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Stages of Personal Injury Claims, Part Two

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Fortunately, most personal injury claims are “settled” in negotiations between two or more parties before a trial is necessary. However, in cases in which a trial is necessary to earn your compensation.

Here are the general stages of a potential legal case:

– Personal injury lawsuit – In rare cases in which a fair settlement cannot be negotiated with the insurance company, a lawsuit may be filed against it, and even this can encourage the insurer to agree to a reasonable settlement due to the expensive and time-consuming nature of their obligations to defend a lawsuit. If a counterclaim is filed, your attorney can respond to it on your behalf. – Discovery – “Discovery” is a legal process in which each party will investigate the other’s claims and defenses and may submit requests for interrogatories or necessary documentation. There will also be “depositions” in which you, the other party, and any witnesses are formally questioned about the accident and resulting injuries. – Mediation/arbitration – After most or all information is collected during the discovery phase, lawyers on each side can negotiate (“alternative dispute resolutions”) in a few ways: one is “mediation,” in which both parties and their lawyers meet with an agreed-upon mediator to help reach a settlement. If mediation does not result in a settlement, the parties may then move on to “arbitration,” which is a binding agreement with a final decision (unlike mediation) and requires a hearing and subsequent judgment from a neutral third-party. – Trial – If none of the above options result in a fair settlement for your injuries and losses, the case may be taken to trial, which can take as little as one day or as long as a few months. Remember that your attorney isn’t paid a dime unless you are, and the help of an experienced attorney is essential to ensure that your rights are protected and you can be fully compensated for your losses.

If you or a loved one has been injured in an accident due to another’s negligence, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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