Law

Personal Injury Lawsuit: A Step-by-Step Guide

In most cases, people file a personal injury claim only once in their lifetime. Due to this, many people are unaware of how to file a personal injury claim or when they can expect to receive compensation. You may qualify for compensation if you suffer catastrophic injury due to negligence, such as a slip and fall accident or a traffic accident. This may be the path you take with your claim, usually with the assistance of a personal injury lawyer Wyoming.

If you suffer severe injuries without fault of your own, your lawyer may recommend you file a personal injury lawsuit. Personal injury lawsuits affect only your civil rights and do not have any bearing on criminal charges you may face. 

No one should be held responsible for costs incurred due to someone else’s negligence. To know what to expect if you decide to pursue civil litigation, you must understand the steps involved in a personal injury case.

Step One: Open Case

  • Obtain a Representation Agreement
  • See the police report
  • Send Representation Letters to all insurance companies involved by obtaining their contact information.

Step Two: Treatment Action Plan

  • The client reaches MMI (Maximum Medical Improvement) status. 
  • A monthly treatment plan report is sent to the client/attorney.

Step Three: Gather Records

  • Give your attorney a list of the health care providers who have treated you.
  • An attorney will obtain a copy of the payment summary.
  • The lawyer will get records of medical and billing information.

NOTE: The process often stalls here, but not because your attorney is asleep. Instead, there is a delay because legal records requests are processed by large bureaucracies and take time to process. It is advisable to have patience during this step!

Step Four: Confer with the Records

  • The attorney will review all documentation. 
  • The attorney will draft a detailed demand package and submit it to the negligent party or insurance company.
  • Experts may be obtained by an attorney if necessary.

Step Five: Negotiation and Mediation

  • Attorney will negotiate to get the best offer for you.
  • Push mediation
  • In preparation for mediation, your lawyer will explain what to expect.

Step Six: Settle & Close

  • Sign a Settlement and Release Agreement form to receive a check from the insurance company ahead of time.
  • After settlement, your attorney will send you a distribution fund sheet showing the total compensation and deductions.
  • Close Case

Congratulations! Your case has been settled! However, the case is not closed until the money is in the bank.

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