I Have Filed A Personal Injury Claim. Now What?
Once you have suffered the shock, indignity, pain, and outright inconvenience of a car accident, the first step is to determine the status of your physical well being, as well as those in your car and any other cars involved. If you have suffered any personal injuries as a result of the car accident, you likely have filed a personal injury claim. Once you have taken that step, a whole new set of options presents itself as to what to do next. Here are a few different scenarios and how they may play out-
- a settlement offer is made- in this case, if your attorney makes an assessment of the economic worth of your case, or, in other words, how much he or she thinks you are likely to get for a claim, and the opposing side’s insurance company offers that amount, you have a choice. If you decide to settle for that amount, then the case is done. You will receive the agreed upon amount and the case will not go to court. If, however, you reject the settlement offer, you may still pursue the claim and take it to court to see if you can get more for your personal injury.
- You reject a settlement offer and pursue a claim- in this case, a lawsuit will be initiated on your behalf against the person or people you believe are responsible for causing your personal injury, and damages will be sought to compensate you for that injury. The process of litigation can be a long one. A discovery phase will be initiated, wherein both sides request and receive as much information as is allowable and admissible to potentially argue the case before a judge or jury. After the discovery phase, depositions begin, wherein each side’s attorneys question and take sworn statements from the plaintiff, defendant, and potential witnesses from both sides. Once the deposition phase is over, pretrial motions begin. Here, each side will raise the issues and grounds upon which they wish to either build their case, or dismiss the plaintiff’s claim entirely. If the case is not dismissed, and all issues are answered by each side, then each side will have the opportunity to settle the case outside of court, whether through arbitration, mediation, or other means. Only then, when all options have been exercised and rejected, will the trial move forward.
- You arbitrate- Arbitrations can be binding and non-binding, but regardless of which type of arbitration is chosen, a trial is taken off the table so the parties can try and come to an agreement based on an impartial arbitrators ruling. If the arbitration is binding, it cannot go to court. If it is non-binding, both sides may still initiate a claim, the process will typically start over from the beginning.
- Mediation- this is similar to arbitration, but it allows both sides to try and come up with an agreement on their own to settle a claim, facilitated by an impartial mediator.
No matter which option is chosen, it is important to have the representation and consultation of an experienced personal injury lawyer that understands the grounds of the claim, the circumstances of the claim, the legal maneuvers and tactics to initiate and watch out for, as well as how to operate effectively in a trial setting. If you are in Los Angeles or Orange County, California and have suffered from a personal injury due to an auto accident, contact the California Attorney Group for the best personal injury lawyers with extensive experience in this field.
