Personal Injury Law Firm  

Taking the right steps immediately after a personal injury is crucial not only for your health but also for protecting your legal rights. Understanding that your health and safety is the number one priority, it is advisable to contact a personal injury attorney as soon as reasonably possible following an injury. Below is a guide on what you should do following an injury:
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‍Seek Medical Attention Immediately: Your health and safety are the top priorities. Even if you don’t feel severely injured, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately apparent, such as internal injuries, concussions, or whiplash, and a medical professional can identify and document these conditions early on. Prompt medical attention also establishes a medical record that can be vital in supporting your personal injury claim.

Document the Scene, Gather & Preserve Evidence: If you or others in your party are physically able, collect as much evidence as possible from the scene of the incident. This includes taking photographs or videos of the accident scene, your injuries, any property damage, insurance and identification information of involved parties, and the surrounding environment. Capture details like skid marks, broken glass, hazardous conditions (e.g., wet floors, poor lighting), or anything else that might have contributed to the accident. Store this evidence safely and be sure to inform your attorney about it, as it may be needed during your case. If there are witnesses, ask for their contact information and a brief statement about what they saw.
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Consult with a Personal Injury Attorney: As soon as possible after the injury, consult with an experienced personal injury attorney. An attorney can provide invaluable guidance on how to proceed, help you understand your rights, handle communications with insurance companies or opposing parties, and more. Early legal advice can prevent mistakes that might harm your claim and ensure that all necessary steps are taken to build a strong case.

Depending on the type of injury and how it occurred Geffon & Associates will guide you through the the rest of the process and or contact various entities on your behalf. Below are some key points to keep in mind and steps that may be necessary.
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‍Report the Incident: Depending on the type of accident, you may need to report it to the relevant authorities. For car accidents, the police may need to be contacted to file an accident report. If you were injured on someone else’s property, the incident may need to be reported to the property owner, manager, landlord, or supervisor/employer. Having an official report can be critical evidence in your case.

If your injury involves a car accident or another incident that requires insurance involvement, it's important to notify your insurance company promptly. However, be careful about what you say and avoid giving recorded statements without consulting an attorney first. Insurance companies may try to get you to admit partial fault or downplay your injuries to reduce the amount they have to pay out. In many cases, it is recommended to have Geffon & Associates contact your insurance on your behalf.

Below is a list of general things to keep in mind throughout your personal injury case.

‍Keep Detailed Records: Start a detailed record of everything related to the injury from the moment it occurs. This includes medical bills, prescription receipts, transportation costs to and from medical appointments, and any other expenses related to the injury. Keep a journal documenting your symptoms, pain levels, emotional distress, and how the injury is affecting your daily life and ability to work. These records can provide crucial support for your claim, particularly for non-economic damages like pain and suffering.

‍Avoid Discussing the Incident: Be cautious about discussing the accident. This applies to social media, in a public forum, or with insurance, police, or the opposing party. Anything you say or post could potentially be used against you by the insurance company or opposing counsel to minimize your claim. Avoid making statements about fault, the extent of your injuries, or other details until you’ve spoken with an attorney.

If the defendant’s insurance company contacts you, be polite but avoid giving detailed information or accepting any settlement offers without first consulting with your attorney. Insurance adjusters are trained to minimize payouts, and anything you say could be used to weaken your claim.

‍Follow Medical Advice and Treatment Plans: It’s important to follow all medical advice and attend all scheduled appointments. Failure to do so could be used against you by the defense to argue that you weren’t as seriously injured as you claim. Additionally, adhering to treatment plans helps ensure your recovery and strengthens your case by showing that you took your injury seriously and made every effort to heal.

Taking these steps after a personal injury can significantly impact the success of your claim. By prioritizing your health, gathering evidence, and consulting with a knowledgeable personal injury attorney, you’ll be well-positioned to pursue the compensation you deserve. At Geffon & Associates, we’re here to guide you through the process, advocating for your rights every step of the way.

The value of your case depends on various factors, including the severity of your injuries, medical treatment received, property damage, the impact on your life, and more. We'll provide a thorough assessment during your free consultation.

After thoroughly assessing your situation and determining liability, our experienced attorneys at Geffon & Associates will calculate the potential value of your case by considering the following:

‍Medical Costs: This includes both current and future expenses related to the treatment of injuries sustained in the accident, such as hospital stays, rehabilitation, surgeries, and medication.

