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The Process of a Personal Injury Case Explained

If you have suffered a personal injury due to someone else’s negligence whether it be a vehicle accident, truck crash, dog bite, or slip and fall, you have the right to take legal action.

Why Take Legal Action After a Personal Injury?

Some people believe legal action can be unnecessary or represents a harsh response to someone else’s negligent action or omission. When you are faced with lost wages, increasing medical bills, and/or life-long effects due to your injuries and when insurance companies refuse to treat you fairly or even try to dupe you into signing a Release, you may be left with no choice. You deserve compensation for your damages. 

We know that the process of taking legal action can feel daunting. None of our clients explore legal representation without a lot of thought and consideration.  That’s where we come in. At The Richards Firm, we only handle personal injury cases, and we only represent injured people, not employers or insurance companies. We will walk you through each step of filing your personal injury claim and lead you through the process.

Working with an experienced personal injury lawyer near Cincinnati will help you navigate the process smoothly. For a glimpse at what that process will actually look like continue reading below:

The Timeline of a Personal Injury Case

  • The Accident or Injury Occurs

Of course, this will be the event that triggers your need to make a personal injury claim. Whether you were injured as the result of a car, truck, or motorcycle accident, dog bite, slip and fall, or some other accident, you have the right to file a personal injury claim if that event and injury were caused by someone else’s negligence.

  • Seek Medical Attention

Your health and recovery are of the utmost importance. You should seek medical treatment right away from the medical providers of your choice. The legal process can wait until after you ensure you are safe and healing. Additionally, seeking medical treatment will help document your injuries. You should avoid gaps in time between treatments and consistently visit your medical providers to help your recovery. 

  • Find a Personal Injury Lawyer

You can make the call to The Richards Firm any time after the accident. We offer a free consultation to cover the details of your injury and determine the best course of action. 

  • Investigate The Claim 

This is often referred to as an intake process. We will thoroughly interview you and gather as many details about your injury or accident as we possibly can. It is incredibly important to give your lawyer as much information as possible and don’t try to hide any information at any point in time.  We will begin to gather whatever information is pertinent to properly assessing your claim.

  • File Your Claim

Once we have all the necessary information, we will begin to evaluate your personal injury claim. Depending on the type of accident that caused your injury, the claim is generally filed with the at-fault person’s insurance company. We may attempt to negotiate a resolution of your case, and we may have to file a lawsuit on your behalf. You will know what’s going on with your case at every step. 

Once you are done treating and we have gathered all of the necessary information to prove your claim, we will send a demand letter laying out the details of your claim and the compensation you are requesting. 

Most personal injury claims eventually resolve much to our chagrin because we love trying cases. Settlement or resolution means that we are able to come to an agreement with the insurance provider to receive the agreed-upon settlement as compensation. If a settlement can’t be agreed upon, the claim will need to be filed into court. 

  • Personal Injury Lawsuit

The initiation of an accident injury lawsuit commences the “litigation” phase of your personal injury claim. Now, instead of negotiating your claim directly with an adjuster from the insurance company, there will be defense counsel appointed to represent the Defendant who will be the primary point of contact for the at-fault party throughout the process.

  • Discovery

Discovery is the process in which each party investigates the other party’s legal claims and defenses.  The parties may engage in written discovery as well as depositions.  

  • Mediation and/or Arbitration

Once all or most of the information from the discovery has been collected, both sides’ lawyers will generally start trying to reach a settlement again. This process is known as alternative dispute resolution. Sometimes the lawyers can settle a case just by talking among themselves, sometimes they can’t. Many area courts have their own mediation programs or departments to facilitate that conversation. 

  • Personal Injury Trial

Finally, if a settlement cannot be reached using all the above options, the case will go to trial. Personal injury trials can vary in length from days to weeks. At the trial, much of the information that has been gathered through discovery (physical evidence, interrogatories, depositions, photos, witnesses, etc.) will be presented to a jury for them to decide on the settlement amount.

Personal Injury Lawyer in Ohio

More often than not a personal injury claim is resolved with a settlement, but that won’t always be the best course of action. If your claim goes to trial you will need an experienced trial lawyer to represent you. 

Rhys Richards of The Richards Firm has extensive experience both in negotiating settlements and representing injured parties in trials. 

If you have been injured in an accident, contact The Richards Firm today.

We can be reached at 513-868-2731, ext. 219 or visit us at  

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