A Personal Injury Case: The Process
When you suffer a personal injury as a result of someone else’s negligence, you may be entitled to some sort of compensation. In order to receive this compensation, the law firm of McShane & Brady will file a lawsuit on your behalf.
What is the process of a personal injury case?
First, you will meet with our injury attorneys, who will evaluate your case and evaluate their ability to represent you and the likelihood of winning compensation that is in your best interest.. You will need to share the details of your accident with us. We will then assess your case to determine whether you are legally entitled to damages. This first meeting, called a consultation, is free.
If you decide to allow us the privilege of representing you, McShane & Brady will take your case on a contingency basis. This means that you pay no money up front. We only get paid if we can settle your case.
After signing your contingency contract, McShane & Brady begins the work on your case. Along the way you will be in contact with our team of attorneys, paralegals and legal assistants.
We will begin by obtaining any necessary information from you or police records that will help us find who to file suit against. Once we are able to find that information, we will send a letter directly to that person or their insurance depending on the nature of your case.
If necessary, the second step in our work is to collect medical records from health care facilities that you visited after your accident. This can only happen once you have completed your treatment at each facility.
After collecting medical records and billing information on your behalf, McShane & Brady will begin drafting a demand letter. This letter will serve as an opportunity for the defendant to begin negotiations to settle the case before filing suit with the court. At McShane & Brady we like to think of negotiations as on-going after this demand letter is sent. Every case is different but there is a chance that your case will settle without having to involve the court.
Should the defendant not be willing to negotiate or settle pre-suit, we will file with the court.
When it becomes necessary, we will draft a petition, which is a legal term for the papers that are filed with the court to begin a personal injury lawsuit.
Once the petition is filed, we will begin the process of discovery. This is where each side tries to find out as much information as they can about the incident. This will include getting medical records and bills, police reports, witness statements, and any other information that is relevant to the case.
As part of the discovery process, you may be asked by the other side to give a deposition. You will be asked a series of questions by the opposing lawyer. Some questions will be about the incident while others may be about your personal history.
Often times, personal injury cases will settle out of court. One of the ways this may happen is by usinga mediator.
A mediator is an attorney that will serve as a “go-between” both parties. This experienced attorney will help both sides come to an agreement
If no agreement can be made, the case will be set for trial and will be decided by a jury. Because courts are very busy, a trial date could be months away.
Many personal injury attorneys, including McShane & Brady, agree that it is often better to settle the case before trial than to go through is lengthy process. However, we are always willing and able to take a case to trial should that be necessary.
At McShane & Brady we are committed to our clients and their cases. We strive to go above and beyond every step of the way. If you or anyone you know is in need of a personal injury attorney feel free to contact us on our website or give us a call at (816) 888-8010