Strategic Saturday: What to Expect in a Personal Injury Case -

At Gallien Law, we understand the value of having an effective legal strategy.

Here is our Strategic Saturday tip for today:

Understanding the Phases of a Personal Injury Claim

If you’ve been injured and are pursuing a claim, you may be wondering what happens next. The personal injury claim process typically unfolds in two stages: pre-litigation and litigation. Understanding these phases can help you know what to expect and how to prepare for the road ahead.

Pre-Litigation: The Negotiation Phase

Most personal injury cases are resolved during this stage, often without ever stepping into a courtroom.

1. Case Investigation & Medical Treatment

After an accident, the first priority is getting medical treatment and documenting your injuries. Your attorney will begin investigating your case by gathering:
✔️ Police reports & accident records
✔️ Medical records & bills
✔️ Witness statements
✔️ Photos & videos of the accident scene

2. Demand & Negotiations with the Insurance Company

Once you’ve completed or made significant progress in your medical treatment, your attorney will send a demand letter to the insurance company. This letter outlines:
🔹 The details of the accident
🔹 The extent of your injuries
🔹 Medical expenses, lost wages, and other damages
🔹 A demand for fair compensation

The insurance company may respond with a settlement offer, which can be accepted, negotiated, or rejected. Many cases settle here, avoiding the need for a lawsuit.

3. Settlement or Filing a Lawsuit

If the insurance company offers a fair settlement, you may accept it, and the case concludes. However, if they deny liability or offer too little, your attorney may recommend filing a lawsuit to pursue full compensation.

Litigation: Taking the Case to Court

If a fair settlement isn’t reached, your case moves into litigation, meaning a formal lawsuit is filed in court.

Here’s what happens next:

1. Filing the Lawsuit & Discovery Process

Your attorney will file a complaint in court, and the defendant (at-fault party) will respond. Both sides then enter the discovery phase, exchanging evidence through:
🔹 Depositions (formal witness interviews under oath)
🔹 Interrogatories (written legal questions)
🔹 Expert testimony

2. Mediation & Pre-Trial Negotiations

Many cases settle before trial during mediation, where both sides try to reach an agreement with the help of a neutral third party.

3. Trial & Verdict

If mediation fails, the case goes to trial, where a judge or jury decides liability and the amount of damages awarded. Trials can be unpredictable, which is why most cases settle beforehand.

Which Path Will Your Case Take?

Every case is different, and not all personal injury claims require litigation. An experienced attorney can assess your case and advise whether settling or going to court is in your best interest.

At Gallien Law, we guide our clients through every step of the process—whether in negotiations or the courtroom.

If you’ve been injured and need help understanding your legal options, let’s talk.

(337) 761-1585