Whether you’re making a small personal injury claim or filing a lawsuit after suffering significant injuries, the first step in the recovery process is to consult with a trusted personal injury attorney about your situation. While you can file on your own, our experienced personal injury attorney in St George Utah can make sure that you’re making the right decisions for your case.
After discussing the circumstances of the accident along with details of your injuries and medical treatment, your personal injury attorney will collect your medical records and medical bills related to your injury and treatment.
Settlement & Negotiation
After reviewing all the evidence in your case, your attorney will make a demand and negotiate with the other party’s attorney or insurance company. A good personal injury attorney will only start the settlement negotiation process once you’ve reached a point of maximum medical improvement (MMI) and have a clear idea of how much your case is worth. Otherwise, filing a lawsuit prematurely might cause the jury to undervalue your case.
If a settlement isn’t reached, your case moves on to the litigation phase. This is when a personal injury lawsuit is filed. Note that the filing of a lawsuit should be done before the statute of limitations for your case is up.
Both parties investigate the other’s legal claims and defenses. Your personal injury attorney in St George Utah will send interrogatories and document requests to the other party in addition to taking depositions of witnesses.
Mediation & Negotiation
At the end of the discovery phase, both sides will generally start talking about settlement. Negotiations can happen through your attorney, or both clients (along with their lawyers) may go through mediation to resolve the case with the help of a neutral third party.
Going to Trial
If the parties cannot come to an agreement during the mediation, the case goes to trial. Personal injury trials can last for days, weeks, and even longer. In addition, it’s best to be prepared for delays, as trials often get pushed back even for the simplest reasons.