Working with an experienced personal injury attorney can make a significant difference in how your claim is handled. But what’s the process like, and what can you expect?
Hiring a Hawaii personal injury attorney starts with a free initial consultation to determine whether you have grounds to sue. What happens next depends on the type of case you have and your unique situation. In general, you can expect your experience with your lawyer to proceed like this:
Your first meeting with the attorney
Most personal injury attorneys offer a free initial consultation to review potential plaintiffs’ claims and determine the likelihood of securing a settlement or winning at trial. Bring as much information as you can to your consultation so the attorney can give you more informed legal advice.
Bring:
- Medical bills from post-accident treatment
- Any accident or incident report, including a police report
- Photos or videos of your injuries or the incident (like dash cam footage in car accidents)
- Notes about your recollection of events
- Any correspondence from other involved parties, like lawyers or insurance companies
Expect the consultation to last about 20-30 minutes. Bring a list of questions you have about your case, and treat the meeting like a job interview. You’ll be working closely with the lawyer, so it’s important to confirm they’re someone you have confidence in and feel comfortable disclosing personal information to. At the end, you’ll learn the firm’s assessment of your case’s viability and whether they will take you on as a client. After that, you can choose to proceed.
What a personal injury law firm does
Your personal injury attorney is your legal advocate and counselor. Their goal is to work with you to reach an outcome that you find agreeable. That may come in the form of a settlement or, if negotiations fail or the case involves serious misconduct, a trial verdict.
In most personal injury cases, the other party is represented by their insurance company, which means your attorney is effectively negotiating against an insurer whose goal is to minimize what they pay out.
The law firm drafts and files all the legal motions and documents required to advance your claim. Usually, this starts with a “demand letter” to the other party, stating the extent and nature of your personal injuries and the damages you seek.
Your lawyer may file a lawsuit at the same time they issue the demand letter, or wait to see how the other party responds. Three common responses are:
- Accept liability and agree to pay the damages you request. Your case concludes, and payment is issued.
- Accept liability but challenge the amount of damages, sending a counteroffer. You may accept the offer or ask your lawyer to negotiate a more favorable one. If both sides agree, the settlement is filed with the court, and you’ll receive a check.
- Deny liability and refuse to pay damages. If your lawyer has not already done so, they’ll file a lawsuit for damages in civil court. Your case will now proceed to trial.
What to expect from your personal injury trial
Once the lawsuit is filed, the case moves to the discovery phase. Each side gathers evidence to support its position. Your lawyer seeks tangible evidence and enlists expert witness testimony to prove that the defendant’s negligence caused the accident and your damages. The defense builds a case proving they weren’t negligent, which often means gathering evidence to pin the blame for your injury on you.
Each side may request documents from the other. The defense will likely ask for your post-accident medical records, your work personnel file or pay stubs (to disprove any claims for lost wages), and other sensitive information. Your lawyer will handle these requests and help you gather the requested information.
You can still settle the case before it goes to trial. In some cases, defendants become more willing to negotiate once discovery is underway and the evidence is on the table.
How you can help your personal injury lawyer
Working closely with your attorney can strengthen your case. Although the personal injury law firm handles the legal heavy lifting, you can help your lawyer achieve a better settlement by:
- Being fully transparent. Don’t hide information from your lawyer because you think it makes you look bad. When your lawyer knows there may be potentially damaging evidence against you, they can prepare.
- Document everything. Save records of your medical treatment, make note of any losses you may have incurred, and log any examples of how the accident impacted your daily life and ability to work.
- Don’t post on social media; the defense can twist your posts and photos to make it seem like you’re not hurt as badly as you are. It’s always a better idea not to post.
Have you been hurt in an accident? We want to hear your story
If you were hurt or developed an illness due to the negligence or oversight of another party, you may have grounds to file a lawsuit for financial compensation. Our firm has the resources necessary to pursue even the most complicated injury claims, and we’re ready to put our knowledge and experience to work for you. Contact Shaheen & Gordon today at (800) 451-1002 for a free consultation.
