What Happens in a Personal Injury Claim or Lawsuit?

If you’ve been injured due to someone else’s negligence, whether in a car accident, slip and fall, or due to medical malpractice, you might be wondering, “What happens in a personal injury claim or lawsuit?” The process can be overwhelming, but we’ll break down the steps involved in a personal injury claim, so you understand what to expect and how Findley Law can guide you every step of the way.

Step 1: Initial Consultation and Case Evaluation

The very first step in any personal injury or medical malpractice case is to consult with an attorney. At Findley Law, we begin by evaluating your case to determine whether you have a valid claim. This initial consultation is crucial because it allows us to understand the specifics of your situation and assess whether you’ve been injured due to someone else’s negligence or misconduct.

Whether you’ve been hurt in a car accident, suffered injuries from a slip and fall, or experienced a medical mistake, we’ll listen to your story, review any evidence, and advise you on the best course of action. If we determine that you have a claim, we’ll explain your options and next steps. The earlier you consult with an attorney, the better equipped we’ll be to secure your rights and start building a strong case for you.

Step 2: Negotiating with the Insurance Companies and Liens

Once you retain us as your lawyers, we take over the responsibility of negotiating with the insurance companies involved in your case. Insurance companies often try to minimize the amount of money they pay out, so it’s essential to have a skilled lawyer on your side to ensure that you get the compensation you deserve.

Our team will negotiate with the insurance companies, and we will also look into any liens that may exist. A lien is a claim from a healthcare provider or another entity that may say they have a right to part of the money you’re awarded, usually because they provided medical treatment and paid for some of your care. It’s crucial to determine whether any such liens exist and to handle them appropriately. We’ll work to negotiate those liens down, ensuring you get the maximum compensation possible.

If we’re unable to reach a settlement that aligns with what you believe your case is worth, the next step is filing a lawsuit.

Step 3: Filing a Lawsuit and Entering Litigation

If negotiations fail and we cannot reach an acceptable settlement, we will move forward with filing a personal injury lawsuit. Once a lawsuit is filed, your case enters the litigation process. At Findley Law, we front all costs associated with litigation, including attorney’s fees and court costs, meaning you won’t need to pay us until we win your case.

The litigation process can be lengthy and complex, but our goal is to fight for the best possible result for you. We gather all necessary evidence, conduct discovery, and prepare for trial if needed. Most cases settle before trial, but if your case does go to court, we will present your case to a jury, advocating for your rights and seeking the compensation you deserve.

Step 4: Trial and Settlement Negotiations

Once your case goes to trial, a jury will decide the outcome. If the jury rules in your favor, your case is over, and you’ll receive your compensation. However, it’s important to note that litigation is a long process. From filing the lawsuit to receiving a verdict, it can take time. The good news is that even after a lawsuit is filed and during the trial process, your lawyer can continue to negotiate with the other party or insurance companies. Cases can settle at any point during litigation, and we always keep working to get you the best outcome.

Need Help with Your Personal Injury Case?

At Findley Law, we are committed to helping you navigate the complexities of personal injury and medical malpractice cases. Whether your case is straightforward or involves complex negotiations, we’re here to guide you and fight for the compensation you deserve. If you’ve been injured and need help understanding the next steps in your case, give us a call at 619-860-1712 or visit our office at 1620 Fifth Avenue, Suite 625, San Diego, CA 92101. We’ll provide a free consultation and help you understand your options moving forward.

Check out Brian Findley’s video on the issue here:

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