How A Typical Personal Injury Case Proceeds

The following is a general overview of how the Campo Law Firm handles a personal injury case:

At the beginning of your case, you will be asked to fill out a client questionnaire and we will conduct a detailed interview concerning the facts and circumstances surrounding your injury. The information you provide us is confidential and protected under the attorney/client privilege.

You will be asked to sign authorizations so that we may obtain your relevant medical records, medical bills, wage and employment information, accident reports and any other information that may be important such as tax returns or school records. Also, you will be asked to review and sign a contingent fee agreement which clearly explains the terms and conditions of our representing you.

We will then conduct an investigation of your case in order to determine how the accident/injury happened, who was responsible for causing the accident/injury and the nature and extent of your injuries. During our investigation, we will gather evidence such as medical records, photographs, accident reports, police reports, witness statements and other relevant documents. If appropriate, a private investigator and experts, such as engineers, economists and doctors, will be hired by us to work on your case. We will inspect the location of the accident and any vehicles, machinery or equipment involved in the accident.

Once we have the necessary information, we will send a notice of claim letter to the company or person responsible for your injuries and contact their insurance company. A claim letter informs the other side of your intent to pursue a claim for bodily injury. We will then begin exchanging information with the insurance company and determine the amount of available insurance coverage. When we know the full extent of your injuries, we will send a demand/evaluation package to the insurance company detailing the negligence of their insured and the nature and extent of your injuries with full supporting documentation.

Many serious personal injury cases cannot be settled without filing a lawsuit because the evidence cannot be fully developed without the use of formal discovery and subpoenas. In such cases, we would file suit upon the completion of our initial investigation and begin negotiating with the insurance company once the necessary discovery was complete.

Fair settlements are often reached through direct negotiations or mediations. The key to a successful negotiation is for both sides to be open minded and to thoughtfully consider the other side's position.

Depending on the type of case, it could take anywhere from one to two years from the date you file your lawsuit before your case is reached for trial. During this period of time, we will proceed with what we call discovery, which is a formal way of developing the facts and circumstances surrounding your case. Formal discovery is undertaken in preparation for trial. Generally, it consists of:

• Exchanging relevant documents
• Asking and answering written questions called interrogatories
• Taking sworn depositions (testimony) of relevant witnesses

Also, as stated above, once the necessary discovery is complete, the parties will likely enter into settlement negotiations.

Keep in mind that even though a law suit has been filed, most personal injury cases in our office settle without actually going to trial. The key to a successful settlement is thoughtful and thorough preparation. Even though a lawsuit may be started, settlement is still very likely.

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Charles M. Campo, Jr., P.C. and
the Campo Law Firm
617-423-4949 & Toll Free 1-866-529-5300