The Case Process: A Timeline

Personal injury cases take time. As you stay focused on your recovery, your case team is working on winning your case. If you’re wondering what to expect over the coming months, here’s what you should know. 

First things first. 

After an incident, there are two things that must happen as soon as possible. Firstly, a police report must be filed. Insurance companies require this to process your claim and most states require you to file a police report within 24 hours of your accident or injury. 

Secondly, be sure to file a claim with your insurance company. Most states have time limits for filing with your insurance company in order for them to pay you, usually 30 days. You might not be eligible for a recovery if you don’t file within that time frame. 

Here’s what happens when you contact us at Morgan & Morgan. 

You’ll talk to a case consultant about what happened to you. 

You can start the process by submitting a form online, texting us, or giving us a call. A member of our team will ask you a few questions about what happened to see if the event qualifies for a claim. They’ll check to make sure you have “damages”, or costs you’ve incurred because of the injury. This could be medical expenses, lost wages, or the inability to do things you used to enjoy. 

It’s also important to check that someone else was partially responsible and that no laws exist that would stop the claim from being filed. 

You’ll sign a retainer agreement. 

This is a contract that formalizes the attorney-client relationship. It includes information about how fees work (at Morgan & Morgan, you only pay if we win) and also information about your rights as a client. 

You’ll meet your legal team. 

A team will be assigned to your case that includes an attorney, paralegal, and case manager. A member of your team will get in touch with you to talk you through what you should expect. At this point, another, more in-depth review will be done on your case. The team will contact your insurance company and the insurance of those being sued to see what policies and coverage are available to cover what you’ve lost. 

The defense is notified of your legal representation. In some cases, this second review uncovers facts that mean we are unfortunately no longer able to proceed with the case. If that happens, we’ll always get in touch. 

The case gets built. 

This starts with gathering all of the evidence to support your case. That could mean pictures from the accident, emails from your boss, or receipts from the restaurant where the injury happened. This also includes insurance documents, medical records, medical bills, and other expenses. 

Your legal team will also begin their investigation. This could include getting the police report, talking to eye-witnesses, and collecting security camera footage. 

Throughout this time, be sure to follow the advice of your healthcare team, keep all records, and a daily journal that tracks your pain. Whatever you post on social media should accurately reflect the state of your health and avoid saying anything about your case. 

We fight for you. 

Once your attorneys have all the information, we’ll create a strategy to negotiate with your insurance company or the people responsible for your injury. For most cases, settlements are reached at this stage, before going to trial. 

You (may) attend a few meetings or appointments. 

Each case is unique, as is its strategy. Depending on how the defense approaches the case, and whether or not you go to trial, there are a few meetings you may be required to attend. 

A deposition is a meeting where you’ll give sworn testimony outside a courtroom about what happened to you. You’ll be asked some questions by the other side’s attorney and a court reporter will be there to take notes. You may also be asked to attend mediation meetings where a neutral third-party mediator joins you and the defense to attempt at coming up with a fair settlement. In some cases, you may also be asked by the defense to schedule a doctor’s visit to document your injuries. 

Your legal team is always there to support and advise you on how to best approach these meetings. 

The case (sometimes) goes to trial. 

If you and your lawyer aren’t happy with the offers being made, you can choose to go to court. Remember that cases take time. While a trial can sometimes take months, or even years, it is also a chance at a much higher recovery. A typical personal injury trial takes between 7-10 days. 

You get paid. 

While no amount of money can amount to what’s been lost, a settlement or verdict can help you recover some of it. You’ll receive a closing statement which breaks down your award, the attorney fee, and any costs involved in the case. After you sign it, a check or direct deposit is sent your way. And good news, these awards are tax free! 

Justice has been served.  

Congratulations! You’ve made it to the end. While this can feel like a long process, your legal team is there with you every step of the way and is ready to answer any questions you may have.