The Process of Achieving a Catastrophic Injury Settlement

After a serious injury, you may find yourself in financial trouble due to all of your medical bills and the fact that you haven't been able to work. If this is the case, you should hire an injury lawyer as soon as possible, so you can get the wheels turning on your settlement. There will usually be several weeks to several months that pass before you see any money from your case. Here is an overview of how the injury settlement process works.

First of all, you must find an injury attorney to represent you. This means you will need to set up an initial consultation. Even if you already have a general attorney on retainer, it is a good idea to use a specialist to represent you in an injury case.

When you have met with a few lawyers and decided which injury lawyer you want to use, make sure you understand the financial terms completely before you sign any paperwork. Your injury lawyer will probably work on a contingency fee, but be sure to find out if you will be responsible for any fees in the event the lawyer loses your case.

Once your lawyer has agreed to represent you, he must begin gathering information on the events and put together a solid case. He must prove the other party was at fault and review your medical records as well as any police reports that were filed. He may conduct witness interviews.

When your injury lawyer feels confident of his case, he will notify the responsible party about your intentions to sue for compensation. To avoid a lawsuit, the party may agree to enter talks to reach a settlement. The legal team on the other side is then given time to do their own investigation. This process can take several more weeks.

When the responsible party acknowledges they are at fault and agrees to work out a compensation amount, negotiations begin. This is usually a long drawn out process, as the other side will work to pay out as little as they can. Negotiating must follow certain protocols and procedures involving offers and counteroffers.

If the other party refuses to acknowledge blame or if the two legal teams cannot reach an agreement on the settlement amount, your injury lawyer will take your case to court. If your injury case goes to trial, it may be several more months, or even years until your injury case is settled and you see any money.

Catastrophic injury cases require more extensive preparation for trial and require more expert witnesses, which lengthens the process and escalates the expenses. When the trial has concluded and a verdict is reached, then you must settle payment with your injury lawyer. If your case is successful, your law firm will take a certain percentage, usually 33%, from your award. If your case is lost, you may or may not be required to pay your lawyer for expenses according to your initial agreement.

Collecting on an injury is a long drawn out process. You usually won't see any money for quite some time. It is always your choice, not the choice of your injury lawyer, whether you accept a settlement offer. You may decide to take a lower amount just so you can get your money quicker and avoid a lengthy trial.