‍Lost Wages: We account for any income you’ve lost due to time off work for recovery, as well as potential future earnings if your injury affects your ability to work long-term.

‍Property Damage: If your personal property was damaged or destroyed in the accident, we’ll seek compensation for the cost of repairs or the market value of the property, including vehicles.

‍Pain and Suffering: This encompasses the mental and emotional trauma you’ve experienced as a result of the accident, such as anxiety, depression, and loss of enjoyment of life.

‍Loss of a Loved One: In the case of a fatal accident, we seek compensation for the financial and emotional losses associated with the death of a loved one, including funeral expenses, loss of companionship, and other wrongful death damages.

Our knowledgeable personal injury lawyers will listen to your story, expertly evaluate your case, and work tirelessly to secure the maximum compensation you deserve.

The timeline for resolving a personal injury case can vary widely depending on several factors, including the complexity of the case, the extent of your injuries, the willingness of the parties to negotiate/settle, and the legal processes involved.

While every case is unique, a straightforward personal injury case might be resolved within a few months, particularly if the injuries are minor, liability is clear, and both sides are willing to negotiate reasonably. More complex cases involving serious injuries, disputed liability, or the need for a trial can take a year or more to reach a resolution.

At Geffon & Associates, we understand the importance of resolving your case as efficiently as possible while ensuring that you receive the full compensation you deserve. We work tirelessly to move your case forward, keeping you informed at every step of the process. Our goal is to balance a timely resolution with a thorough and strategic approach to achieve the best possible outcome for you.

Here’s a detailed breakdown of the key factors that can influence the duration of your case:

‍Severity of Injuries and Medical Recovery:The extent and severity of your injuries play a significant role in determining how long your case may take. Cases involving serious injuries often take longer because your attorney will need a comprehensive understanding of your medical condition, including any long-term impacts or future medical needs. It’s important to reach what is known as "maximum medical improvement" (MMI) before settling, as this ensures that all medical expenses and future care are accounted for.

‍Complexity of the Case: Cases that involve multiple parties, disputed liability, or complex legal issues generally take longer to resolve. For example, if the accident involves unclear fault or multiple defendants, it may require extensive investigation and expert testimony to establish liability.

Negotiations and Willingness to Settle vs. Trial: Most personal injury cases are resolved through negotiating a settlement rather than going to trial. The negotiation process can take time, especially if the insurance company is slow to respond, disputes your claim, or makes lowball offers.

Insurance companies often use delay tactics in the hopes that the plaintiff will accept a lower settlement out of financial necessity. These tactics can include requesting unnecessary documentation, prolonging negotiations, or disputing liability. An experienced attorney can counter these strategies and keep the case moving forward, but it can still contribute to delays.

Even with Geffon & Associates on your side, further negotiations, mediation, or even trial may be necessary.

‍Personal Factors: Your own goals and circumstances also play a role in the timeline. If you are in urgent need of compensation, you might opt to settle more quickly, even if it means accepting a lower amount. Conversely, if you are willing to wait for the best possible outcome, your attorney may advise a longer timeline to ensure that you receive full and fair compensation.

‍Court Schedules and Legal Processes: If your case goes to trial, the timeline can be further extended due to court schedules and procedural requirements. Pre-trial procedures, such as discovery (where both sides gather and exchange evidence), filing motions, and attending hearings, can take several months to a year or more. Additionally, if either party files an appeal after the trial, the case could be prolonged further.

Navigating a personal injury case can involve five main phases: pre-lawsuit negotiations, filing of court documents, litigation, trial, post-trial motions, and settlement collection. Each phase requires careful attention and legal expertise to ensure your rights are protected, and your case is thoroughly managed. At Geffon & Associates, we guide you through each step, from initial negotiations to securing and collecting your compensation. Here’s a breakdown of these key phases:

Pre-Lawsuit Discovery, Fact Finding, and Negotiations with the Insurance Company

Many personal injury cases are resolved before any court documents are even filed. After your injury, your attorney will start by working directly with the insurance company to negotiate a settlement. This process involves gathering medical records, accident reports, and other evidence to present a strong case to the insurer.

• Medical expenses
• Lost wages
• Pain and suffering

If a reasonable offer is made, your case could be settled quickly without the need for filing court documents.

