Our Cincinnati Attorneys Outline The Steps In A Personal Injury Claim
At Minnillo Law Group Co., LPA, we have served personal injury victims in the Cincinnati metro area, including Northern Kentucky, for over 25 years. Our attorneys have the experience and dedication needed to guide you through the personal injury claims process. We offer clear communication without legal jargon, transparent fees, and personalized solutions. We provide free consultations and handle personal injury cases on a contingency basis, ensuring you focus on recovery without having to worry about legal fees while we work for your fair compensation.
While no two personal injury cases are alike, there is a process you must follow under the law. Here is a brief overview of the step-by-step process of seeking compensation from the party that caused your injuries.
Initial Investigation
The first step in any personal injury claim is a thorough investigation. After you contact us and we meet to discuss what happened to you, our legal team will work diligently to determine what happened, identify the liable party, and accurately assess your claim’s value. This might include gathering police reports, interviewing witnesses, and compiling your medical bills. In more complex cases, we may collaborate with experts, preserve evidence, and analyze medical records to strengthen your case.
Filing The Insurance Claim And Settlement Negotiations
Once we have built a robust case and you have reached maximum medical improvement, we will file an insurance claim on your behalf. Our attorneys will handle every aspect of your claim and the ensuing settlement negotiations. Most cases settle during this phase, as we present solid evidence to show the other party’s negligence. But if a reasonable settlement is not possible yet, we proceed to the litigation phase.
When Litigation Becomes Necessary
Sometimes, filing a lawsuit is necessary, especially if the insurer refuses a fair settlement or if the statute of limitations is near. Our legal team will monitor deadlines and guide you through the lawsuit process, ensuring your rights are protected.
Discovery And Pretrial Process
During discovery, both sides exchange evidence and information. This phase is crucial for building a strong case by revealing evidence that your lawyer might not have had access to otherwise. Meanwhile, settlement negotiations often continue, as insurers may increase their offers upon realizing the legitimacy of your claim and in an effort to avoid the risk of going to trial.
Written discovery begins with detailed questions about the incident, your injuries, medical treatment and other relevant facts. These questions must be answered under oath, making them powerful tools for establishing key facts. Simultaneously, requests for the production of documents allow access to medical records, accident reports, photographs, witness statements and any other evidence related to your claim.
During this phase, we also utilize requests for admission, which ask the opposing party to admit or deny specific facts. This process helps narrow the issues for trial and can establish important elements of your case. Employment records, pay stubs and benefits documentation help prove lost wages and future earning capacity, while medical records and bills document the extent of your injuries and treatment costs.
Depositions provide another vital avenue for gathering evidence. These formal questioning sessions under oath allow attorneys to interview witnesses, medical providers and other parties involved in the case. Expert witnesses may also provide testimony about liability issues or the extent of damages. This testimony proves particularly valuable as it can reveal inconsistencies in the opposing party’s version of events or strengthen the foundation of your claim.
Pretrial motions address critical legal and procedural issues that could affect your case. These might include motions to exclude certain evidence, establish legal principles that apply to your case, or even resolve portions of the dispute through summary judgment. Each motion requires careful preparation and strong legal arguments to protect your interests.
Throughout discovery and pretrial proceedings, settlement negotiations often intensify. As evidence mounts through document production, testimony and expert analysis, insurance companies frequently reassess their position. The strength of evidence gathered during discovery, combined with compelling witness testimony and expert opinions, often motivates insurers to increase settlement offers rather than risk trial. We evaluate each offer against the total value of your claim, including current and future medical expenses, lost income, pain and suffering, and other damages. This thorough preparation and willingness to proceed to trial often lead to more favorable settlement terms.
Trial And Resolution
If your case proceeds to trial, our attorneys will present a compelling argument to the judge or jury, using witnesses and the evidence, that you deserve maximum compensation for damages such as your medical bills and lost wages. Most cases settle before reaching this stage, but we are prepared to advocate for you in court if necessary.
For those dealing with securities and governance issues or needing a securities litigation attorney, our firm is also well-versed in regulatory compliance and federal securities law.
Contact Us Today
We invite you to contact Minnillo Law Group Co., LPA to schedule your free consultation. Let us help you secure the compensation you deserve. Call 513-723-1600.