Preparing for your case should begin immediately after the accident. If your injury resulted from another party’s negligent actions, you should start the process of pursuing compensation as soon as you leave the accident scene. Go to a nearby hospital or visit your primary care physician. The doctor should examine you to diagnose your injury and determine the type of treatment you need. They will likely recommend follow-up care, such as physical therapy, X-rays, or prescription medications. You should listen to your physician’s instructions and continue treating your injury until you heal, or a medical provider determines you have recovered as much as possible with the treatment you received.It’s critical to maintain all documentation related to the accident. Evidence is valuable in any personal injury case. It can prove fault, the type of injury you sustained, and the total costs incurred from the incident.

You should keep a copy of documents, such as:

  • Physician notes, imaging test results, diagnostic reports, rehabilitation records, surgical reports, prescriptions, and other medical records
  • Doctor bills, out of pocket expenses, receipts, bank statements, and additional costs associated with the accident
  • Lost wage reports
  • Correspondence from the insurance company
  • Health insurance documents

You should also hire a personal injury lawyer as soon as possible after an accident. JJ Legal has the necessary skills and resources to pursue your case. We will handle every step of the claims process so you can spend your time on your treatment and get your life back on track.

What You Can Expect During an Accident Investigation

Our legal team knows how to thoroughly investigate any type of accident. Here are some things you can expect from our team:

  • Fault
    We will start by determining who is at fault for your injury. We can accomplish this by reviewing the available evidence.
  • Police Report
    We will request a copy of the police or incident report and read through the details to determine whether someone else’s actions contributed to your injury.
  • Witnesses 
    We will speak to witnesses who saw what happened and ask for their statements.
  • Insurance Coverage 
    When we establish fault, we will request a copy of the at-fault party’s insurance policy. We’ll review it to determine the amount of available coverage we can pursue on your behalf.
  • Video
    If a security camera caught the incident, we will review the footage to determine whether it shows what caused the incident.
  • Scene
    We will visit the scene of the accident to gather evidence. For example, if you fell on someone’s property because they didn’t repair a loose floorboard, we will take a picture of it.

Compensation Available in a Personal Injury Case

Whether you file an insurance claim or lawsuit, you can seek compensation from the negligent party. The amount of money you receive will depend on a range of factors, including the available insurance coverage on the policy. The compensation recovered should compensate you for your losses, such as:

You could seek punitive damages in a lawsuit. This monetary award punishes the defendant for their actions and aims to deter similar behavior in the future. You must show clear and convincing evidence that the defendant acted with a conscious indifference to the safety and rights of others, with reckless and outrageous indifference to a significantly unreasonable risk of harm, or with an evil motive.

Compensation Available in a Wrongful Death Case

If you lose your loved one in an accident someone else caused, you could seek compensation for your losses in a wrongful death lawsuit. The personal representative of the deceased person’s estate is the only person allowed to file the case in civil court.

The money recovered in a wrongful death action could compensate for the surviving family’s losses, such as:

  • Loss of consortium or companionship the deceased would have provided to their spouse if they survived
  • Lost financial support, including benefits and wages
  • Sorrow, grief, and mental suffering
  • Loss of education, instruction, and moral training the deceased provided to children

How Much Does It Cost to Hire an Attorney?

Many people think they can’t afford to hire a lawyer to represent them in their cases. Unfortunately, pursuing a claim or lawsuit without legal representation can negatively affect the outcome. You could end up with less compensation you deserve or nothing at all. The expense of retaining someone’s legal services is nothing compared to the risk you take if you handle your case alone.

JJ Legal takes personal injury cases on contingency. That means there are no upfront fees or costs. We won’t charge you anything for representing you unless we secure compensation from the negligent party or their insurance carrier. If we lose, you won’t have to pay.

Personal Injury Statute of Limitations

Most states place a strict deadline on personal injury lawsuits. You must initate your case in civil court within a specific timeframe. If you miss the deadline, you could lose your right to seek financial compensation for your injury.

The statute of limitations for personal injury cases often dictates a two-year filing period. That means you have two years from the accident date to file your lawsuit. If the statute expires, you can’t sue the at-fault party unless the circumstances of your case allow you to extend the deadline.

Tolling the statute of limitations means pausing the clock and delaying the timeframe for pursuing a lawsuit. Two main factors allow you to toll the statute:

  • You are under a legal disability
  • You are under 18 years old

The clock stops if either of these scenarios applies and won’t start again until you turn 18 or the removal of your legal disability occurs. Once that happens, you will have two years from that date to file your lawsuit.

