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From an auto accident to a medical error or dog bite, personal injuries can take a number of different forms. The basic legal process at the heart of filing a claim remains the same for each, however. Here’s what you need to know about the five basic steps of any injury claim.

Timeline of a Personal Injury Claim

1. Investigation

At the first stage of a claim, your attorney will investigate the case and compile all the necessary information. They’ll work to build the strongest argument possible, gathering supporting evidence, such as medical records, photos of the accident scene, and the testimony of eyewitnesses. If necessary, they’ll speak to medical experts to corroborate the severity and extent of your injuries.

2. Filing a Claim

Next, your attorney files the formal claim with the courts. This involves a complaint, or petition, which outlines the case against the defendant. After the claim is filed, the court will issue a summons to the defendant and inform them of the lawsuit. The defendant will file an answer in which they will admit, deny, or neither admit nor deny the charges in the complaint. From here, the lawsuit will move forward.

3. Discovery

personal injuryDuring the discovery process, each party can request to see the evidence collected by the opposite party. This usually entails a lot of paperwork and sharing of documentation pertinent to either side of the case, like medical records.

Depositions might also take place at this stage, allowing each side to ask questions and see what witnesses and others involved in the case have to contribute.

4. Negotiation

The vast majority of personal injury lawsuits never go to trial. Instead, they are resolved through negotiations between the two parties. After the first three steps have been accomplished and each side knows the facts of the case, negotiations can commence.

Attorneys will advise their clients on how much a claim is worth and work to get them an amount as close as possible to that number.

5. Settlement

Once an agreed-upon number has been reached, a settlement agreement will be drawn up. Both parties will sign it, the money will change hands, and the case will come to an official close.

By signing the settlement agreement, the plaintiff typically consents to pursue no further legal action on this matter against the defendant.

 

The attorneys at Ibold & O'Brien will look out for your best interests at every phase of a personal injury claim. Since 1980, they’ve been representing clients in Geauga, Lake, Ashtabula, and Cuyahoga counties in Northeast Ohio. They also offer legal services in bankruptcies and probate cases. Call (440) 285-3511 or visit them online to schedule a consultation.

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