The Steps in the Personal Injury Settlement Process

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    July 3 2019

    If you’ve been injured because of someone else, you might be thinking about filing a personal injury lawsuit.  If this is the first time you’re working with an attorney, you may be wondering about how the litigation process works.

    While every case is different, here is a general outline how the personal injury settlement process works.

    The Steps in the Personal Injury Settlement Process

    Consultation With an Attorney

    The first step in a personal injury case is for the injured party to speak with an experienced attorney.  You should feel comfortable telling your attorney all of the details about your situation. Everything that you say will be protected by the attorney-client relationship.  Most personal injury lawyers offer free case reviews and offer contingency fees, which means that you do not have to pay up front. Anthem Injury Lawyers offers free case evaluations.  Contact us today to set up a free initial consultation.

    Investigation of Your Case

    If you decide to hire a lawyer, he or she may need to investigate and review the details of your personal injury claim, including the police reports, the accident scene, photographs of the accident scene, and medical records and medical bills. In some cases, your attorney may hire a private investigator or an expert to help provide additional information.  For example, if you were in a car accident, your lawyer might hire an accident reconstruction expert to help determine how the accident occurred.

    Demand Letter

    After the attorney has investigated your case, the next step is for him or her to write a demand letter.  The demand letter outlines your case including liability and damages (property damage, medical expenses, pain and suffering, lost wages, and future medical treatment) and demands a settlement offer from the other party or the other party’s insurance company.  Once the other side receives the letter, they can accept it, reject it, or make a counteroffer. The demand letter is important because it begins the settlement negotiation process.

    Filing Lawsuit

    If a settlement cannot be reached, then your lawyer may have to file a lawsuit.  The lawsuit is required to be filed within a certain amount of time that is known as the “statute of limitations.”  In Nevada the statute of limitations for a personal injury claim is two years. 


    Prior to trial, the parties to a lawsuit engage in a pre-trial discovery process.  During this process, each side will obtain evidence from the other side. The purpose of this process is to allow each side to evaluate the strength of the other side’s case.  


    Sometimes the parties will participate in a mediation process.  In this informal proceeding the parties attempt to reach an agreement.

    Personal Injury Trial

    If the case is not settled or resolved by motion, the case will go to trial.  If your case goes all the way to trial, it is important to work with a team of lawyers who have experience trying cases.  At Anthem Injury Lawyers, our attorneys have extensive trial experience.


    Depending on the outcome of the case, the losing party may appeal the decision.  The appellate process is different than a trial and requires experienced appellate attorneys.  The lawyers at Anthem Injury Lawyers has extensive experience working on appeals.

    Experienced Las Vegas Personal Injury Lawyers

    If you or a loved one was injured because of the conduct of another party, you should seek legal advice from an experienced personal injury attorney who can help you protect your rights.
    If you are looking for a law firm with experienced personal injury lawyers, contact Anthem Injury Lawyers for a free consultation.  Our phone number is (702) 857-6000.  Our law office is in Henderson, but we serve clients all over the Las Vegas Valley.

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