The Personal Injury Case Process

If you have suffered an injury due to the negligence of someone else, you may be entitled to compensation. Filing a personal injury case can be a complex and time-consuming process, but with the right information and guidance, you can increase your chances of a successful outcome. Below you’ll find a general, informational overview of the personal injury case process. Get in touch with a personal injury lawyer to learn more about your specific situation.


Step 1: Seek Medical Attention

The first and most important step is to seek medical attention for your injuries. Even if you do not think your injuries are severe, it is essential to get checked by a medical professional. Not only will this ensure that you receive proper treatment, but it will also create a medical record that can serve as evidence in your case.


Step 2: Hire a Personal Injury Lawyer

If you are considering filing a personal injury case, it is highly recommended that you hire a personal injury lawyer. An experienced lawyer can guide you through the legal process, help you understand your rights, and advocate on your behalf. They can also help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.


Step 3: Gather Evidence

To build a strong personal injury case, you will need to gather evidence that supports your claim. This can include medical records, witness statements, photographs of the accident scene and your injuries, and any other relevant documentation. Your lawyer can help you identify what evidence is necessary and how to obtain it.


Step 4: Determine Liability

To succeed in a personal injury case, you will typically need to establish that the other party was negligent and that their negligence caused your injuries. Your lawyer will investigate the circumstances surrounding your accident to determine liability. This can include reviewing police reports, analyzing witness statements, and examining any available surveillance footage.


Step 5: Negotiate with Insurance Companies

Once liability has been established, your lawyer will work with the other party’s insurance company to negotiate a settlement. The insurance company will likely make an initial offer, which your lawyer will review and respond to. This negotiation process can be lengthy, and it is essential to have a skilled lawyer who can advocate on your behalf.


Step 6: File a Lawsuit

If a settlement cannot be reached, your lawyer may advise you to file a lawsuit. This will involve drafting a complaint, which outlines the details of your case and the relief you are seeking. The complaint will then be filed with the court, and the other party will be served with a copy.


Step 7: Discovery

Once a lawsuit has been filed, the discovery process begins. This involves both parties exchanging evidence and information related to the case. This can include documents, witness statements, and expert opinions. Your lawyer will guide you through this process and help you prepare for any depositions or other interviews that may take place.


Step 8: Trial

If a settlement cannot be reached, and the case proceeds to trial, your lawyer will represent you in court. They will present evidence and arguments on your behalf and cross-examine any witnesses called by the other party. The judge or jury will then make a decision on whether the other party is liable for your injuries and, if so, what compensation you are entitled to.


Find a Personal Injury Attorney

Navigating a legal matter in the midst of a difficult situation is tough, but the right attorney can help guide you through the process. The McGonigle Law Team has years of experience helping clients with personal injury lawsuits.


Our team secured a six-figure settlement for a cyclist and we’ve worked on many other personal injury cases as well.



The information contained herein is for general purposes only and does not constitute legal advice.

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