4 Steps for Every Personal Injury Case

4 Steps For Every Personal Injury Case in Georgia or South Carolina 

 1. Free Consultation with a Personal Injury Attorney 

The process of filing a lawsuit starts with a no obligation, free consultation with a Personal Injury Attorney.

During the consultation, you will discuss the details surrounding your case. This includes the nature of the accident and the extent of the injuries that you suffered. You may be asked a series of questions by the attorney so they can get a better understanding of the circumstances of the accident.

This is the time for you to ask your own questions as well. It is important to feel comfortable speaking with the attorney that you hire to handle your case.

During your consultation, the lawyer will advise you on the best course of action to take in order to obtain the most favorable outcome.

The attorney will inform you of the contingency fee and the percentage of the settlement that they will take for the services they provided.

The attorney will not ask for money up-front, the payment will come out of the settlement once your case is won and you receive an agreeable amount.

Related Article: Top 3 Reasons Why a Lawyer Would Turn Down your Personal Injury Case.

2. Detailed Case Investigation 

The attorney you choose to assist with your case should complete a thorough investigation into your personal injury claim. This includes:

• Gathering Police Reports
• Evaluating the Accident Scene
• Compiling Photographs
• Collecting Witness Testimonies
• Obtaining Medical Records
• Verifying Time Missed at Work 

Depending on the circumstances of the accident, your attorney should be prepared to speak with medical experts, reconstruction experts, and any other experts in a variety of fields that may help with the case investigation and determining liability.

Throughout the investigation process, your attorney should keep you informed of the proceedings and remain responsive to your legal needs.

3. Written Demand Statement 

This step involves a demand for a settlement. Your attorney will need to send a demand letter to the appropriate insurance company outlining your case, including liability and damages such as:

• Medical Expenses
• Lost Wages
• Property Damage
• Pain and Suffering 
• Loss of life’s Enjoyment

The letter will be reviewed by the opposing party. In response to the letter, the opposing party will either reject the demand, make a counteroffer, or accept the terms and conditions that are being presented.

It is critical for your attorney to construct a quality demand letter because it is the most important impression you will make on the opposing party.

4. Filing a Personal Injury Lawsuit  

If your case cannot be settled out of court between your attorney and the opposing party’s insurance company, your lawyer will file a personal injury lawsuit and your case will be taken to trial. 

In an effort to avoid trial, after a lawsuit is filed, a mediator may oversee mediation between the parties. Mediation is an informal proceeding where the parties attempt to reach an agreement.

If your case comes to this, it is critical to have an attorney who has experience in mediation procedures because the steps one makes during this process can have a long-lasting effect on the case.

If an agreement cannot be met during the mediation process, the next phase of the case is trial. Once the case goes to trial it will then be up to a judge or jury to evaluate the facts, determine fault, and award damages.