If you were injured in an accident caused by someone else’s negligence, understanding what happens after you file a personal injury claim can make the process less overwhelming. At Langdon & Emison, an Independence, Missouri, personal injury lawyer will guide you through the major stages of a personal injury case and what to expect along the way.
Stage 1: Initial steps and consultation
The first stage for accident victims is to seek proper medical treatment for their injuries. It’s important to document those injuries right away, as early records can strengthen your personal injury claim.
The initial consultation
After an accident, you should contact an experienced personal injury lawyer. The process begins with a consultation, where you’ll explain what happened, discuss your injuries, and learn about your legal options. Your legal team reviews any available information, including medical records, police reports, photos, and witness statements, to determine whether you have a valid claim.
Investigation and evidence gathering
Your legal team will begin gathering evidence and evaluating liability. This may involve:
- Reviewing police and incident reports
- Interviewing witnesses
- Collecting photographs and surveillance footage
- Consulting medical experts or accident reconstruction specialists
The goal is to establish who is responsible, the extent of your injuries, and document the damages you’ve suffered.
Stage 2: Attempting to resolve the case without a lawsuit
Once the investigation is complete, most cases enter this stage.
Demand and settlement negotiations
After the investigation is complete and you’ve reached a point of maximum medical improvement, your lawyer will calculate the full value of your losses. A formal demand package may be declared. This package outlines the evidence of the defendant’s negligence and details the compensation you seek. This demand opens the door to settlement negotiations with the at-fault party’s insurance company.
Insurance companies rarely accept the initial demand, and they may respond with a low settlement offer or a denial of the claim. This begins a negotiation period during which the personal injury lawyers use the gathered evidence to pursue a fair settlement on behalf of the injured party.
Stage 3: Litigation
If settlement negotiations fail because the insurance company refuses to offer fair compensation, the next stage is to file a personal injury lawsuit.
Filing the lawsuit and discovery
When the lawsuit is filed, the litigation process formally begins. The defendant is served with the complaint, and they must file a formal answer with the court. Then the case enters the discovery phase. Discovery is the formal pre-trial process in which both sides exchange information and evidence. This typically involves:
- Interrogatories: Written questions one party sends to the other
- Requests for production of documents: Formal requests for documents, records, and other tangible evidence
- Depositions: Out-of-court, sworn testimonies given by parties and witnesses
In cases involving medical malpractice, product defects, or complex liability issues, discovery can include detailed expert reports explaining how negligence caused your injuries. This stage can take several months to more than a year, depending on the court’s schedule and the complexity of your case.
Pre-trial, mediation, and trial
After discovery, the court may order mediation, where a neutral third party helps both sides work toward a settlement. Many personal injury cases resolve during this stage, saving time and avoiding the stress and uncertainty of a trial.
If mediation doesn’t lead to an agreement, the case moves forward to a personal injury trial. At trial, our attorneys present evidence, question witnesses, and make arguments before a judge or jury. The defense has the same opportunity to present its case. The court then determines whether the defendant is liable and, if so, the amount of compensation you are entitled to.
Navigating the steps in a personal injury lawsuit
The steps in a personal injury lawsuit can feel overwhelming, but having the right legal team on your side makes a difference. Your attorney will guide you through each stage, explain your options, and handle the details so you can focus on recovery.
At Langdon & Emison, we take care of the process from start to finish by communicating with insurance companies and preparing your case for trial if needed. Staying organized, keeping thorough medical records, and staying in touch with your attorney can all help build a stronger case and lead to a better outcome.
Get help from our Independence, Missouri, personal injury attorneys at Langdon & Emison
Every injury case is unique, and the timeline can vary based on factors like the complexity of your injuries, the number of defendants, and how cooperative the insurance company is.
If someone else’s negligence has injured you or a loved one and you’re ready to pursue justice, contact our personal injury lawyers today at (866) 931-2115 or contact us online for a free consultation. Our experienced attorneys proudly represent accident victims throughout Missouri and are committed to fighting for the compensation you deserve.