Your Guide To The Personal Injury Lawsuit Process

Jed Dietrich, Esq., Distinguished as a New York Super Lawyer, and His Team of Aggressive, Tenacious, and Hardworking Attorneys at the Dietrich Law Firm P.C., Recognized as an American Institute of Personal Injury Attorneys 10 Best Personal Injury Law Firm, Fight to Obtain Unsurpassed Results for Victims Seriously Injured in Personal Injury Accidents Throughout Western New York.

Road Being involved in an accident, such as a car collision or slip and fall, and suffering serious injuries can be a shocking and disheartening ordeal. Accidents often leave victims with long and difficult paths to recovery. Victims may suffer from agonizing pain, massive financial burdens, and stress over obtaining adequate compensation for their injuries. A personal injury lawsuit is a legal action that you can file after being injured in an accident due to someone else’s carelessness or negligence. It is a legal process used for recovering compensation from the responsible party. At first, the process can seem complicated and confusing. Nevertheless, personal injury lawsuits are designed to safeguard the rights, welfare, and financial futures of accident victims.

If another’s negligence caused your accident and resulting injuries, it is crucial to carefully consider all of your legal options. Your injuries could have damaging implications on both your overall wellbeing and livelihood. Victims of accidents should not have to struggle to pay costly hospital bills, especially while being unable to work. Pursuing a personal injury claim against the responsible party may be the only way to start to rebuild your life. With the help of our experienced personal injury lawyers, you may be able to recover adequate compensation and get back on your feet faster. At the Dietrich Law Firm P.C., we pride ourselves on helping victims, and their families successfully navigate their cases from start to finish. We work to ease all of our clients’ worries by managing every legal aspect of their claims.

Jed Dietrich, Esq. and his team of battle-tested personal injury lawyers have witnessed the detrimental impacts that the catastrophic injuries suffered by accident victims can have on them and ultimately their loved ones. After a severe mishap, a victim’s top priority should be recovering, and our elite team is here to help with everything else. The Dietrich Law Firm P.C.’s team possesses the experience and expertise necessary to ensure that you are in a position to obtain the highest possible recovery for your damages. Jed Dietrich, Esq. has battled to obtain over $175 Million in verdicts and settlements for victims who were injured in Buffalo, New York, and beyond. Our honorable commitment to exceeding your expectations and delivering an exceptional outcome is what sets us apart from the competition. The Dietrich Law Firm P.C. offers complimentary lawsuit evaluations and consultations. We will treat you with respect and compassion and help you get through this difficult time. Our veteran team is available 24 hours a day, 7 days a week, at 716-839-3939, or by filling out the online consultation form.

Personal Injury Claims (From Start To Finish)

Although the thought of filing a personal injury lawsuit may be intimidating to you, by better understanding the process, you can make an educated choice whether or not to pursue your case. As such, we have dedicated this page to guide accident victims through their claims. Below is a brief overview of the various steps that make up the process:

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  1. Screening: As soon as you are ready, you should contact a lawyer to request a consultation to discuss the details of your accident, injuries sustained, and treatment obtained. The attorney will consider who was at fault and the extent of your injuries to establish the best course of action. You may be asked about your insurance coverage and to sign a medical record release form. During your consultation, it is important to be as open and honest as possible.
  2. Initial Investigation: After taking on your case, the Dietrich Law Firm P.C. will commence a thorough investigation of your accident. This involves gathering and reviewing all of your medical records and other relevant documents, interviewing potential witnesses, obtaining pictures of the accident scene and injuries, attaining surveillance footage, collecting and preserving all physical evidence, and contacting the appropriate insurance providers.
  3. Filing A Claim: If you were involved in an accident with a defendant that has an applicable insurance policy, before filing a lawsuit, we will initiate a claim with their insurance company. The insurance company will assign a claim adjuster to try and negotiate a settlement. If the other party is not insured, we will send them a demand letter outlining your damages and anticipated compensation. Most personal injury cases are settled without ever going to trial.


  5. Filing A Lawsuit: If a fair settlement cannot be obtained, we will file a lawsuit and submit a formal complaint to the court. The opposing party will be served with a complaint and summons. A summons informs the defendant how long they have to file a response. Insurance companies may feel more compelled to settle after being served.
  6. Discovery: During the discovery process, each party can examine the other side’s legal claims and defenses. The three main forms of discovery are the production of documents, written discovery, and depositions. Discovery is meant to let each side know exactly what to expect at trial. Both the plaintiff and defense attorneys can submit requests for interrogatories and desired documents. Depositions of all pertinent witnesses can be taken by both sides. The person being deposed is asked questions, while under oath, about the case. Furthermore, the defense may request the plaintiff to submit to an independent medical exam (IME).
  7. Pre-Trial Motions: A motion is a request filed by a lawyer asking the court to rule on a specific matter. For example, the defendant may file a motion to dismiss the case. Other types of pre-trial motions may include various discovery-related motions, motions for summary judgment, and motions to vacate a default judgment. The court will typically hold a hearing to consider any motions. After the court decides on all filed motions, a trial date will be set.
  8. Mediation: Mediation can take place at any time during the litigation process. During mediation, both the plaintiff and defendant meet with a mediator to determine whether it is possible to settle. Both sides are split up into different rooms and have an opportunity to argue their cases with the mediator. The mediator goes back and forth between the opposing parties until a settlement is reached. If a settlement is not possible, the lawsuit will continue, or attorneys may elect for an arbitration. Arbitration, often regarded as a mini-court case, is a hearing that is judged by a neutral third-party. An arbitrator’s decision regarding the case is considered binding and final.
  9. Trial: If a settlement cannot be agreed upon, your case will proceed to trial. At trial, all of the evidence, such as photos, police reports, and video footage, will be presented. Additionally, witnesses will be able to testify before the court reaches a verdict. Personal injury trials usually last anywhere from 3-10 days. Having a skilled trial lawyer capable of presenting evidence in your favor is crucial for obtaining the compensation you deserve.

For more information regarding the personal injury lawsuit process, please feel free to contact us today. If you, or a loved one, have suffered injuries or worse in an accident, you want the best personal injury attorney in Western New York to pursue your claim and hold those responsible accountable. Jed Dietrich, Esq., a proud member of the Million Dollar Advocates Forum, has exclusively handled serious personal injury cases since 1999. Jed Dietrich, Esq. and his seasoned team of lawyers will zealously battle to obtain the best result for those injured in accidents. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, offers complimentary case evaluations and consultations. Jed Dietrich, Esq. would be honored to speak with you regarding your claim. We are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you! Call our best of the best law firm today at 716-839-3939.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
Jed is a Master in the courtroom without an equal. S.C.
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