Process

IMG_9587Insurance companies are very sophisticated consumers of data. They employ statistics on demographics, income, jobs, and medical costs to determine in advance how much they will pay for a claim. Only a lawyer with many years of experience will counter the wealth of data that the insurance company uses to make a settlement offer–if indeed they offer to settle at all.

At Marshall Benson, we know the personal injury process–personal injury is our primary area of practice. If you have been injured in an accident, contact a  knowledgeable personal injury lawyer. Call us at 801 627-1323 for a free initial consultation.

  • The process begins with the client. He or she is usually asked by the insurance company to sign waivers releasing the responsible party from liability. Sign nothing until you speak with a lawyer who knows personal injury.
  • If you can, take notes and get names of possible witnesses. Even take photographs. If a police report is filed, be sure you get a copy.
  • The next step is to contact an attorney who can assist you. Most personal injury lawyers work on a contingency fee basis, and charge no attorney’s fee until the case is over and a settlement or verdict has been obtained. This is how we operate.
  • At our law firm, we ask for any evidence you have collected, such as names, addresses, and pictures. We will ask you to sign a release to obtain your medical records and other information that will help build the case. You will be asked about your insurance coverage. If the responsible party’s insurance company is not cooperative, we will issue an injunction to get the needed information.
  • Our attorney will begin assembling the evidence about your accident and your injuries. Using the opinions of medical and economic specialists and exerts, we will develop an analysis of the cost of your injuries and accident.
  • We will construct a care plan that outlines the treatment needed to recover fully. This will involve expenses such as rehabilitation, lost wages, special medical equipment, personal care assistants, and any other cost of your injury.
  • The cost of this care plan, and any other expenses related to your accident injury, will be the amount that we request from the insurance company of the responsible party.
  • We file a complaint or petition with the court that explains the amount we are asking for, and the basis for that request, including the evidence that has been gathered.
  • A summons is issued by the court that identifies the date by which the defendant must respond. The defendant may respond with counter claims, which will need to be dealt with separately.
  • Once the case moves forward, both sides conduct “discovery“. This involves interviewing witnesses, requesting documents, and answering interrogatories.
  • Along the way we deal with pre-trial motions, including motions to dismiss the case.
  • If the defendant makes an offer to settle the case, we advise you about the best course of action, and help you respond with a counter-offer if appropriate.
  • If the case does not settle, we proceed to trial. We have represented many injured clients at trial in state and federal courts, and enjoy working with juries. We participate in jury selection, make opening statements that describe your case and your claim, examine witnesses, and make closing arguments.
  • If the jury rules in your favor, we help you collect the money they award. If they do not find for you, we talk with you about an appeal.

The personal injury process can be lengthy, or it can be very quick. In either case, we represent our clients every step of the way, keeping them informed about progress and developments. Because we have been involved in so many personal injury cases, we know when it is possible to speed up the process.

Don’t let the many steps in the process or the amount of time your case may take stop you from consulting an attorney. At The Law Office of Paul Benson, we take care of all the details for you. If you have been injured,contactan attorney who knows the personal injury process. Call 1 801 627-1323.