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The Entire Personal Injury Case Process, A to Z

Written by
Abraham Jaros
|
Updated on Friday, Oct 20, 2023

There are two phases to a personal injury case: pre-litigation and the litigation phase. While some people try to handle the pre-litigation phase themselves, this is never advised.

The pre-litigation process starts with a demand letter. Your personal injury attorney sends a demand letter to the appropriate insurance agency outlining your damages and demanding that they pay them.

The insurance company generally responds with a Reservation of Rights letter. This letter states that a claim may not be covered under a policy. This isn’t a denial; it’s more a formal reminder that the insurance company might deny the claim after completing its own investigation.

This generally brings us into the negotiation phase. This is where 92% of personal injury cases get solved.

The lawyer makes your case for why the accident was the other party’s fault, for what your damages are, and why the insurance company should pay exactly what you asked for.

The insurance company tries to blame you for the accident, or at least increase your percentage of negligence. They try to state that their insured wasn’t responsible for whatever reason, or that the claim is someone else’s problem. They do this to try to lower the value of the claim, or to get out of paying entirely.

Eventually, both sides generally wind up at a figure that is somewhere between the best-case scenario and the worst-case scenario. If you agree to accept the settlement, that’s it, the case is over.

Incidentally, this is why you shouldn’t accept the first offer that comes down from an insurance company. Sometimes they offer a lowball offer. They hope you’ll sign it and take it, knowing you can never press the claim again.

If both sides can’t come to an agreement, then the case enters the litigation phase. Your lawyer files a lawsuit and begins pretrial discovery. This allows the lawyer to receive any evidence that’s in the possession of the defendant. The lawyer then tries again to convince the other side to settle.

If they absolutely will not settle, or settle fairly, then the matter ends up at trial. A jury decides whether you are entitled to a settlement and how much the other party should have to pay.

Trials are risky and unpredictable. You might get a lot more than your lawyer requested during the settlement phase, but you might get a lot less, too…or nothing at all. Nevertheless, if you’re working with a skilled litigator there’s nothing to fear.

Assuming you win the trial, you would then receive your award. In some cases, the defendant tries to appeal the decision, at which point there will be a few more trips to the courthouse before the matter is dealt with.

There’s nothing easy about dealing with a personal injury case, but our team works hard to make sure you’re getting the best representation possible at every step of the process.

If you’ve been injured in an accident, don’t wait. Reach out to our law office today.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

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You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.

Get the help you deserve

Contact us today and start your free consultation. You can also text or call Abraham Jaros directly at 917.842.9544 or email him at ajaros@lawjaros.com.

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