The Personal Injury Claims Process
If you were injured at no fault of your own, you may be wondering what steps await after filing a personal injury claim. To create clarity for your case, Roman & Boock outlined the stages each case goes through. Read on for our step-by-step personal injury claims process.
Starting the Personal Injury Claims Process
Every case begins with an initial free consultation. Here, we discuss the circumstances of your case, the nature of your injuries and any evidence you may have at your disposal. Our attorneys will determine the viability of your case and assess legal options.
This stage is also your opportunity to see if we’re the right fit. We welcome you to ask questions about our experience and personal injury case process before you hire us.
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01
Investigation
After you hire a Roman & Boock attorney, our investigation will begin. This stage will involve compiling documentation, media and other applicable evidence. Our attorneys will assess the value of your claim while you seek out the care you need.
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Settlement Demand
Our attorneys will then prepare and send a demand letter to the at-fault party’s insurance company. This letter will outline the details of your experience, injuries and associated damages. Essentially, we’re filing a personal injury claim that demands compensation for the wrongs done to you.
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Negotiations
At this stage of the personal injury claims process, negotiations begin. Offers and counter-offers will be exchanged — our attorneys will advise you on the validity of each offer and argue for maximum compensation. Settlement negotiations will be ongoing, continuing even as cases proceed to court.
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Settlement
If negotiations succeed, the personal injury case process will end with a settlement. At this stage, both parties will draft and sign a written agreement — waiving the right to sue the at-fault party in the future. Their insurance company will then pay the agreed-upon settlement amount, closing the case.
Outstanding attorney fees, costs, medical bills and other associated expenses will be deducted from the final settlement amount.
Going to Trial
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Filing
If negotiations fail, your case will proceed to court. Our attorneys will file a complaint with the court, outlining the details of your claim. At this stage of the personal injury claims process, you become the plaintiff while the at-fault party becomes the defendant. A lawsuit commences once the complaint is served to the defendant.
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Pretrial
After filing a personal injury claim, both parties start the discovery process. Each party will discover relevant evidence within the other’s possession through depositions, written questions and requests for documents, pretrial motions and beyond.
Settlement negotiations may ramp up during the pretrial stage of the personal injury case process — meaning that few cases progress to trial.
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Trial
When necessary, Roman & Boock takes critical cases all the way to trial. We compile evidence, witnesses and arguments that will strengthen your case — acting as your champion in the courtroom. After both parties close, a judge or a jury will make a decision based on the facts presented.
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Post-Trial
However, the personal injury claims process may not be over just yet — either party may file motions to challenge the verdict or judgment.
If the judge or jury rules in your favor, you will receive compensation. All attorney fees, case expenses and medical liens will come out of this amount — the remainder will be given directly to you.
Our Track Record
Explore what Roman & Boock has done for others — and what we’re ready to do for you.
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