I Have A Case, What Is My Next Step?

Chances are you have already gone through the consultation process and it has been determined that you have a case. Perhaps your consultation was with another attorney or it was with us. If it was with another attorney, you are probably here looking for representation that you are comfortable with so you can get the results that you are looking for.

At Brotherly Law, we take the burden out of how to file a personal injury claim and the personal injury legal process. You are already under a lot of stress and don’t need more. There is also the fact that the legal system is highly complicated, but we know that system and how to navigate it in your case. You will always be informed of what the next step will be so you are not left in the dark and so you are properly educated to make the decisions that will inevitably come about.

Filing a Claim

If a settlement hasn’t yet been offered, there is a good chance it won’t be adequate when the offer is made. When filing a claim, the defendants and their insurance companies are served papers notifying them of the accusations. If the defendant hasn’t yet hired an attorney, right now is the time for them to do that. This is so they can respond with a document called an “Answer.”

The Answer is the defendant’s response to the claims made in the Complaint and indicates, to an extent, what issues are going to be fought about in the case. The defense attorney may also send a list of Interrogatories, which are written questions. These questions can be detailed, as they can cover your personal history, medical history, and employment history. They will want to know what injuries you are claiming and they will want a list of your bills and who has paid them.

The Interrogatories are highly detailed because the defense wants as much information as possible to build their defense. They use the information to try and discredit the claims of the plaintiff. Nonetheless, depositions follow this where your attorney is able to question the defendant and you as a part of the discovery process. The defense is able to do the same. All questions are asked and answered under oath.

Defense Medical Examination

After the depositions, the defense may choose to send you to a doctor that they choose to see if the defense’s doctor comes to the same conclusion as your doctors. The doctor is normally hired by the insurance company or the insurance company’s attorney. The doctor they choose could testify at trial. Depositions of doctors may need to follow.

Settlement

After the discovery process is over, a report is sent to the insurance company and this is where the insurance company decides what amount to settle for. This is where your attorney may need to directly negotiate with the defense attorney. What the parties usually do is agree to mediation, which is where both sides sit down with a neutral third party who tries to get the parties to agree. The mediator can’t force anyone to do anything, but they must be there to keep the process going.

Personal Injury Trial

If a settlement can’t be reached, we prepare you for trial. We go through your testimony with you, ask you questions that you will be asked or are likely to be asked. We also make sure witnesses come and testify. All of the evidence you have will be presented in trial in order to show what happened. All trial proceedings follow a very strict order to ensure that everything is thorough and we will guide you through all of those steps so you don’t have to worry about all of the technicalities.

Let Our Qualified Attorneys Take Care of How to File a Personal Injury Claim for You

It is great news when you learn that you have a legitimate personal injury claim, but then there is the process that is ahead. At Brotherly law, we can tell you what the next step is going to be and what to expect from that step. You will learn about the entire claims and lawsuit process, but that doesn’t necessarily mean that you will have to see any time in a courtroom. To learn more about what we can do for you, call us at (215) 545-8500 or contact us online to schedule a free consultation.