How to Reach a Settlement for a Personal Injury Lawsuit

san jose personal injury attorney

Personal Injury Attorneys Can Help With Your Legal Case

When you suffer an injury as a result of someone else’s carelessness or negligence, you have a right to be compensated. Most personal injury victims are unaware of the steps and processes that make up the personal injury settlement process. This post provides you with an overview of the steps you will take before your claim is settled.

Step 1: Consulting with an attorney

Following a personal injury, you need the expertise of a legal expert to advise you on such issues as:

  • Whether there are multiple parties at fault
  • Your legal options
  • The amount of compensation you should receive depending on the severity of the injuries

Our San Jose personal injury attorney will walk you through everything you need to know about personal injury cases.

Step 2: Case investigation

Your attorney will go ahead and independently investigate your claim, including the accident scene, photographs (if any), police reports, witness testimonies, your employment history, and so on. Your attorney will work with medical and accident reconstruction experts and specialists from other necessary fields. This helps them determine liability and come up with possible defenses.

Step 3: Demand

Your attorney will come up with a demand letter that lays out your case, damages, and liability. It may include things such as:

  • Medical bills as well as future medical care such as physical therapy
  • Pain and suffering
  • Lost wages
  • Loss of earning power
  • Loss of enjoyment of life

Before you get to this stage, you must have reached the maximum medical improvement. This is the point where no more medical treatment or attention can make you feel any better. Never seek to have your personal injury case settled unless your doctor states that you are at the MMI stage.

Stage 4: Filing a lawsuit

This and the stages that follow will only happen if the opposing party does not agree to settle your demand settlement amount upfront. Your attorney will file the lawsuit. Both parties will evaluate each other’s side of the case to gain a factual background. If possible, they go through a mediation process. If the case is still not settled, it goes to trial.

Stage 5: Trial

This is the last stage of a personal injury case. A decision-maker, either a jury or a judge evaluate facts, determines who is at fault, and awards damages.

Why is an Experienced Personal Injury Attorney Important?

It will be extremely difficult to negotiate for a favorable personal injury settlement without appropriate legal help. The Law Office of Farling, Hecht & Davis, LLP is a law firm that has a reputation for having some of the most knowledgeable San Jose attorneys. Contact us online or by calling (408) 295-6100 and have our Bay Area personal injury attorney discuss your legal options