What Are the Steps to Filing a Personal Injury Lawsuit?Joel H. Schwartz, P.C.

What Are the Steps to Filing a Personal Injury Lawsuit?

Often, people injured in an accident due to the negligence of others want to find justice for the damages they’ve sustained. In this case, filing a personal injury claim could be within your best interests. When handled properly, an injury claim will put you on the fast track toward restoring your physical and financial stability.

Joel H. Schwartz, PC understands that knowing how to proceed in these instances can be a bit confusing. To clarify the process, we’ve detailed some valuable information below so that you know exactly what you need to do to garner the most success for your claim.

Meet and Go Over the Evidence

Before anything else, our attorneys will want to ensure that we have a complete understanding of what has happened to you. During the initial consultation, you and your lawyer will discuss the chain of events that led to your accident and injury. You will also go over any evidence you may have pertaining to the incident, such as a doctor’s analysis, photographs from the accident, or witness statements.

Filing with the Court

Once you and one of our attorneys have gone over the case and determined the best course of action, you will then begin the preliminary steps of filing with the court for your claim. This will include submitting a summons to give the defendant notice that you are bringing a lawsuit against them and are seeking compensation for your damages.


Sometimes, personal injury cases do not need to go to trial. While this stage is voluntary, through successful mediation hearings, you and your attorney may be able to recoup full compensation for your damages and injuries. If these attempts are unsuccessful, the negotiation phase will then take place.

Negotiations and Settlements

At this point, your attorney will go to bat for you at the negotiating table, highlighting all of the ways in which your case is deserving of financial reimbursement for the injuries and damages you have suffered. Your case and its supporting evidence will be laid out and how the other party was at fault will be fully explained. Once the negotiations are complete, a settlement offer may be made.

If the offer is fair, you can accept it and be compensated for your losses. If a reasonable offer is not forthcoming, it might be necessary to go to trial.

Going to Trial

At court, your attorney will represent you and argue your case on your behalf. Both sides will have the opportunity to present their case to a jury by introducing evidence and examining witnesses. Once completed, the jury will render a verdict.

If either side is unhappy with the verdict, there will be an option to appeal.

Turn to a Boston Injury Attorney

If you would like to begin the claims process, our attorneys are standing by and ready to fight for you. To schedule a free consultation to discuss your accident, give Joel H. Schwartz, PC a call at 1-800-660-2270. For more information, fill out our online contact form at the bottom of the page.

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