HOW A PERSONAL INJURY ATTORNEY HELPS AFTER AN ACCIDENT
If you’ve been injured in an accident, it’s normal to feel overwhelmed. Between medical appointments, insurance calls, paperwork, and the stress of trying to get back to normal life, the legal process can feel confusing — especially if you’ve never been through it before.
At McMullin Injury Law, we believe that one of the most helpful things we can do is explain what to expect. While every case is unique, most personal injury cases follow the same general path.
This guide walks through the major phases of a personal injury case in the order they typically happen, so you can understand the process from start to finish.
Phase 1: The Initial Case Setup (What Happens First)
The first phase begins right after you hire a personal injury attorney. This is often called the new case setup phase, and it is where the foundation of your claim is built.
During this stage, your attorney and paralegal begin gathering key information, such as:
Insurance claim numbers
Police reports
Photos and documentation
Medical provider information
Your attorney will also contact the insurance companies to let them know you are represented. This is important because it stops direct communication between you and the other driver’s insurance adjuster — which helps protect you from common insurance tactics.
This is also the stage where we advise clients to be cautious about social media. Even innocent posts can be misinterpreted and used against you later.
Phase 2: The Treatment Phase (Getting Diagnosed and Healing)
The treatment phase is one of the most important stages of your case — and not just legally.
This is where you focus on your health, get properly diagnosed, and follow a care plan designed to help you recover. Seeking medical care early matters because insurance companies often argue that delayed treatment means you weren’t truly injured.
It’s also important to treat consistently. Gaps in treatment can be used by the insurance company to suggest that you healed, or that something else caused your symptoms later.
This phase also includes important questions like:
Which doctors should you see?
Do you need imaging like X-rays or an MRI?
What happens if a specialist recommends future treatment?
Your legal team’s job is to help you through the process, protect your case, and help you access the care you need.
Phase 3: Demand Preparation (Building the Demand Package)
Once you have either recovered or reached maximum medical improvement, your case typically moves into the demand preparation phase.
This is when your attorney prepares a demand package — a comprehensive presentation of your case sent to the insurance company.
Demand packages usually include:
Medical bills
Medical records
Lost wage documentation (if applicable)
Out-of-pocket expenses
Evidence supporting your injury claim
One of the most important parts of this phase is your story — the human impact of what you’ve been through. Pain and suffering is not just a number on a page. It’s the real way the injury affected your daily life, your relationships, your ability to work, and your ability to do the things you enjoy.
Phase 4: Negotiation (How Settlement Offers Work)
After the demand package is sent, your case enters the negotiation phase.
This is where settlement discussions begin. The insurance company reviews your demand and responds with an offer. From there, negotiations move back and forth until one of two things happens:
The case settles, or
The insurance company refuses to be reasonable and litigation becomes necessary
During this phase, communication is key. Your attorney will keep you updated on offers and help you understand what options you have.
Every case is different, but major factors that influence settlement value include:
Injury severity
Medical bills
Wage loss
Pain and suffering
The insurance coverage available
Phase 5: Settlement (What Happens After a Case Settles)
When a settlement is reached, many people assume they will receive their check immediately.
In reality, there are several steps that happen after settlement before money is distributed. The first step is signing a settlement release, which is a legal document that officially closes the claim.
Your attorney reviews the release to ensure it matches the settlement terms and protects you appropriately. Once the release is signed, the insurance company sends the settlement check to the law firm.
Phase 6: Settlement Disbursement (Accounting, Bills, and Your Check)
After settlement funds arrive, your case enters the settlement accounting and disbursement phase.
This is the stage where your legal team finalizes the numbers and ensures that:
Outstanding medical bills are handled
Any liens are resolved according to Utah law
Payments are issued properly
Your settlement is fully documented
The settlement check is deposited into an attorney trust account (IOLTA), which is governed by strict rules designed to protect client funds. Once the check clears and all accounting is completed, you will come in to receive your settlement package and check.
This phase also includes one of the most common questions: taxes. In most cases, personal injury settlement funds are generally non-taxable — but clients are often encouraged to consult a tax professional.
Phase 7: Litigation (If a Lawsuit Is Necessary)
Not every personal injury case requires a lawsuit. In fact, most cases settle before trial.
However, if the insurance company refuses to fairly evaluate your claim, your attorney may recommend filing a lawsuit. This is the beginning of litigation.
Litigation is the process of moving a case through the court system toward trial — though settlement opportunities still exist throughout the process.
In general, litigation includes four phases:
Initiation and disclosures
Fact discovery
Expert discovery
Trial preparation and trial
Phase 8: Depositions (Being Questioned Under Oath)
If a lawsuit is filed, one of the most common events is a deposition.
A deposition is a formal question-and-answer session where the other side’s attorney places you under oath and asks questions about your background, the incident, your injuries, and how the injury affected your life.
Depositions can happen in person or by Zoom. Your attorney will prepare you ahead of time, and a court reporter records everything that is said.
The key to a successful deposition is being honest, credible, and answering questions clearly without volunteering extra information.
Phase 9: Rule 35 Medical Exams (Independent Medical Exams)
During litigation, the defense may request what is known as a Rule 35 medical exam.
This is an exam performed by a doctor chosen by the defense. The purpose is not to treat you — it is to evaluate you and provide opinions related to your injuries.
These exams often involve questions about medical history and an orthopedic evaluation. It is extremely important to be consistent, truthful, and credible during the exam.
You Don’t Have to Navigate This Alone
A personal injury case has many phases, and it’s normal to have questions along the way. The good news is that you don’t have to figure it out alone.
At McMullin Injury Law, our job is to guide you through each stage of the process, handle communication with the insurance companies, and fight for a fair outcome while you focus on healing.