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Personal injury claims include motor vehicle accidents, slip and fall cases such as falls on sidewalks, in stores, restaurants, or other premises, products liability for defective or unsafe products, professional negligence such as the negligence of a doctor or dentist, and other incidents that result in injury to the person. Personal injury may also include an injury to your reputation such as defamation when someone states something false about you to another person. It is important to retain a qualified personal injury attorney to represent you.

We want you to know what happens once you have entrusted your personal injury claim to us.

First we conduct a thorough investigation of your claim. This investigation will include obtaining all of the documentation of the incident and your injury, photographs and videos, as well as contacting any witnesses and obtaining their statements. We may consult with your treating physicians to determine your prognosis for recovery. We will also seek to determine if there is any insurance coverage and the amount of the coverage.

After completing our initial investigation, if we deem it appropriate we will contact the representative for the other party’s insurance company to attempt to settle the claim before filing a lawsuit. You must have completed your medical treatment and been given your prognosis by your physician before we can negotiate a settlement on your behalf. We will not settle the case without your authority.

If we are unable to reach a settlement, we will prepare and file a complaint against all potentially culpable defendants and place summons for service on the defendants with the sheriff. This initiates the lawsuit.

The defendants have a period of time to answer the complaint after they are served with the summons and complaint, usually thirty days. The defendant may answer the complaint or file a motion to dismiss if they believe they have grounds to defeat the lawsuit at the early stages. If the court denies the motion to dismiss, the parties are at issue and the case proceeds in court.

The parties then initiate discovery. This is a process of investigation where each party may obtain information from the opposing party and any witnesses on their behalf that may be used at trial. Discovery takes the form of written interrogatories, production requests, and requests to admit as well as oral discovery that consists of taking testimony of all parties and witnesses via deposition. We work hard to prepare you and make you comfortable when you give your deposition during discovery.

During the course of discovery it may be necessary for each side to retain a paid expert witness to testify on some aspect of the case. For instance, we may have to obtain an expert witness to testify that your injuries are permanent, or that the product you were injured by was defective, or that the defendant physician was negligent. The expenses for experts testifying on your behalf will be paid out of your recovery according to your contract with us.

After discovery is completed the judge sets a trial date. The judge may also recommend mediation or a pre-trial settlement conference. The amount of time between the filing of the lawsuit and the actual trial date varies greatly depending upon the extent of the injury, the number of witnesses, the court calendar, and other variables. In many cases, the process takes a minimum of two years. Notwithstanding this, the parties can engage in settlement negotiations at any time and the case may be resolved to your satisfaction before trial.

You can be assured that we will work tirelessly to minimize the stress of the litigation and get your case to a swift and satisfying conclusion.

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