How Can I File a Personal Injury Claim?

Filing a personal injury claim can be a complex and daunting process. However, with the help of an experienced attorney, it becomes significantly more manageable. At Brydon, Swearengen & England P.C., we are experienced in personal injury law and are committed to guiding you through every step of your claim to ensure you receive the compensation you deserve. Let us help you understand what to expect during this process.

Initial Steps and Investigation

The first step in filing a personal injury claim involves gathering all relevant information and evidence related to the incident. This includes medical records, police reports and witness statements. An attorney from Brydon, Swearengen & England will conduct a thorough investigation to build a strong case. Our team knows what to look for and how to present the evidence effectively.

Evaluation and Strategy

Once the investigation is complete, we evaluate the findings and develop a strategy tailored to your specific case. This involves assessing the severity of injuries, calculating financial losses and considering long-term impacts. Our attorneys will then determine the best course of action, whether it’s negotiating a settlement or preparing for trial.

Deadlines to Be Aware Of

In Missouri, there are strict deadlines, known as statutes of limitations, for filing a personal injury claim. Generally, you have five years from the date of the injury to file a lawsuit. Missing this deadline can result in losing your right to seek compensation. Therefore, it’s crucial to act promptly and consult with an attorney as soon as possible to ensure all necessary paperwork is filed on time.

Steps of the Personal Injury Claims Process

Filing the Lawsuit

If negotiations with the insurance company do not lead to a satisfactory settlement, the next step is to file a lawsuit. Our attorneys will prepare and submit a pleading, known as a “Petition” in state court or a “Complaint” in federal court. This document outlines the facts of the case and the legal grounds for the claim. Once filed, the defendant has a set period to respond, either admitting or denying the allegations and potentially asserting defenses.

Discovery Phase

Following the filing of the lawsuit, both parties enter the discovery phase. During discovery, each side gathers evidence and information from the other party. This process includes:

• Interrogatories: Written questions that must be answered under oath.
• Depositions: Oral testimony given under oath, often transcribed for use in court.
• Document Requests: Formal requests for documents relevant to the case.
• Medical Examinations: The defendant may request an independent medical examination to assess the extent of your injuries.

The discovery phase is critical for building a strong case and allows both sides to evaluate the strengths and weaknesses before proceeding to trial.

Negotiation and Settlement

Throughout the process, our attorneys will engage in negotiations with the insurance company and the defendant’s legal team. Many cases are resolved through settlements, which can expedite compensation and avoid the uncertainties of a trial. We strive to secure the best possible outcome for our clients, whether through negotiation or litigation.

Trial Preparation and Proceedings

If a settlement cannot be reached, the case proceeds to trial. Our attorneys at Brydon, Swearengen & England are seasoned litigators who will prepare meticulously for court. This includes organizing evidence, preparing witness testimonies, and formulating persuasive arguments. While trials can be unpredictable, an attorney’s assistance enhances your chances of a favorable verdict.

Seek Professional Legal Assistance

Filing a personal injury claim is a detailed and challenging process. The representation of a dedicated attorney is important for navigating the legal landscape and maximizing your chances of success. At Brydon, Swearengen & England P.C., we are committed to providing exceptional legal representation for personal injury claims in Missouri. If you or a loved one has been injured, contact us today to schedule a consultation. Let us help you obtain the justice and compensation you deserve.