Some people may not realize the devastating effects that a car accident or other incident can have. Some accidents can be life-changing, causing lasting pain or disabilities that interfere with one’s ability to work or enjoy life.
“The burden becomes proving not only that the incident caused the injury but also that it had a significant effect on the victim’s life,” explains C. James Williams III, principal at Burnett & Williams, a leading personal injury law firm based in Richmond, Virginia.
What is used in a personal injury case
Medical evidence is one of the most important aspects of any personal injury case. Physician statements, diagnostic tests, medical treatments, and rehabilitation plans are necessary to prove that there is an objective injury and that it is linked directly to the accident. This medical evidence is also instrumental in demonstrating to the adjuster or jury the extent to which the injury has impacted the victim’s life, as this will determine the amount they receive in the settlement or award.
During the investigation and court proceedings, both sides often call on expert witnesses to evaluate the incident, the victim’s injuries, and any other elements that may be disputed. From the defense side, a doctor may be called to testify to the severity and cause of the injury, while mechanical experts might be called to explain the malfunctions that happened in a vehicle that caused the incident, or structural engineers to explain any building hazards. The testimony of these expert witnesses can strengthen a case, painting a clearer picture of the liability in the situation.
Some cases also involve accident reconstruction. Using photos, diagrams, and sometimes even advanced simulations, the conditions of the accident can be recreated with precision, detailing the circumstances leading up to, during, and immediately following the incident.
“Especially in car accident cases, accident reconstruction is a crucial process that can help establish fault, demonstrate the mechanics of the injury, and challenge opposing narratives,” says Williams.
Although it’s sometimes possible to handle all these steps alone, it’s typically not advisable, particularly if the injuries are severe or the property damage is extensive.
“In most situations, you want to have a skilled and experienced personal injury attorney on your side,” Williams asserts. “They will handle all of these processes on your behalf, allowing you to focus on what matters most: recovering from your injuries. Additionally, insurance companies will often try to lowball you with offers that are less than you deserve if you attempt to go solo. Personal injury attorneys will fight to get you what your case is actually worth.”
The process of a personal injury lawsuit
That being said, it’s essential to note that a personal injury case is a lengthy and complex process. “Sometimes, it takes years for a lawsuit to be completed due to the extensive work involved in the process,” Williams explains.
The steps of a personal injury case are:
- Initial consultation: During this first step of the process, a legal team will meet with you to discuss your injuries, the incident timeline, and any negligence that may constitute liability. They will also explain your legal rights, possible outcomes, and next steps.
- Investigation: If you choose to move forward with hiring an attorney, they will gather evidence, including accident reports, medical records, and witness statements. Then, they will evaluate damages, including medical bills, lost wages, and pain and suffering, communicating with the insurance company to protect their client’s interests.
- Filing: Before the statute of limitations expires, the attorney will craft a demand letter and complaint. They will work towards a settlement agreement with the insurance company, and if a settlement is not reached, they will file the lawsuit.
- Discovery: After the legal process begins, both sides will exchange information in the form of depositions, document requests, and, occasionally, additional medical examinations. These records ensure both parties have access to the necessary information for the lawsuit.
- Negotiation: In many cases, attorneys and insurance companies prefer to avoid trial if a settlement can be reached. Because of this, there are ongoing negotiations between your personal injury attorney and the insurance company to attempt to get a fair settlement. There may also be attempts at mediation or arbitration to avoid going to court.
- Settlement/Trial: If a settlement is reached, the attorney will present it to their client and assist them in ensuring that all relevant legal documents are properly written and signed. If the case goes to trial, the attorney will prepare exhibits, witness lists, and expert testimony and present them in court to the judge and/or jury.
- Post-Trial: If a settlement is reached or an award is given in court, the attorney will assist in collecting and disbursing awarded damages. If not, and an appeal is necessary, they will begin the appeals process. Attorneys often also offer support for long-term client needs and follow-up issues.
Indeed, a personal injury case is a complex and extensive process, especially if it ends up in court. “If you have been seriously injured in a car accident or other incident, don’t make the mistake of accepting a lowball offer from the insurance company; consult a personal injury attorney for your best chance at getting what you deserve,” Williams concludes.