Las Cruces and El Paso Personal Injury Attorney
The steps to a successful personal injury claim can seem daunting. We are here to provide you with trusted legal counsel every step of the way.
If you have been injured due to someone else’s negligence, you have a legal right to be compensated for your losses. You may know this already, but you may not have any idea as to how a personal injury case actually proceeds. At Lovett Law Firm, we are here to walk you through every stage of a personal injury case. Attorney Rob Lovett provides unparalleled client attention and will not only provide zealous legal representation but a level of client support you will not find other places.
What are the stages of a personal injury case?
A personal injury case can be broken down into the following stages:
- Treatment. Your health is the number one priority. Accident injuries can be severe and affect your health long into the future. Getting medical treatment will help mitigate the damage an accident has done to your body. Also, medical records will serve as evidence to support your personal injury claim. See your medical providers on a regular basis and follow all recommendations for follow up care. The type of injuries you have sustained and the level of treatment needed to address them will all be in your medical records that will be submitted to the insurance company. Make sure you keep records of all expenses related to your medical treatment including any bills from your providers, the cost of prescription medications, and the cost of medical equipment.
- Investigation. The investigation stage will often overlap with the treatment stage. To bring a successful personal injury case, the cause of the injury needs to be ascertained and proof must exist that a certain party was responsible for your injuries. During an investigation, your attorney, should you choose to hire one, will gather documents and review records relating to the accident. This can include reviewing accident reports, talking to expert witnesses such as accident reconstruction professionals, and talking to those who actually witnessed the accident itself. Your medical records, both past, and current, will also be reviewed. It is important to make sure an insurance company will not be able to use any past medical conditions or pre-existing injuries to undermine your claim later on.
- Negotiation. After you have reached maximum medical improvement and the investigation is complete, a settlement packet will be submitted to the insurance company of the liable party. The packet will contain documents supporting liability and showing the damages you sustained due to the accident. It will also demand payment from the insurance company. The insurance company will either respond by completely denying your claim, paying the full amount demanded, or, the most common outcome, provide a counteroffer in an amount below what you have asked of them. You may accept the counteroffer or reject and counter with another offer.
- Trial. If the negotiation process does not result in a settlement amount agreeable to all parties, the claim will most likely proceed to trial. A lawsuit will be filed and formal discovery will begin. This can take time and patience is important. Once your case goes to trial, a jury will be responsible for rendering a verdict. If the jury finds in your favor, they will decide the amount of compensation you deserve for your accident losses.
- Payment. Whether a settlement was reached or a jury found in your favor, the next step is the disbursement of funds. All liens and medical providers will be paid and so will your attorney fees.
Get an attorney that will be by your side at every stage of your personal injury claim. Contact us today.
Attorney Rob Lovett is here to fight for his clients. For over 25 years he has worked tirelessly to protect the rights of the injured. He will be there for you at a time when you need it most. Contact us today to schedule your free case evaluation.