Understanding the breakdown of your personal injury claim is beneficial to both you and your attorney. This will help you better understand the timeline of your claim. The four phases of your claim are as follows: investigation, recuperation, negotiation and litigation. The four “-tions“ (as we like to call them) are the pillars of your claim. Once you have an understanding about these phases, you will then be able to determine for yourself where you are in your personal injury claim. It should be noted that the length of each phase varies from case-to-case and that no phase has a specific timespan.
Investigation
At the inception of your claim, your attorney begins the investigation phase. This pupae is important for a number of reasons. Your attorney will gather the relevant facts of the incident, notify all relevant parties and then make a determine of liability. This phase includes initial intake forms, representation letters to relevant parties and insurances, gathering photos of the scene and obtaining the accident report (if any). This phase is the starting point of your personal injury claims process which then likely establishes a road map for your medical care.
Recuperation
The next phase is the recuperation phase. This will likely be your longest phase. During recuperation, you will be evaluated by (various) medical professionals, which is all based on your injuries. This phase may last weeks, months and sometimes, even years. Throughout recuperation, you may receive x-rays, MRI’s, scans, surgical consultations (which may lead to surgery) and other appropriate medical care. Recuperation may seem long to most people but, as your law firm, we truly care about your recovery.
Negotiation
As the recuperation phase ends, your attorney will start putting together the necessary information to begin the negotiation phase. This phase involves the ongoing discussions between all parties involved to try to reach an amicable resolution. During this phase, your attorney will highlight the facts of this claim, the medical care you received and any other relevant information needed to resolve your claim. This process may take weeks to months, and again, sometimes even years.
Litigation
Should no resolution be reached during the negotiation phase, your attorney may initiate the litigation phase. Litigation is the final phase in your claims process. You and your attorney will discuss the various issues that are left unresolved and discuss a plan of action. During this phase, your attorney will sue the at-fault parties for the damages you sustained as a result of their negligence. Throughout this litigation phase, more negotiation may take place or you may go all the way to trial and try to reach a verdict in your favor.
Conclusion
These are the four “-tions“ of your personal injury claim. This is just another important topic for you to learn as you go through your personal injury claims process. To learn more, or to speak to our attorney for a free consultation, call us today!