From Accident to Compensation: The Stages of a Personal Injury Case

An Overwhelming Process

At Brownstein, Pearlman, Wiezer, Newman, & Cook P.C., we understand that personal injuries can have a profound impact on individuals and their families. Navigating through the legal process can be overwhelming, and that's why we're here to guide you. In this article, we'll provide an overview of how personal injury cases typically unfold, emphasizing the prevalence of settlements as a resolution mechanism. It should be noted that this article does not constitute legal advice. If you need legal counsel, you should consult with one of our attorneys directly.

Initial Consultation

The journey begins with an initial consultation, during which our experienced attorneys at Brownstein, Pearlman, Wiezer, Newman, & Cook P.C. assess the merits of your case. We delve into the details of the incident, gather relevant evidence, and evaluate the potential liability of the responsible party. This stage is crucial in determining whether your case has legal grounds for pursuing compensation.

Pre-Suit Settlement Negotiations

Needless to say, the primary concern is the health and well being of our clients. With that being said, after the clients course of treatment is completed, our office obtains and thoroughly reviews all medical records associated with the claim. Those records are then made part of a package wherein a demand for settlement is made. Once pre-suit settlement offers are made, they are conveyed in detail with the client, at which time we provide our professional opinion on whether or not the offer fairly and fully compensates the client. Should the client accept the offer, the case is settled and resolved. Should the client reject the offer, a lawsuit is filed.

Filing a Complaint

If we decide to move forward, the next step involves filing a formal complaint against the negligent party. The complaint outlines the facts of the case, legal theories, and the damages sought. The defendant is then served with the complaint, initiating the legal process.

a man and a woman are shaking hands over a table.

Discovery Phase

Once the complaint is served, both parties enter the discovery phase. This is a pre-trial process where each side gathers evidence, exchanges information, and deposes witnesses. Discovery aims to uncover the strengths and weaknesses of each party's case, laying the foundation for potential negotiations or trial.

Settlement Negotiations

Contrary to popular belief, the majority of personal injury cases reach resolution through settlements rather than proceeding to trial. During settlement negotiations, our attorneys engage in discussions with the opposing party to reach a fair and mutually agreeable resolution.

Settlements offer advantages such as a quicker resolution, reduced legal costs, and the ability to control the outcome.

a man in a suit and tie is holding a stack of books.

Mediation

In some cases, parties may opt for mediation to facilitate settlement discussions. A neutral third party, the mediator, assists in finding common ground between the plaintiff and defendant. Mediation provides an alternative dispute resolution method, allowing for more flexibility and control over the outcome compared to a court-imposed decision.

Litigation as a Last Resort

While settlements are the preferred outcome, some cases may not reach an agreement, leading to litigation. Litigation involves presenting the case before a judge and jury. The trial process includes opening statements, examination of witnesses, presentation of evidence, and closing arguments. Our skilled litigators at Brownstein, Pearlman, Wiezer, Newman, & Cook P.C. are prepared to advocate vigorously for our clients in court when necessary.

Judgment and Appeals

Following the trial, the court issues a judgment determining the legal responsibility of the parties involved. If either party is dissatisfied with the judgment, they may choose to appeal the decision. The appeals process allows for a review of legal errors or misapplications of the law during the trial.

a woman in a green coat is holding a black briefcase.

The Support and Expertise You Need

At Brownstein, Pearlman, Wiezer, Newman, & Cook P.C., our commitment is to guide you through the complexities of personal injury cases with professionalism and dedication. While every case is unique, understanding the general process from consultation to resolution provides insight into the journey ahead. It's important to recognize that settlements are a common and effective means of resolving personal injury disputes, offering a practical and efficient alternative to lengthy litigation.

If you or a loved one has experienced a personal injury, our team is ready to provide the legal expertise and support needed to pursue rightful compensation. Contact Brownstein, Pearlman, Wiezer, Newman, & Cook P.C. today to schedule a consultation and let us help you navigate the path to justice.

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