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How Does a Personal Injury Case Work?

On Behalf of | Nov 5, 2021 | Personal Injury

A personal injury case is intended to help an injured party recover financial damages to pay for medical expenses, lost income, reduced earning capacity, pain and suffering and more. If you or a family member is hurt due to another’s negligent actions you may pursue compensation for damages related to your injuries.

How Does The Personal Injury Claim Process Work?
The first step to recover damages after you are injured is to discuss your case with an experienced personal injury attorney who will start by asking you questions about the accident or incident that caused your injury. Your attorney will then gather evidence such as police reports and medical records to substantiate your claim, underscoring the importance of seeking medical care immediately if you are injured and, when warranted, filing a police report. Medical records, police reports, photographs of the accident scene, and witness corroboration provide evidence to support your personal injury claim.

After reviewing your case and the evidence uncovered, your attorney may move to settle the case before litigation if he or she believes a reasonable settlement is possible. Your attorney will send a demand letter to the negligent party or to their insurance company containing a presentation of facts about the case and a request for a specific amount of compensation. If the insurer or defendant is unwilling to pay the amount or negotiate a fair settlement, your attorney will file a personal injury lawsuit through the court system.

As part of a lawsuit, discovery begins where even more evidence and information will be gathered through depositions (interviews), written interrogatories (written response to specific questions), and requests for the production of documents as well as other discovery techniques such as dash cam footage in a car accident or other artifacts of evidence that support your case.

When the evidence gathered is compelling, it may be that the defendant or their insurer will agree to a favorable settlement amount when negotiating with your attorney. If not, the case will be decided by a judge or jury trial where all the evidence gathered and witness testimony will be provided in order to rule on your case.

Contact a Personal Injury Lawyer for Help Today

Everyone deserves high-quality legal representation from lawyers who are passionate about fighting for fair compensation for recovery and disability. When you are injured, it is important to work with an experienced attorney not only skilled in negotiation, but also a formidable trial lawyer to receive the maximum compensation for your injuries. Contact the West Des Moines personal injury lawyers of Loney & Schueller for immediate assistance at 515-416-4006.