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Legal Blog

Steps Taken in Personal Injury Cases

What to expect when a personal injury lawyer takes your case

Steps taken in personal injury cases vary. In fact, most cases settle out of court. When negotiating a fair settlement, a personal injury lawyer with substantial experience can be invaluable. Furthermore, insurance companies are often more amenable to settling when they know a seasoned lawyer with a track record of winning cases is handling the claim.

Medical Treatment

If you are injured in an accident, getting medical treatment is a top priority. Not only is this vital for your health, but it also provides a medical record to use for your case. You should see a doctor right away.

When to Consult with a Lawyer

Unless damages and injuries are minor, you should speak with a lawyer as soon as possible. When you suffer from significant injuries or the other party is fighting you on the claim, an attorney can protect your rights. Other indications of needing legal counsel are when medical bills exceed several thousand dollars and when you miss more than a few days of work.

Establishing Negligence and Injury

Attorneys can gather information about the accident to establish whether the other party was at fault. They can also review medical records and bills related to the accident injury to estimate the extent of damages.

Demand Letters and Negotiations

Your attorney may be able to settle your case without filing a lawsuit. Sending a demand letter to the insurance company or the other party's attorney initiates the negotiation process.

However, prior to doing so, your attorney makes sure that your doctor says you have reached maximum medical improvement (MMI). MMI means you have recovered from the injury as much as possible and your treatment has ended. Waiting for MMI allows the attorney to assess the costs that were involved.

When Lawsuits Become Necessary

If attorneys cannot reach a fair settlement, they file a lawsuit. Negotiation may still occur at any time during the trial.

Strict time lines exist for filing a lawsuit, called a statute of limitations. If you wait too long, you can lose the right to pursue legal action. This is another reason why it is vital to have an attorney to advise you from the onset of your accident

Find Out More About Steps Taken in Personal Injury Cases

Our attorneys at Sackstein, Sackstein & Lee, LLP can answer your questions in a free consultation and determine whether grounds exist to sue. Call us at  516-248-2234 or 718-539-3100 or reach out to us through our contact form.


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