The Personal Injury Claim Process: It Is Easier with the Right Attorney

Categories: Personal Injury Attorneys

personal injury claim processThe stages of a personal injury case are much more complex than simply filling out a form or two. In fact, the process is so extensive that it could take weeks or months to receive your settlement – time which you do not always have. When medical costs are piling up, you’ve missed more than your fair share of work, and you feel the pressure to get back to your life, it may be time to consult with a personal injury attorney. While you could do research and possibly go through the injury claim process on your own, studies have proven that having an attorney can yield a higher settlement and faster conclusion to the claim overall.

The Stages of a Personal Injury Claim

The stages of a personal injury claim are fairly straightforward, but each stage requires multiple steps – and often, those steps are best if they are completed by a professional. Just some of the stages that you can expect include:

  1. Filing the complaint and initial paperwork. Your attorney will start by going through the Complaint, how Answers work, and motions that are typically involved in a personal injury claim. They can also advise you as to what motions are likely to be used in your particular case.
  2. Facts, findings and discoveries. The discovery phase is where both sides will share what they have learned about the particular case. There will often be depositions in this stage of the case – where you will have a question and answer session with the other side’s attorneys. Also, your attorney will have access to any information that the insurance company or defense team may have. These are used to show each side what will be expected, if the case goes to trial – and may motivate one side to settle.
  3. Motions. Most personal injury claims will resolve long before they ever go to their scheduled trial date. Motions will ask the court to either stop the claim or push the claim further.
  4. Settlement. If the other side is willing to end the case before it goes to trial, they will make a settlement offer. Typically, the first offer is not accepted – unless it is more than generous. Instead, your attorney will need to negotiate on your behalf to get a better settlement from the insurer.
  5. Collection money after the judgment. Once a settlement has been reached or your trial was found in your favor, more work must be done. Your attorney will then need to file a judgment, and then enforce that judgment in order to actually collect the money that you are entitled to. Your attorney will advise you as to your options for collection.
  6. Payment and distribution. After the payments have been received, your attorney will remove his or her commission, and then distribute the remaining payments to you. If there are any liens on your payment, those must be satisfied before your attorney can release the funds to you.

Understand the Process Better – Hire an Attorney

If you have been seriously injured, do not try to go through the claims process on your own. Instead, contact a personal injury attorney at Van Sant Law, LLC. We are here to help you through this difficult time, and our attorneys understand what you are going through. We can help you get the compensation that you deserve for your injuries. Schedule an appointment today by calling 404-991-5950, or fill out our online contact form with your questions.