FAQs

Typically, your lawyer will consider a few critical questions in deciding whether you may have a case. These questions usually focus on the evidence, if negligent behavior cased your injuries, and if you suffered harm:

Is any evidence that the party responsible for the accident was careless or reckless?

For example, if you were hit by a drunk driver or a driver who ran a red light, this may be evidence of negligence that means you have a case for a car accident injury.

Did this negligent behavior cause your injuries?

This could require showing that none of your injuries would have happened if the other party had not behaved negligently and caused the accident.

Did you actually suffer harm?

Medical expenses, lost income, and pain and suffering all help satisfy this element of a personal injury claim.

Ultimately, to know whether you may have a personal injury case, you should contact an experienced personal injury lawyer like Michael J. Brennan to discuss your accident and whether you may have a case. Get started with your case review, today.

Hiring a Lawyer  

Consulting an experienced personal injury lawyer is often the most essential step of the personal injury case, which may determine your potential claim’s success. After hiring an attorney, your lawyer may discuss your legal options and may begin to investigate the accident and gather evidence to support your claim.  

Pre-Lawsuit Negotiations  

Before filing a lawsuit, your lawyer may negotiate with the insurance adjuster to settle your claim without the need for filing a lawsuit, especially in cases where your injuries are relatively minor, and the other party’s liability is clear. 

Filing a Lawsuit

Unless the insurer agrees to a settlement, your lawyer may then file a personal injury lawsuit to seek any compensation you may be entitled to. Depending on the nature of your accident, each state establishes legal time limits, called a statute of limitations, which sets forth the time frame you have in which to file any potential lawsuit. 

Discovery Phase

After filing a lawsuit, the discovery phase will generally begin. Your attorney will request evidence and information from the other party or their insurer while answering questions and requests for information or evidence received from the other party. 

Settlement/Trial

After the discovery phase ends, your lawyer may negotiate with the other party or insurer to potentially reach a settlement and avoid trial. This negotiation phase may involve offers and counteroffers between the sides until a settlement is reached. If the insurer does not agree to an acceptable compromise, your lawyer may take your case to trial.

Depending on the timeline for your recovery, your case may be delayed as you learn more about the extent of your injuries, the estimated cost of your medical expenses, the need for future treatment, and other related factors. If the accident was minor and your injuries were not severe, your case may take less time to settle. Generally, your lawyer may not make this settlement demand or take your case to trial until you have reached your point of maximum medical improvement (MMI) to ensure you receive the compensation you deserve.

How Complex Your Case May Be

The complexity of your case often impacts the length of time your claim may take. For example, if the accident was fairly straight-forward, and the other party admits fault for causing the accident, their insurer may agree quickly to a fair settlement offer. However, more complex cases may take up to one or two years or even longer to resolve. Other factors that may make your case more complex include if there are multiple parties potentially liable for your injuries, complicated insurance issues, or medical malpractice, which may require expert witnesses to review your case.

The length of your case may also be impacted by how willing the other party’s insurance company is to cooperate with your attorney in negotiating an acceptable settlement offer to avoid the time and expense of a trial. If your case goes to trial, it may often take months to get a trial date set, while the actual trial may only take one or two days or as long as one or two weeks. Finally, if the trial result is appealed, your case may take even longer before you can receive compensation.

How Long Does a Personal Injury Case Take?

Personal injury cases are generally unique and may not always follow the same timeline as other injury claims. Generally, it may take just a few months to settle your case, or it may take as long as two years or even longer. Each case may vary, primarily based upon the extent of injuries and the complexity of your case.

The Importance of A Personal Injury Lawyer 

If you have been injured in an accident, the aftermath can be confusing as you attempt to recover from your injuries while also trying to figure out your next steps. You may also be trying to figure out whether you will need a lawyer or whether you may be able to handle your claim by yourself. In many cases, your best option may be to speak to a personal injury attorney about pursuing a lawsuit for any compensation you may be entitled to as a result of your accident.

Importantly, it is almost always a good idea to at least consult with an experienced lawyer to better understand your legal options and to decide whether you should hire an attorney to help you pursue your claim. Further, there are also individual factors that may increase the need for you to hire a skilled personal injury lawyer to give you the best chance of successfully seeking the compensation you may deserve.

Some key factors that indicate when you need a personal injury attorney include:

There are multiple parties involved in the accident

Many accidents, such as a multi-vehicle collision, may involve multiple parties, making it more challenging to prove who is at fault for the accident and liable for your injuries. Here, a skilled lawyer may be able to investigate your accident and gather evidence proving which party or parties may be responsible for the accident. Meanwhile, your lawyer may also often find other parties who may be liable for your injuries, such as the other driver’s employer in a car accident or the manufacturer or retailer who sold the vehicle with defective brakes.

Liability may be difficult to prove

In some cases, liability may be more difficult to prove, as there may not have been any witnesses, and there is not much available evidence from the scene of the accident. In these situations, the other party’s insurer will almost certainly attempt to blame you for the accident and avoid liability for your injuries. An experienced lawyer may be able to help you avoid taking the blame for the accident while helping you gather the necessary evidence to pursue compensation from the other party.

You were seriously injured

If you were seriously injured in the accident, you should immediately contact a lawyer as soon as possible. Your lawyer can handle your case while you focus on recovering from your injuries. Meanwhile, hiring an attorney may be crucial in helping you prevent extreme financial distress for your family. Cases involving severe injuries may often be complex as you will need to thoroughly prove the extent of your damages and the medical expenses you have incurred as well as the cost of any necessary future treatment.

If any of these factors apply to your accident, it may often be worth it to hire a lawyer. You should contact an experienced personal injury lawyer like Michael J. Brennan to take advantage of his years of experience to help you pursue any compensation you may be entitled to.

How to Choose the Right Personal Injury Lawyer for You

There are often several helpful steps to take when deciding which lawyer may be the best fit for your needs. You may contact each attorney and ask several key questions, such as:

• How many cases like mine have you handled before, and how many have you won?
  • Many personal injury lawyers practice in multiple areas, but you should make sure the attorney has experience handling several cases similar to yours before. Often, experience in the specific location, especially more complex practice areas like medical malpractice, may help the attorney be more aware of the law’s nuances.
• Do you think I will win my case? If so, how much do you think it may be worth?
  • Any attorney will often answer this question vaguely. However, an experienced lawyer should be able to offer you some broad estimate on your possible chances for success on your claim and may also help provide you with a rough estimate for how much your case may be worth.
• Who will handle my case? Will it be you or some other attorney in your office?
  • You should always be sure to know who exactly will be handling your case. In many law firms, especially the larger firms, your case may be handed to a more junior associate.
• How much trial experience do you have?
  • Trial experience is often crucial in personal injury cases, even though most cases never reach trial. Often, insurance companies will respect lawyers with trial experience more while offering lower settlement offers to attorneys with less trial experience or who may seem too eager to avoid trial.
• How much will I owe you?
  • Finally, you should always be sure to understand the fee structure with your attorney before you hire them. Personal injury attorneys usually work on a contingency fee basis, which means they will be paid a certain percentage of the compensation they help you receive