If you or a loved one have been seriously injured or killed in a car accident, trucking accident, or other life-changing incident or accident, oftentimes the very last thing you want to think about is filing a lawsuit and going to the courthouse for a trial. However, in addition to the importance of hiring a lawyer quickly many people in this situation do not realize that the quality of your personal injury lawyer and personal injury law firm can directly affect and have a dramatic impact on whether your case actually goes to trial or whether it settles before trial at some earlier stage. This blog explains the typical stages of a personal injury case, the type of work that your lawyers will likely do at each stage, and why hiring excellent counsel like the personal injury lawyers at Plakas Mannos can best set you up for a positive legal outcome so that you can focus on what matters most - your recovery.
The first stage of the case is the initial intake - you will speak with one of our experienced and compassionate intake specialists, who will then provide our personal injury legal team and our in-house physician medical consultant, Dr. Allison Kreiner, with the initial information about your case. Based on your type of case, we will then ensure the right team of attorneys is available to meet with you either in person or remotely depending on your location and availability. Read more on the initial client meeting, what to expect and how to prepare.
When we have been retained as your counsel, we immediately start gathering all of the information that we can to investigate your case and preserve all evidence. This includes making public records research, conducting background research, requesting medical and billing information, obtaining wage loss information, and other information specific to your case. We will communicate with you about potential witnesses and make sure that we are seeing the full picture of your case.
In many cases, it makes sense for your lawyers to present your case to the at-fault party’s insurance company in an effort to obtain a settlement that fully compensates you without filing a lawsuit. This typically includes preparing a package of information that includes a summary of your medical treatment, medical expenses, lost wages, and other damages, as well as a personalized explanation of all aspects of the case. Most often, these letters cannot be prepared and finalized until your medical treatment has concluded and until your recovery is at a point where we can reasonably predict how much the incident is going to impact your life going forward. You only have one opportunity to resolve your personal injury case, and the worst thing you can do is try to resolve it too soon, before you know the full impact your personal injuries will have on the rest of your life.
Oftentimes, but not always, the settlement package will spur settlement negotiations with the insurance adjuster. These negotiations can often take weeks or months. Sometimes they are productive in getting to a fair resolution, but sometimes they fall flat. In many cases, when the parties are making progress towards a resolution but cannot quite find a point of common ground, the parties will participate in a mediation. Essentially, a mediation is an opportunity for the parties to try to resolve the case with the assistance of a trained, neutral third-party mediator. The mediator will be someone who is experienced in settlement negotiations, and while the mediator is not empowered to make any decisions or rulings in the case, oftentimes the mediator is able to effectively communicate with the parties and their counsel to move them closer to resolution.
Ultimately, if your case does not resolve, the next step will be to file a lawsuit. Depending on the complexity of your case, the number of parties involved, and the venue where the case is brought, the case could be in litigation for anywhere from eight months to several years. During this stage, the parties file pleadings, conduct written and deposition discovery, engage in motion practice and hearings, and, ultimately, if the case is unable to be resolved, proceed to trial, either with a judge or jury. During this phase, there will be additional opportunities for resolution, including court mediation.
When you are facing a potential personal injury claim, the quality of your representation matters. Our team has a tremendous amount of experience and training in each of the above phases of a personal injury case. We are skilled and tenacious in ensuring that we build your case. We have a system for preparing comprehensive and persuasive settlement demand packages that not only tell your story, but also speak to the computer systems that the insurance companies use to evaluate and value your claim. We have experience in all facets of mediation, settlement negotiations, and trial. Moreover, we have experience standing up to insurance companies and taking cases to the mat when the insurance companies don’t treat injured people and their families fairly. You won’t see us in billboards, you’ll see us in the courtroom, and the opposition knows it.
If you think you have a possible personal injury lawsuit, contact our team in Akron or Canton to get started.