If you have never been involved in a personal injury case, you may be unsure about filing a personal injury lawsuit—let alone contacting a personal injury attorney in the first place to discuss your case.
At Holzman & Associates, our attorneys understand that lawyers and lawsuits are often portrayed in the media as complicated and intimidating. An experienced personal injury law attorney will take on the burden of your case, so you can focus on healing and returning to a sense of normalcy.
Below we’ve compiled the general process of a personal injury case, so you are not left wondering what to expect. Please note that this is a general process and each personal injury case will look different depending on its details and nuances.
Personal Injury Case Process
1. Medical Care. The first and most important step to every personal injury case is for the person who is injured in an accident to seek medical attention as soon as possible. Even if the person feels fine, we recommend that they still seek medical treatment in the case that something undetectable on the surface has occurred, like a concussion or another internal injury. To have the best personal injury claim possible, it imperative that the injured person gets medical care immediately and follows through with the recommended medical treatments.
2. Consultation. Once the injured person has received medical attention, they should reach out to a personal attorney to discuss their case. The personal injury attorney will advise the person on whether they have a case, what further information is needed, and what the next steps are.
3. Investigation. After hiring the personal injury attorney, the attorney will discuss the details of the case with the client and request all records to investigate further into the matter. These records include, but are not limited to, police reports, insurance claims, medical records, and any bills incurred. During this step, it is extremely important for the client to be as honest as possible with their attorney.
Important Note: At most personal injury law firms, personal injury attorneys are compensated only if they recover money from the case. This means there should be no upfront costs or financial burden to hire a personal injury attorney.
4a. Demands. The personal injury attorney will advise the client on the next best course of action. Depending on the case, the personal injury attorney may recommend starting with a demand for a settlement. However, if negotiations do not go as planned or the attorney believes the person is not offered fair compensation, they will move onto litigation.
4b. Lawsuit. If the attorney believes the client is not offered a fair settlement, they will file a lawsuit. Once the attorney has filed the lawsuit, the court will assign a trial date. Then, the discovery process will begin. During discovery, the attorney and the opposing counsel will investigate each other’s claims. The investigation may include requesting and answering questions from both sides, collecting all evidence, and holding depositions for any involved persons and or witnesses. Depositions are sworn in testimonies to be used in trail. After the discovery process is complete, most cases will move into discussions about negotiations and settlements. If negotiations are not made, the case will go to trial and be decided in front of a judge and or jury. The time it takes for a case to complete after it is filed can take anywhere between 6 months to more than a year.
For more than 75 years, Holzman & Associates, LLC has obtained substantial verdicts and settlements for injury victims throughout Maryland. Ask around about us! If you believe you are entitled to compensation, contact us at 410-539-4222 for your free consultation.
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