A serious accident can upend your life in an instant. You may be facing a lengthy physical recovery, emotional trauma, and financial uncertainties. If you were hurt due to another individual or entity’s negligent or reckless actions, filing a personal injury lawsuit may be the key to gaining restitution for your losses.
Understandably, in the aftermath of a severe accident, you may feel confused and overwhelmed by the legal process involved in filing a personal injury claim or lawsuit. The experienced team of personal injury lawyers at Grover Law Firm is adept at handling all sorts of accident and injury claims. We can handle the accident litigation on your behalf so you can focus on your healing and recovery.
Below, we will outline important steps in successfully resolving a personal injury claim. Please keep reading to gain a better understanding of the actions you should take and what to expect as your lawsuit progresses.
The Legal Process of a Personal Injury Claim
Regrettably, there were nearly 15.5 million unscheduled emergency department visits across Canada in 2023-2024. A number of these visits stem from injury accidents and result in personal injury claims being filed as necessary.
The process of litigating such personal injury cases involves multiple phases. Each of these steps is important in obtaining fair compensation for your pain and suffering. Most of these steps are best taken with the assistance of a knowledgeable personal injury lawyer.
Seek immediate medical attention
The actions you take immediately after your injury accident can significantly impact the strength of your claim. Once you have been hurt, it is essential to have a medical evaluation done as soon as possible. Addressing your injuries right away can help to ensure a better long-term prognosis, as well as document the severity of your condition.
Medical expenses account for a significant part of the compensation amount commonly awarded in personal injury cases. It is important to have detailed medical records documenting the gravity of your injuries from the beginning.
Moreover, if you fail to see a medical professional for some time after the accident, filing an injury claim with the at-fault party’s insurance company may become more difficult. The insurance adjuster could allege that your injuries are not that serious or even made up.
Contact a personal injury lawyer
Any time someone else might be legally responsible for your accident, it is in your best interests to discuss your situation with a well-practiced personal injury attorney as soon as possible after the incident. Taking this step may require some effort on your part. Nevertheless, retaining qualified legal counsel can give you the confidence to pursue your legal remedies for restitution.
Your attorney will be able to examine the evidence and assess the strength of your case. He or she can help you navigate the legal system and advise you on the best steps to take so you can attain maximum compensation for your damages.
Begin an investigation into the accident
Once you’ve hired a personal injury lawyer, he or she will begin an independent investigation into the accident on your behalf. Thus, the facts of your case can be firmly established. This lays a strong foundation for a successful personal injury suit moving forward.
Your attorney’s legal team will likely examine any physical evidence from the scene of the accident, as well as review police or accident reports and your medical records. Your legal team will also review witness statements to determine accurately how the accident occurred.
To build a robust injury claim, you will need to gather as much evidence as possible. In some instances, lawyers will hire an investigator or seek expert opinions as part of the investigation process. Such professionals can help secure valuable evidence and address complex issues and scenarios in order to strengthen your case.
Reach maximum medical improvement
Serious or even catastrophic injuries may impact the entire course of your life. Maximum medical improvement is reached when you have finished all of your medical treatments and no further significant improvements are expected for your condition.
So if you are still receiving medical care for your injuries, you have likely not reached maximum medical improvement. It is inadvisable to settle a personal injury lawsuit while you are still in the midst of treatment and without first evaluating the full extent of your injuries.
Together with your medical providers and lawyer, you can establish how much financial compensation you need to cover your current and future medical expenses and to make your life whole again.
Negotiate with the insurance company
At this point, your lawyer will begin negotiations with the other party’s insurance company. The goal is to secure a settlement that will truly meet your current and long-term needs after the accident.
Insurance companies will use a number of tactics to minimize even a valid injury claim. A good lawyer will meet these challenges head-on, and if a just settlement agreement cannot be reached, your case will move on to the litigation phase.
File a Notice of Action with the court
The litigation process begins when your personal injury lawyer files a Notice of Action with the court. The other party will be notified that you are taking legal action against them.
It should be noted that the law sets various time limits for filing civil claims stemming from personal injury accidents. This means that if you fail to bring your claim within the allowed timeframe, you likely forfeit your right to compensation for your injuries.
Your lawyer can ensure that no important deadlines are missed as you move forward with your case.
Complete the discovery phase
The discovery phase of a personal injury lawsuit is when each party investigates the other side’s legal claims and defences. During this time, each party may be asked to respond to questions from the other side.
During the pre-trial period, the defendant and plaintiff will request to see paperwork, accident reports, medical records, and other evidence, such as photos, videos, and physical objects related to the case. Information may also be requested that pre-dates the accident, such as financial and employment records, if applicable.
Additionally, the discovery phase is when your attorney will investigate any disputed facts in your claim.
Settlement negotiations and mediation
In an effort to avoid an expensive, stressful, and potentially lengthy court trial, most personal injury cases reach a settlement outside of court. Lawyers will often use the mediation process to negotiate an acceptable and fair compensation agreement.
In mediation, the parties involved in the disagreement meet with a neutral third person who is trained to help people come to a mutually satisfactory solution to their dispute. Through such proceedings, the plaintiff and the defendant maintain more control of the outcome of the case rather than leaving it in the hands of the court.
Take the personal injury case to trial
At times, negotiation and mediation attempts are unsuccessful, and the parties involved fail to reach an amicable settlement agreement. In this event, your personal injury lawyer will use the information and evidence collected throughout the judicial process to argue your case at trial.
Contact Compassionate Personal Injury Lawyers for the Help You Deserve
A serious accident can leave you with physical injuries, lost wages, and a mountain of other stresses. If you are now suffering because of someone else’s negligence, you have the right to sue for proper compensation.
This is no time to go it alone. We at Grover Law Firm pride ourselves on helping people like you. Our personal injury lawyers believe that every accident victim deserves a voice, and we advance each client’s case with his or her personal interests in mind.
For over 20 years, we have been helping personal injury victims recover their peace of mind and quality of life after accidents. Please call us at the number below or fill out our online contact form for a free consultation to learn what our dedicated and determined injury lawyers can do for you.