Last Updated: September 27, 2024
Have you recently suffered an injury that was someone else’s fault? If so,you may be thinking about pursuing a personal injury claim against them and wondering what that process entails. Here’s what you can expect at each stage of your case— and how an experienced personal injury attorney can guide you through it and help you be successful.
What Will Happen After I Retain an Attorney for my Injury Case?
Pursuing a personal injury claim is often a complex legal process, but it doesn’t have to be. Here’s what you can expect when you’re ready to meet with a prospective personal injury lawyer in Washington, D.C.
The Initial Consultation
The first step in the personal injury process is meeting with an experienced personal injury lawyer who can review the circumstances of your situation. During your initial consultation, an attorney will evaluate your claim and outline your legal options for pursuing compensation for your injuries. Simeone & Miller offers free initial consultations, so there’s no risk in learning more about your options from a lawyer who understands your goals.
Investigation and Medical Care
Once we are retained, Simeone & Miller will get to work investigating the accident that injured you, looking for evidence that shows what happened and who was to blame. This might involve recovering traffic or security camera footage of the incident, interviewing eyewitnesses who saw what happened, and poring over police reports and other documentation. At the same time, we will assist you in obtaining medical care for your injuries, which can be challenging, particularly if you do not have health insurance. We will also research and record all of the deadlines in your case and make sure claims are set up with every potentially responsible party.
Settling Your Claim for Maximum Value
After your treatment is complete, we will review your case with you to determine the full value of your claim. We will go over your medical treatment, out-of-pocket expenses, lost income, and the pain, suffering, inconvenience, and stress that you endured as a result of the accident. We may consult with financial and medical experts to understand the long-term consequences the accident may have on your future. Combined with what we learned during our investigation, we can confidently attempt to settle your case to obtain the compensation to which you are entitled without a lawsuit, if possible. We will then take the lead on settlement negotiations and present every offer to you and advise you as to whether any offer received is reasonable. Ultimately, the decision to settle is yours, but we will provide you guidance on how strong any offer is.
Filing a Lawsuit
Most cases settle without a lawsuit, but if we are not successful in settling your case without filing a lawsuit, filing one is always an option. This can occur not only if the other driver or their insurance claims that the accident was your fault, but also if they accept responsibility, but make an offer that is too low. We will draft and file the lawsuit, serve it on the responsible party, and begin the litigation process. A case may settle at any time after a lawsuit is filed – including up until trial.
Pre-Trial Procedures – Discovery
One of the most time-consuming aspects of a lawsuit is the discovery phase. During discovery, both sides share their evidence with each other to narrow the scope of the trial. Discovery can include interrogatories, depositions, requests for production, and requests for admissions. An experienced attorney is key at this point in the case.
Settlement Negotiations
Most successful personal injury cases get settled outside of the courtroom. Your attorney may negotiate with the other party to reach an agreement that allows you to get paid without having to go to trial. If you and the defendant come to an agreement, you will drop your lawsuit in exchange for the agreed-upon compensation. If the other party refuses to negotiate or you cannot agree on a settlement amount, your attorney can bring your case before a judge or jury.
Trial
During a civil trial, both sides present their case, which can include a presentation of physical evidence; testimony from the parties, eyewitnesses, and experts; and cross-examination of those witnesses. Once both sides argue their case, the judge or jury reviews the facts, deliberates, and renders a decision. If they find in your favor, they will also determine the amount of compensation the defendant owes you.
Post-Trial
Either party may appeal if they believe that there were procedural errors during the trial. If your case is successful and there is no appeal or all appeals have been exhausted, you can collect the judgment awarded by the court and disburse those funds to pay your attorneys, satisfy any outstanding medical balances, and receive your share of the recovery.
Let an Experienced Personal Injury Attorney Help You
Navigating the Washington, D.C., legal system can be tricky. Don’t get overwhelmed by the personal injury claim process. Instead, contact Simeone & Miller, LLP, and get help from a seasoned Washington, D.C., personal injury lawyer, at no upfront cost to you.
