When you’re injured in an accident, pursuing a personal injury claim is necessary to obtain the compensation you’ll need to pay for your recovery. While this process is often unavoidable, it can be intimidating for those who don’t know what’s involved. This overview outlines the basic steps of the claims process to help you feel better prepared.

The Process of Pursuing a Personal Injury Claim

1. Filing the Initial Claim

The first step involves consulting an attorney and providing them with the information they will need to file your claim. The attorney will ask you about the accident and review your documents to determine if a claim will benefit you and if another party is at fault for causing your injuries. This will involve asking you questions, reviewing the police report, and going over medical records.

2. Going Through Discovery

This is a process that allows one side in a legal dispute to request information from the opposing side. Sometimes, this is done through interrogatories, which is a list of questions that the opposing side must answer honestly.

Each side can also submit a request for documents and other items that are important to the outcome of the claim. Once your lawyer receives answers to his discovery request, he’ll have a better idea of the strength of your case.

3. Starting the Mediation Process 

The third step in pursuing a personal injury claim is to begin the mediation process, which provides an opportunity for out of court negotiations. Each side will present their side of the case and outline the supporting evidence and testimony they can provide. Essentially, this involves everyone putting their cards on the table, so both sides have a fair understanding of the case.

4. Arriving at a Settlement or Court Award

If it seems as though they will lose in a court battle, the defendant will usually offer a fair settlement. By doing this, they avoid the cost and time of a civil lawsuit, while also saving some money on what they would be ordered to pay in court. If they make an offer that the plaintiff accepts, this is called a successful settlement and the plaintiff gives up future rights to seeking compensation for the accident.

However, a settlement won’t always be reached. In that case, the attorney will file a complaint in civil court, which will start a lawsuit against the defendant. If the defendant loses the court case, they will be required to pay an award for damages to the plaintiff.

If you have been involved in an accident, filing a personal injury claim can help you recover compensation in the form of monetary damages. Charles H. Brower Law Corporation has been helping clients in Honolulu recover damages for accidents, work injuries, wrongful termination, and harassment for more than 40 years. In many cases, they’re able to obtain a settlement without having to go to court. To schedule an initial consultation, visit their website or call (808) 526-2688.