Written By Chris Dolan and Allison Stone
Just in an Accident or Hired a Personal Injury Accident Lawyer? Here’s What Happens Next…
Nobody expects to get into an accident or get injured. If you or a loved one have been injured in an accident and needs help, its common to be stressed and uncertain about next steps. Here is some important information about what to do following an accident and what to expect after hiring a personal injury accident lawyer. Common questions may include: What does a personal injury lawyer do? How long does a personal injury car accident case take? Do I have to go to court for a personal injury accident case? The answer to these questions will depend on the facts of each case, but the following will give you a general picture of what is generally done and what to expect:
Accident cases and litigation is a process that takes time. There may be many steps in a lawsuit. Your personal injury lawyers will investigate your case and the incident. This may include gathering evidence, interviewing witnesses, and/or consulting with experts.
Information Needed to Resolve Your Case
Lawyers engage in negotiations with the defendant, their insurance company (and after the Complaint is filed, with the attorneys) throughout the case, at the appropriate time, depending on the situation.
Two main factors affect the value of your case: liability and damages. Liability is who is at fault. Damages are the amount of money to compensate you for the injuries you suffered. Damages are either “special,” the financial losses, or “general,” your pain and suffering. The following is important for resolution of a case:
- The Incident. The facts surrounding the incident are critical for an investigation and must be provided to your attorney. If a police report was filed, provide that or the report number.
- Your Injuries and Pain. Describe what parts of your body were hurt and your pain.
- Medical Records and Bills. Your attorneys will order your medical records and bills.
- Effect of Your Injuries. Pay attention to how your life has changed as a result of the accident.
- Effects of Injuries. Describe how your injuries have affected your daily activities.
- Evidence. Advise of any witnesses and take photos of the accident location, vehicles or property damaged or involved, and of your injuries.
Some Do’s & Don’ts
- Keep medical appointments and follow your doctor’s advice.
- Save documents related to the incident and your injuries and forward them to your attorney.
- Always be truthful about what happened and your injuries. Do not exaggerate and do not lie.
- Avoid posting on social media and discussing your case with others.
Stages Of a Case & What To Expect
- Pre-Litigation Matters Reports by agencies such as accident reports, hospital records etc., are obtained. Attorneys may attempt to resolve your case before filing a complaint.
- Alternative Resolution: Often, a form of alternative dispute resolution (“ADR”), such as mediation is used. For mediation, the parties meet with an agreed-upon neutral third party, a mediator, who assists in negotiating a resolution. If an agreement is reached, a settlement agreement or release is signed. This can take place at any time.
- Litigation: If your claim cannot be resolved informally, the lawyer will begin litigation by filing your Complaint with the Court. The Complaint is filed with the Court and sent to all parties, advising that you are suing for damages because of the injuries suffered in the accident.
- Discovery: Once the Complaint is filed and served, each party collects information from the other parties and witnesses to prove or disprove the allegations. There is written discovery, oral depositions, and a defendant can have an injured party examined by a doctor of their choice.
- Trial: The Court sets your case for trial. Often, it can take multiple years from the date of filing for a case to get to its trial date set by the Court. If the case cannot be resolved without going to trial, the attorney will begin trial preparation, which often includes hiring and deposing experts.
Our team of experienced attorneys and staff will work tirelessly to pursue the best possible outcome for your case. We understand the physical, emotional, and financial toll that a personal injury/death can take, and we are here to shoulder the legal burden so you can focus on your recovery.
Dolan Law Firm Additional Resources:
- San Francisco Car Accident Lawyer
- Los Angeles Rear-end car accidents
- Los Angeles Car Accident Lawyer
Christopher B. Dolan is the owner of the Dolan Law Firm. Allison Stone is a Managing Senior Trial Attorney in our Downtown Los Angeles office. We serve clients from the San Francisco Bay Area and California from our San Francisco, Oakland, Redondo Beach and Los Angeles offices. Email questions and topics for future articles to help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
