If you’ve been injured in an accident—whether it’s an automobile accident, a slip or trip and fall
incident, a dog attack, or any other situation where another party may be liable—you might be in
for a lengthy process. Understanding what to expect from the moment your accident occurs to
the potential of your case going all the way to trial can help you navigate your personal injury
claim with confidence.
Immediate Steps After an Accident
The first and most crucial step after any accident is to seek medical attention. Whether it’s going
to the hospital, calling for an ambulance, or following up with a doctor, ensuring your health and
safety is paramount. After receiving the necessary medical treatment, your next step should be
to file a claim with the at-fault party’s insurance company.
In the case of a car accident, this means contacting the other driver’s insurer. For other types of
claims, it’s important to notify the responsible party in writing, requesting them to forward the
claim to their insurance company or claims administrator.
Settlement and Litigation: What You Need to Know
Many injury claims, particularly those involving car accidents, can settle without the need for
litigation. However, while settling quickly may seem tempting, it’s often not advisable. You won’t
truly understand the value of your case until you’ve completed your medical treatment or
reached maximum medical improvement.
There are exceptions, of course. If your injuries and damages clearly exceed the at-fault party’s
insurance policy limits, you might consider demanding the policy limits in writing before
completing your treatment.
When you’re ready to initiate settlement negotiations, gather all the necessary evidence. This
includes photos of the accident scene, visible injuries, and all related medical records and bills.
With this evidence, you can send a demand letter to the insurance company or claims handler
to begin the negotiation process.
If the other party denies your claim or you can’t reach a fair settlement, the next step is usually
to initiate litigation by filing a lawsuit. While many cases resolve before litigation, some require
this step to ensure fair compensation for your injuries.
The Litigation Process
Litigation begins with the filing of a complaint against all potentially at-fault parties. Each
defendant must be served with a copy of the complaint according to your jurisdiction’s rules.
Once served, defendants typically have a set period to file a written answer with the court.
Insurance companies and corporate defendants will hire lawyers to defend the claim. These
defense attorneys will send written discovery questions and requests for documents, which
you’ll need to answer. If you have a lawyer, they will guide you through this process and may
also send discovery questions to the defendants.
After the written discovery phase, defense attorneys often collect your medical records, even
those unrelated to the accident. They may even subpoena these records if necessary.
Next comes your deposition, which may take place at a lawyer’s office or via a video call. During
the deposition, you’ll answer questions from the defense attorney under oath. This stage is
crucial, as the defense will assess the strength of your case and your credibility.
Many cases are mediated after depositions, and some courts require mediation before a trial
date is set. Mediation involves a neutral third-party mediator who facilitates communication
between you and the defense, helping both sides work toward a potential settlement.
While many cases settle during mediation, others proceed to trial. You’ll likely know your trial
date months in advance, and some cases may even settle just days before or during the trial.
If your case goes to trial, your presence is required, and you’ll need to testify. Trials carry risks,
but if you and your lawyer believe that you can secure a better outcome than the final settlement
offer, it might be worth pursuing.
Final Thoughts
The steps outlined here cover the primary highlights of most litigated injury cases. Every case is
unique, and the process can vary. If you have a lawyer, they’ll handle many steps behind the
scenes, guiding you through each phase if your case goes to trial.
If you’ve been injured in a car accident, slip or trip and fall accident, or dog attack in Kentucky,
we are available to provide you with a free lawyer consultation for your case. We pride
ourselves in advocating for Kentucky residents injured because of another’s liable actions.
Don’t Wait, Call Tate! for your free attorney consultation today. Call us anytime at (502) 309-
9213.
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