Each year, millions of individuals are harmed nationwide in personal injury incidents. This number tends to suggest many of us will, at one time or another, sustain some type of personal injury. The term “personal injury” can be described as a physical and/or emotional harm experienced as the result of a negligent or intentional act, and its impact can be life-altering.
If you have been injured as a result of a personal injury incident, it may be important to seek legal representation as soon as possible to understand your legal options and ensure your case is handled fairly.
The Swanson Law Firm has experience and can represent you in the following types of personal injury cases:
Timeline for Personal Injury Cases
The time required for a personal injury case to fully resolve varies, as every case is unique in its own way. For example, some injuries can require little medical treatment as pain and symptoms resolve in a few months, while other injuries can require extensive medical treatment that is long-lasting.
Contained below are the stages a personal injury case will normally go through:
Initial Consultation.
During your initial consultation, we will evaluate the facts surrounding the accident and determine three important factors:
(1) the individual or entity responsible for the accident; (2) whether there is an insurance policy that applies; and (3) the nature and extent of physical injuries sustained as a result of the accident.
Investigation.
The investigation process is where we gather and review evidence that establishes and otherwise supports our claim identifying the party responsible for the accident.
Treatment.
One of the most important tasks an injured party should do in any personal injury claim is seek and obtain medical treatment. The length of treatment largely depends on the severity of the injury.
Demand.
Once a client has completed the process of receiving necessary treatment, a formal demand is made wherein we demand compensation for physical injuries sustained by the client.
Settlement Negotiations.
During this stage, we begin engaging in the negotiation process with the insurance company or attorney representing the other side, in an attempt to obtain a fair and just compensation award.
*Lawsuit.
In the event negotiations fail, and we are unable to reach an agreement as to an appropriate settlement award, a lawsuit will be filed. If settlement negotiations are successful, your case ends after compensation is received.
*Discovery.
This can be a lengthy process once a lawsuit is filed, however, this stage is extremely important. During discovery, the parties are able to gather evidence through various methods including interrogatories, requests for production of documents and other things, depositions, etc.
*Mediation.
Mediation can serve as an alternative to going to trial. During this stage, parties are able to discuss and argue the strengths and weaknesses of their claims to a neutral mediator in order to reach an agreed upon settlement award.
*Trial.
If mediation is not successful, the case will move forward to trial. At trial, all parties will be able to present evidence supporting and defending their claims, in an attempt to secure a favorable verdict from a jury. Very few personal injury cases ultimately end up going to trial.
*Stages noted with an asterisk are not required in every single personal injury case.
Allotted Time to File a Personal Injury Claim
Personal injury claims are subject to certain time constraints. These constraints are often referred to as the “statute of limitations.” Simply explained, there is an established time limit in which an individual is allowed to sue for a personal injury claim. The time clock, with very limited exceptions, begins running on the date the accident occurred. In Missouri, a person has 5 years from the date of the accident to file a lawsuit. In Illinois, however, a person only has 2 years.
No Fee Unless You Win
While searching for an attorney to handle your personal injury claim, you may hear or read something to the effect of, “no attorney fees” or “we don’t get paid if you don’t get paid.” This is because most personal injury attorneys work on a contingency fee basis.
A contingent fee is defined as a fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court. Simply stated, you do not pay attorney’s fees unless your attorney wins your case.
Contingency fees are usually calculated as a percentage of the client’s net recovery. Unlike other personal injury firms that charge a higher contingency fee in general, or charge a higher contingency fee based on the type of personal injury claim, our firm charges a flat 33.3% contingency fee. This means regardless of whether you have a claim stemming from a trucking accident, premises liability claim, dog bite, etc., our firm will only charge 33.3% to represent you in the pre-litigation claim.
Schedule Your Free Consultation Today
If you or a loved one have been injured as a result of a personal injury incident, it may be important to seek legal representation as soon as possible to understand your legal options and ensure your case is handled fairly. Our firm has the requisite experience and knowledge to make a significant impact in your case and ensure you receive the compensation you deserve.
Call us at (314) 492-2380 or send an email right away, to schedule your free consultation.
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