When you experience a personal injury due to the negligence of another, you could be entitled to compensation. However, the process of obtaining that compensation can seem overwhelming at first. Knowing how your case works will help ease your mind and allow you to focus on healing.   

What Happens During a Personal Injury Case?

1. Your Lawyer Investigates

To completely understand your case, your attorney will need your medical records directly relating to the injuries you sustained. You’ll also explain what happened leading up to and following the incident. Be as detailed as possible. Your attorney will use this information to develop a strategy that informs on the demand package that gets sent to the defendant’s attorney or their insurance company.

However, your lawyer won’t send the demand package until you’ve reached maximum medical improvement (MMI). This is the point where you’ve completed treatment and you’re as close to fully recovered as possible. Attorneys wait until you’ve reached your MMI so the true value of your case is understood, ensuring that you aren’t undervalued when a settlement is agreed upon or damages are rewarded. 

2. A Complaint is Filed

The majority of personal injury cases are settled outside of court. However, if a reasonable settlement can’t be reached, your lawyer will file an official complaint, bringing the case to civil court. 

3. Discovery Begins

Leading up to the trial, attorneys from both sides will continue to investigate. You will have to answer questions from the defendant’s attorneys and the defendant will have to answer questions from yours. Both sides will also interview any witnesses to the event.

4. Negotiations Continue

The attorneys are consistently in communication during the pre-trial process. When discovery ends both sides will have a clearer understanding of the case. They’ll once again attempt to reach an agreeable settlement to avoid going to trial. Usually, the lawyers will discuss the matter themselves, but sometimes they employ an impartial third party to mediate the discussion.

5. Settlement or Trial

Most likely, a settlement will be reached. Both parties will sign documents confirming the agreement. The documents will ensure you receive compensation and that the defendant is released from any liability in the future.

In the unlikely event that your case goes to trial, a jury will hear from expert witnesses in the medical field to attest to the severity of the injuries you sustained. However, even during the trial, a settlement can still be reached since the attorneys are in constant communication. 

If a personal injury has affected you, reach out to D'Agosto & Howe, LLC. For over 40 years, they’ve dedicated themselves to holding responsible parties accountable. Knowing that every case is different, they customize their strategies for each of their clients. As your case unfolds, you’ll have direct access to them whenever you need them. For more information on their practice areas, visit their website. Serving residents throughout the Shelton, CT, area, you can schedule a free consultation at (203) 712-0210.