What Next? A Timeline of an Injury Law Case

What Next? A Timeline of an Injury Law Case

Your client has approached you about filing a claim for injury and suffering. As you are not a personal injury specialist, you may have concerns that you are not adequately equipped to manage the unfamiliar jargon and paperwork as well as deal with the necessary insurance companies. It can be a daunting process. 

Unfortunately, time is not on you or your client’s side since some states have a statute of limitations of just two years. This means that if you wait too long, your client forfeits their right to receive fair compensation for their injury.

Let’s take a quick look at how an injury lawsuit works from start to finish so that you can effortlessly file a claim on behalf of your client today.

Step 1: Use SEND A CASE

The first step in a successful claim is to start your client’s case off right by using Send A Case. With our app, you can refer your client’s claim in as little as under 90 seconds. Backed by Morgan & Morgan, the largest personal injury law firm in the U.S., you can be rest assured that your case is in good hands.

Once your client’s claim has been referred, the next step is identifying the right attorney. At Send A Case, we take the guesswork out of hiring an attorney and make your decision a cinch by pairing you with a legal team that has expertise in your client’s type of injury.

Step 2: Onboarding

Next is the onboarding phase, where we’ll get to know your client and a bit more about your client’s case. We’ll dig deeper into the details of your client’s case and review any relevant documents, such as your client’s insurance policy.

Step 3: Opening the Case

From there, we officially open your client’s case and get to work requesting documents from third parties such as police reports and emergency room discharge forms. We’ll also work with your client’s insurance company and the defendant’s insurance company to find out details about coverage and policy limits to get an idea of how much your client’s claim is potentially worth.

Step 4: Sending a Demand Letter

Once we have all the information and documents needed to make your client’s case as strong as possible, we send a demand letter to the responsible party’s insurance company. This letter gives an overview of the facts of your client’s case, the injuries your client suffered, associated costs and a “demand” for payment.

Step 5: Settlement or Litigation

At this stage, the opposing party can accept the terms of the demand letter -- known as settlement -- or can counter-offer their own terms. If the parties are unable to reach an agreement, your client’s claim will continue on to the litigation phase. At any point in the litigation phase, the parties can agree to settle as well. Bear in mind that an overwhelming majority of cases settle out of court.

If your client’s case doesn’t settle and the litigation phase is initiated, your client’s claim will move through pleadings, discovery and resolution.

Step # 5: Pleadings

The first step in the litigation process is the pleadings stage.The pleadings phase is when your client’s lawsuit is filed (stating your client’s allegations) and any defenses your client may have (counterclaims and defenses). This can be construed as the official start to your client’s claim.

In pleadings, the language used and the accuracy of legal concepts is critical.  Don’t run the risk of trying this yourself and lose out on a potential award because of terminology misuses or typos!

At Morgan & Morgan’s Send A Case, we use our specialized knowledge and years of experience to create compelling pleadings that will maximize your client’s chance for the highest payout possible.

Step # 6: Discovery

Next, your client’s claim moves on to the discovery phase. The discovery step is the process where both the plaintiff and the defendant can "discover" facts and information from each other that are related to your client’s claim. 

Typically, the discovery process includes:

  • Interrogatories (a written set of questions that your client answers with the help of our attorney);
  • Depositions (live questioning by our attorney and the defendant's attorney)
  • Document production (where your client hands over requested documents).

Again, the discovery phase requires specialized knowledge, and lawyers not well versed in personal injury law who attempt this phase themselves may unknowingly reduce their client’s chances of success.  

That's where Send A Case comes in. Our team of personal injury attorneys is backed by the largest law firm in the country, and we have the resources needed to get you and your client paid fast.

Step # 7: Resolution

Once discovery is complete, our attorneys will meet with the defense in the resolution stage. 

First, they will decide whether to settle, meaning that one party compensates the other for their tangible or intangible damages. Many cases end in a settlement, but if your client’s case doesn’t, the matter will go to trial. 

Suppose this happens. Both parties would argue their case before a judge and possibly a jury, who would ultimately determine whether the defendant is liable for your injuries.  

This process can take months or even years because of the overwhelmed court system.  

However, whether your client’s case settles or goes to trial, our experienced Morgan & Morgan legal team will cover you and your client each step of the way. We'll take care of the heavy lifting to maximize your client’s chances of success.  

If the judge rules in your client’s favor, the defendant will be ordered to pay damages to your client. We make getting paid quick and painless so that you can receive your referral fee and your client can receive their settlement with direct deposit. No more waiting weeks for a check in the mail.