A personal injury claim begins with an accident. In the stages that follow, the victim hires a personal injury lawyer who conducts an investigation and makes a settlement demand. The attorney may need to file an injury claim and take the case through a personal injury trial if that demand is not met. A Denver personal injury attorney from Zara Injury Law guides accident victims through all steps in a personal injury lawsuit.
Stage one: The aftermath of the accident
The accident and its immediate aftermath represent stage one of a personal injury claim. Staying as safe as possible is paramount, so only move if you can do so without causing further injury. Otherwise, gather evidence by taking pictures of the scene and your injuries, and exchanging information with other involved parties and witnesses.
Get medical treatment quickly, even if you do not need emergency care. Your injuries may be more serious than you realize. Prompt diagnosis, treatment, and documentation of those injuries also support your claim.
Stage two: Hiring an attorney
As soon as you have assured your medical safety, reach out to a personal injury lawyer. Zara Injury Law offers free case reviews. At the initial consultation, you can explain what happened and learn whether you have a case. Once someone hires a personal injury lawyer, the attorney begins preserving evidence and protecting their rights.
Stage three: investigating your accident
Our personal injury lawyers will undertake a thorough post-accident investigation. We will find out what happened and who is to blame, and gather evidence to prove that party’s negligence.
We will access police reports, speak to witnesses, and examine all details of the accident. Zara Injury Law works with accident reconstruction experts and other qualified professionals who may provide critical support for your claim.
Stage four: Settlement negotiations of a personal injury claim
Your attorney will evaluate all losses stemming from your accident to put a value on your claim. The extent of your injuries, amount of lost wages, other expenses, and the depth of your pain and suffering all affect its worth. Then we will send a demand letter to the at-fault party’s representation.
Usually, the other side responds with a lower settlement offer. Your attorney will give you guidance on whether to accept or reject it. Many times, those return offers are too low, and your attorney will engage in continuing negotiations until both sides agree on an amount.
Negotiations often result in a settlement agreement, but sometimes, negotiations fail. The other side may stall discussions or only make lowball offers. Your attorney will explain your options to you, and you may decide to take your personal injury case to trial.
Stage five: File your claim
You must file a personal injury claim within the legal deadline to preserve your right to fight in court. Your attorney may file earlier, even before negotiations, to let the other side know you are willing to go to court to get justice. Sending that message may prompt better settlement offers.
For car accidents, the Colorado Revised Statutes 13-80-101 sets a three-year deadline. For medical malpractice and other types of negligence, the deadline is two years. Claims against government entities have special rules, including a notice deadline as short as 180 days, according to the Colorado Office of the State Controller.
Connecting with a personal injury attorney quickly helps ensure you file against the appropriate party before the deadline arrives.
Stage six includes the phases of the trial
After your lawsuit is filed, you enter the pre-trial phase. During this phase, each side can file pre-trial motions, perhaps to have certain evidence declared admissible or inadmissible. The at-fault party may even file a motion to have your case dismissed. Your attorney will be prepared to challenge these motions.
Pre-trial includes the discovery phase. Each side shares its evidence with the other. Evidence can include medical records, expert reports, witness statements, and other information. Witnesses may also be deposed and interviewed under oath during this phase.
During the actual trial, each side presents arguments and evidence before the court. The judge or jury will ultimately render a verdict in one side’s favor. Our fierce personal injury attorneys will provide aggressive, effective representation at every proceeding.
The final stage
The last of the steps in a personal injury lawsuit occur post-verdict. If the jury awards you compensation, your attorney will pay off any liens on that award and take their fees. Then, you will receive your payment. The case is closed upon your receipt of payment.
Either side can appeal a decision against them. If the trial verdict is not in your favor, your attorney can help determine if there are grounds for an appeal and explain that process to you.
We can take your claim through all stages of the process
Zara Injury Law is here to offer support and advocacy through all stages of a personal injury case. Accident victims like you can count on us for experienced, effective representation. Call us at
(866) 823-8288 or contact us online to request your free consultation.