If you’ve been involved in an accident caused by someone else, you could be entitled to compensation for your losses. Accidents can be life-changing events that result in significant personal, professional, and financial hardships.
Faced with medical bills, lost income, and mounting expenses, many accident victims are forced to file a personal injury lawsuit against the at-fault party. This process can be stressful, but understanding the general steps in the process can help make things easier for accident victims.
While each case is unique, the same procedures are followed in all personal injury cases. Here’s an overview of the timeline of personal injury cases from the perspective of a personal injury lawyer.
The Accident & Immediate Next Steps
The timeline starts on the day of your accident. For many victims, this is a chaotic and overwhelming day. Knowing what to do in the immediate aftermath of an accident can help improve your prognosis and set you up for success in a personal injury case.
Here are our recommendations for what victims should do immediately following an accident:
- Seek medical attention. Your priority after an accident is getting the medical treatment you and others need. If anyone needs immediate medical care, call 9-1-1. Otherwise, you can visit the emergency room, an urgent care center, or your primary care physician once you leave the accident scene. Sometimes, the adrenaline and shock mask pain after an accident. Because of this, you should always seek medical treatment after an accident. This will help identify and treat all injuries. It will also provide important documentation for your personal injury case.
- Report the accident. It’s important to officially report all accidents. If you’re involved in a car accident, this means reporting it to law enforcement. If you’re in a premises liability accident, this usually means completing an incident report. Whatever the circumstances of your case, make sure you officially document the accident and complete all relevant accident or incident reports.
- Document the accident scene. If you’re able, take pictures and videos of the accident scene. This documentation is often key evidence in personal injury cases.
- Get the name and contact information of others involved in the accident. This includes getting their full name and contact information. In car accidents, you should also get their insurance information.
- Get the name and contact information of any eyewitnesses. Witnesses can play a big part in personal injury cases. If someone saw your accident, get their information so your lawyer can contact them.
- Take notes so you can remember any details. Immediately after an accident, everything is fresh in your mind. While you can still remember details, write them down. Your memory will fade with time, but notes can help provide important information. Your notes can also serve as evidence in your case.
Contact a Personal Injury Lawyer
As soon as possible after an accident, contact a personal injury lawyer. Many accident victims wait until later in the case to see if a lawyer is necessary. While it’s true that you don’t need a personal injury lawyer after every accident, it’s always a good idea to consult with one.
Personal injury lawyers offer a free consultation. In this free consultation, you can discuss your case. If it’s not a case where a lawyer can add value, the attorney will let you know and give you some advice in handling your case. If it is a case where a lawyer can help, your lawyer can get to work right away.
This means less work and stress for accident victims. Notably, the Insurance Research Council (IRC) found that hiring an attorney after a car accident results in settlements that are 3.5 times larger than those in cases without a personal injury lawyer.
Regardless of whether or not you hire a personal injury lawyer, it’s helpful to schedule a consultation with a lawyer immediately after an accident.
Investigation & Gathering Evidence
If you do hire a personal injury lawyer, your attorney’s first steps will be investigating your case and gathering evidence.
This process will include:
- Gathering police reports
- Finding and reviewing video footage or surveillance footage of your accident
- Interviewing you to get as much information as possible about your accident and injuries
- Working with expert witnesses
In this stage of the case, your lawyer’s priority is understanding what happened, determining who is responsible, and gathering evidence to support your claim.
Submit a Demand Letter
After gathering the necessary evidence, your lawyer will submit a demand letter to the at-fault party. If an insurance company is involved, your lawyer will submit a claim and demand letter directly to the insurance company. If not, the demand letter will go to the at-fault party.
The demand letter will lay out the facts of your case, including who is responsible and the amount of your damages. After submitting a claim for damages, your lawyer will negotiate with the insurance company or at-fault party’s lawyer.
In many personal injury cases, the parties can negotiate and reach a reasonable settlement. If so, that’s the end of the case. If not, your lawyer will have to file a personal injury lawsuit on your behalf.
File a Personal Injury Lawsuit
If the at-fault party is unwilling to make a fair settlement, your lawyer will file a personal injury lawsuit against them. Under the Ohio statute of limitations, this must be filed within two years of your accident.
Here are the steps involved in an Ohio personal injury lawsuit:
- The victim, or plaintiff, files a lawsuit against the at-fault party
- The at-fault party, or defendant, files an Answer
- The parties engage in discovery, where both sides gather and share evidence
- At the end of discovery, the parties usually attempt to settle the case
- If the case can’t be settled, it will go to trial, and the jury will decide the case
Once a personal injury lawsuit is filed, the case can take anywhere from a few months to a couple of years to resolve.
Contact a Sandusky Personal Injury Lawyer
How long a personal injury case takes depends on the facts of each case. However, all cases follow the general process discussed above. A Sandusky personal injury lawyer can give you an estimate of how long your personal injury case will take.
To discuss the specifics of your case, contact a Sandusky personal injury lawyer by calling us at 419) 625-7770 at Wisehart Wright Trial Lawyers.