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
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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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.