hire private investigators or other experts to collect information, such as photographs and witness interviews. Following the investigation, the attorney will, in most cases, send claim letters to the person or company responsible for your injuries and attempt to establish communication with their insurance company. At this stage of the case, the attorney will be exchanging information with the representative or insurance company of the responsible party. When you have reached a medical end result, the attorney will attempt to settle your claim. If the claim cannot be settled, then the attorney may file suit.

Once suit is filed, the claim may take a year or more to be reached for trial. While the suit is pending, your attorney will undertake discovery, which is a further investigation of the facts of the case, in order to prepare the case for trial. During the discovery stage of the case, both sides of the lawsuit are entitled to obtain information from each other. Discovery includes the exchange of documents and of answers to written questions, and depositions. You may even be required to undergo further physical examinations and testing. Once these and other steps are completed, the case is assigned a trial date by the court. All cases should be prepared as though the case will need to go to trial. Then, if the case does not settle, you and your attorney will be in the best position possible to try the case.

Our law firm, together with the network of other law firms that we work with, helps victims of personal injury nationally.

Law Office of Joseph A. Hernandez
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Thank you for visiting the Law Office of Joseph A. Hernandez. The material located on our law firm's web site is intended to be a resource for present and prospective clients for informational purposes only and is not intended to be legal advice. This web site is not an offer to represent you. The act of sending electronic mail to our firm or to Attorney Hernandez does not create an attorney-client relationship and does not obligate the Law Office of Joseph A. Hernandez or Mr. Hernandez to respond to your email or to represent you. No attorney-client relationship will be formed unless you enter into a signed agreement of representation with the Law Office of Joseph A. Hernandez. You should not act, or refrain from acting, based upon any information at this web site without seeking professional legal counsel. Under various rules, this material may be considered advertising. The listing of areas of practice does not represent official certification of expertise therein. The Law Office of Joseph A. Hernandez, together with law firms in other states, help individuals injured in motor vehicle accidents throughout the U.S.