Personal injury settlements help injured victims access financial compensation much faster than if their case went to trial. At Dennis & Winningham, we settle more than 9 out of 10 cases we accept. We credit our attention to detail and full command of the law for helping us negotiate favorable settlements for our clients. When successful, we obtain fair compensation for our clients without the stress of a trial.
Below, we look at the personal injury lawsuit settlement process. If you were hurt in an accident, reach out to our Chattanooga personal injury lawyers for a free consultation. We can answer your specific questions and provide practical tips to bolster your legal claim.
Steps in a Personal Injury Lawsuit
Each case is unique, but there are common steps in the process for most victims:
- Collect evidence about what happened. This starts early, usually at the scene of the accident. You need evidence to show what happened, which helps us assign fault. Start by taking pictures of the accident scene and speaking to witnesses. You should also ask the police to come out to the accident scene so they can create a report. If you are severely injured, you may be unable to move. That’s okay; call our office as soon as you can.
- Report the accident to your insurance company. If you were hurt while driving, then you should report the accident to your insurer, so they can open a claim. Provide them with basic information, such as the name of the person who injured you and the identity of their insurer.
- Receive medical treatment. Injured victims can receive compensation for medical bills and lost income, but you must make a reasonable attempt to get healthy. That means you should go to the hospital soon after the accident and explain where you feel pain. Follow your doctor’s treatment plan.
- Speak with a personal injury lawyer. A lawyer is a terrific benefit. They can handle your case from beginning to end and make sure you meet all deadlines. Schedule a consultation early.
- Analyze the evidence. Your lawyer will gather all the evidence to answer some basic questions: Who is responsible for this accident? How much are the injuries worth? You need to answer these questions before negotiating.
- File a lawsuit. This is a critical step, even if you hope to negotiate a settlement. Tennessee’s statute of limitations is only one year for most personal injury cases. (Tennessee Code § 28-3-104.) We file before the one-year period is up to preserve your ability to head into court if negotiations falter. Even if we file, that does not mean we aren’t trying to settle the case. We are simply protecting your rights.
- Make a demand for compensation. Our team starts the settlement process by demanding compensation from the defendant. We usually start high, which leaves enough room to come down during negotiations.
- Go back and forth. Negotiations take time. The other side will likely reject our demand and make a counteroffer. We must go back and forth, each side explaining how they view the dispute.
- Participate in mediation if necessary. Mediation can help the two sides resolve a legal disagreement. We might mediate if we feel both sides are close to finding a resolution. Any proposed mediation settlement is voluntary, so you do not have to accept it. But the mediator might have unique insight into how to resolve the dispute.
- Memorialize any settlement in a signed agreement. If we reach an agreement, then we memorialize it in writing. The terms include the amount the defendant is willing to pay, as well as our client’s agreement to waive any right to sue in the future based on this accident. This is a binding contract, and you should not handle your own agreement without a lawyer.
The above is an overview of the personal injury lawsuit process. Some cases are different. If a child is injured, then the court will need to sign off and approve a settlement.
Many people want to know how long the personal injury lawsuit settlement process takes. From start to finish usually takes around 12 months, sometimes longer.
When Does Your Case Go to Trial?
Negotiations are not always successful. We sometimes cannot find common ground with the defendant or their insurer. A trial before a jury might be necessary.
Helpfully, we usually have filed a lawsuit before the statute of limitations expires. We can continue with litigation, including discovery, where each side tries to uncover helpful information. You might sit for a deposition and answer questions under oath.
A case that goes to trial might take an additional year or even longer. The courts are usually jam-packed with cases, and you might wait a long time.
Call Dennis & Winningham to Speak with an Attorney
A Chattanooga personal injury lawyer is ready to meet for a free, no-obligation consultation. Dennis & Winningham can discuss how you were injured and where you are in the claims process. Some people call us from the hospital, while others try to handle their own case, only to call us when they feel overwhelmed.
Contact us by phone or online. Our firm helps those in the 37411 zip code and surrounding communities.