Steps to Filing a Personal Injury Lawsuit

The process for filing a lawsuit is complex. You must follow specific steps and meet each deadline. If you miss a deadline or make a mistake, it could delay the entire procedure or result in a dismissed case.

1. Complaint 

The first step is preparing and filing a Complaint. The Complaint includes vital information regarding the incident, such as:

  • The name of each party involved in the accident
  • The facts of the case, including who is at fault
  • Allegations asserted against the at-fault party
  • The injuries sustained by the plaintiff
  • The amount of money the plaintiff is seeking for their losses


2. Summons 

You must also prepare a Summons and serve it to the defendant. The summons informs the defendant of the nature of the lawsuit against them. It also indicates how they should respond to the Complaint.Several different people can serve a summons, including a sheriff in the county of the filed lawsuit or a process server. A process server might be the easier option. However, every party charges a fee. Once they serve the summons, you should receive an Affidavit of Service informing you of this completed step.

3. File Documents 

After the completed service, you must file the Summons and Affidavit of Service with the court. The defendant will have to respond to the Complaint within a specific timeframe. If they fail to respond, the judge will likely enter a judgment in your favor.

4. Discovery Process 

The case enters the discovery phase once the defendant provides us with their Answer. Each side can request evidence from the other by submitting various documents to the opposing party, including:

  • Interrogatories
  • Request for Admissions
  • Request for Production


Discovery could also include depositions. During a deposition, you answer questions asked by the defense attorney regarding the case under oath. Your attorney can also request a deposition with the defendant or any expert witnesses.

5. Mediation

At some point, you could participate in mediation. During mediation, the mediator meets with the parties and attempts to help them resolve the matter. If you can negotiate a settlement, you don’t have to proceed to trial.

6. Trial Preparation 

If mediation is unsuccessful, you have to prepare for trial. During the trial, the attorney for the plaintiff and defendant will each have their turn to present evidence, cross-examine witnesses, and argue their cases. Your case could be heard by a judge alone, or by a jury. If it’s a jury trial, the jury will review all information and determine whether you should receive compensation.

7. Judgment 

Once the trial concludes, the judge will enter the judgment. If the jury rules in your favor, the defendant must pay compensation for your injury. However, if they rule in the defendant’s favor, you won’t receive the money you need to compensate you for your losses.

Insurance Claims Process

Most personal injury cases begin with an insurance claim. If the at-fault party has liability insurance, you can file a claim with their insurance company. The time it takes to reach a settlement will depend on the circumstances of the accident. Sometimes, claims settle quickly, while others take months or even years to resolve.

The steps for filing a claim are below.

1. File Claim

Once you determine who is at fault for the accident, you can request their insurance information and file your claim. If you hire us to represent you, we can file the claim on your behalf. We will send the insurer a notice of claim informing them that we’re representing you.

2. Investigation

We will perform a thorough investigation of the accident. We will need to gather evidence to prove fault and show that the injury you sustained resulted from the incident. Once we obtain the evidence we need, we can prepare to send it to the insurance company.

3. Correspondence

During your ongoing claim, we will communicate with the insurance adjuster. You won’t have to talk to them yourself. If the adjuster contacts you at any time, give them our contact information.

You should never speak to the insurance adjuster. You could say something they might use against you to deny the claim or offer a low settlement amount. We can handle communications for you, so you avoid saying something damaging to your case.

4. Demand Letter

When you finish treatment for your injury, we can send a demand letter to the insurance carrier. A demand letter includes all necessary details of the case, such as:

  • Date and location of the incident
  • Type of injury you sustained
  • Reasons for holding the other party liable
  • Timeline of treatment you required
  • Total costs incurred
  • Settlement amount we’re seeking on your behalf


When we send the demand letter, we will include all supporting evidence we can find. We can submit your medical records, physician statements, photos, and other documentation to prove your case.

5. Negotiations

Negotiations with the insurance carrier will begin after we submit the demand letter and evidence. We will pursue the maximum settlement possible to cover your losses. However, if the insurance adjuster refuses to settle for a fair amount, we can file a lawsuit.


About JJ Legal

Since 2003, our personal injury attorneys have helped our clients obtain over $1 BILLION in judgments and settlements. Our lawyers have experience in a wide variety of personal injury cases including:

With offices in multiple states, and a large staff, we provide a supporting legal team that goes above and beyond to take care of our clients.

Schedule your free consultation today at 312-200-2000

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