However, if a settlement cannot be reached during these negotiations, the next step will be to formally initiate the lawsuit by filing court documents.

Filing of Court Documents

If negotiations with the insurance company do not result in a fair settlement, your attorney will move forward with filing the official court documents. Filing these documents, known as a complaint, formally starts the lawsuit process. The complaint outlines your legal claims against the defendant and requests compensation for the damages you have suffered.

This step sets the legal process in motion, and the defendant will be formally notified of the lawsuit. Once the court documents are filed, the defendant typically has a certain amount of time to respond, either by admitting or denying the claims.

Filing court documents signals the start of the litigation phase, where both sides begin preparing for trial, though settlement discussions often continue during this time.

Litigation Phase

Once the lawsuit is officially filed, the litigation phase begins. This phase is critical for preparing your case for trial and potentially reaching a settlement pre-trial. Key components of the litigation phase include:

Discovery and Fact-Finding

During the discovery process, both sides exchange information, including documents, witness statements, and other relevant evidence. This may involve:

• Depositions
• Interrogatories (written questions)
• Requests for documents

The discovery phase is essential to building a strong case, allowing your attorney extra time to gather facts and prepare for trial.

Pre-Trial Motions

Before the trial begins, either party may file pre-trial motions. These motions often include requests to exclude certain evidence, limit the scope of the trial, or even dismiss the case entirely. Common pre-trial motions include:

• Motion to Dismiss: The defense may file this motion to ask the court to dismiss the case due to lack of evidence or other legal reasons.
• Motion for Summary Judgment: Either party can ask the court to rule on the case based on the law without going to trial if there are no disputed facts.

Your attorney will skillfully respond to any motions, advocating to keep your case moving forward and addressing any legal challenges that arise.

Settlement Negotiations and Mediation

During litigation, settlement discussions often continue. Many cases are resolved through negotiation or mediation after the discovery phase. Mediation involves both parties working with a neutral mediator to try to reach a resolution without going to trial. Your attorney will assess whether settlement offers are fair and will advise you on whether to accept an offer or proceed to trial.

The Trial

If settlement negotiations are unsuccessful, your case will proceed to trial. The trial phase is where both sides present their cases to a judge or jury. The process includes several key steps:

• Jury Selection: In a jury trial, the process begins with selecting jurors. In a bench trial, the judge acts as the decision-maker.
• Opening Arguments: Both sides outline their case, presenting the evidence and key points they will argue.
• Witness Testimony: Witnesses, including expert witnesses, testify about the facts of the case. Your attorney will question your witnesses and cross-examine the defense’s witnesses to challenge their credibility and arguments.
• Closing Arguments: After all evidence is presented, both sides summarize their case and make final arguments to the jury or judge, emphasizing the critical points that support their claims.
• The Verdict: The jury or judge will then deliberate and issue a verdict, deciding whether the defendant is liable for your injuries and determining the amount of compensation to be awarded.

Post-Trial Motions and Appeals

Following the trial, either party may file post-trial motions. These motions could include:

• Motion for a New Trial: Requests a new trial due to procedural errors or other issues.
• Motion for Judgment Notwithstanding the Verdict: Challenges the outcome of the trial.

If the defense is unsatisfied with the result, they may file an appeal to overturn or modify the decision. Should an appeal arise, our legal team will continue to represent you, fighting to uphold the original verdict.

Settlement Collection

Agreeing to a settlement or winning a trial is a significant victory, but collecting the awarded compensation can sometimes be challenging. Additional steps may be required to ensure the defendant pays the settlement amount.

The team at Geffon & Associates is experienced in enforcing settlements and judgments, and we’ll take all necessary actions to secure your compensation, so you don’t have to worry about delays in receiving the funds you're entitled to.

At Geffon & Associates, we are committed to leading you through every stage of your personal injury case—whether during pre-lawsuit negotiations, filing court documents, litigation, trial, and beyond—ensuring that you have the legal support you need to achieve the best possible outcome and secure the compensation you deserve.

Our goal is to secure a fair settlement that compensates you for:

Right away. Many legal matters require immediate attention and we have all the resources you'll need to execute all of your legal needs in a timely fashion.

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+1 (305) 501-1567 to discuss your matters or set up a free consultation.