Our Legal Process

A personal injury claim is not only about the legal steps but also about being human and always ready to support victims in their endeavor to seek justice.

How your personal injury case develops

To develop your case, we investigate, hire our experts, coordinate with you, do all the necessary work, and put together the best settlement demand package.

Sean M. Cleary

When you contact us believing you have a claim, there will generally be phone discussions with our accomplished paralegals, Cris L. and Noelia V., who also speak Spanish and can communicate however you prefer. We'll get your personal information and all the details about your accident, injuries, time and date, witnesses, medical records if any (if the injuries are serious we request medical records right away), crash reports, and damages.

We evaluate the specifics of your accident and whether you need an attorney and we can tell immediately after getting the documents if you have a case. Ultimately, we'll give you our advice on whether you should pursue certain claims and whether you should hire us to pursue those claims on your behalf.

After receiving the documents, Sean Cleary will meet with you for free to offer a consultation. If we think you were not at fault and have suffered an injury that warrants our involvement, then we'll step in and make sure we're ready to go all the way to trial. Many cases come to us where people are dissatisfied with the evaluation received from other lawyers. Sometimes, Sean Cleary will accept significant injury cases, even if other attorneys turned them down. However, often, we advise clients who come in with a case potentially valued under $10K how to go to small claims and pursue it that way.

The legal process will not be expensive or burdensome for you or your family members when you retain The Law Offices of Sean M. Cleary. If you choose to retain us as your legal representative, we will thoroughly research your case, evaluate the damages you have suffered, identify the responsible parties, and file a claim for the full amount of compensation to which you are entitled.

We take great pride in communicating with you. It may sound like an easy thing, but many cases come to us where people fired their previous lawyer because they couldn't get a return phone call. We make sure you'll get a phone or e-mail back from us and that we communicate. When you want to know what is going on with your case or you have a question, you deserve an answer, and we give it to you.

At The Law Offices of Sean M. Cleary, we like to walk you through the entire process of what you can expect down the road, and we want you to understand what our law office does. We educate you about being patient with the process and letting it unfold as it should so we can get you fully compensated. Our mission is making sure you get fully compensated. That can involve some or all of the following steps:

1. Preliminary Investigation

It is critical in the beginning stages of your case for an investigator to gather information about the circumstances surrounding your accident, to get witness statements and to determine who the parties are that are responsible for your injuries. Your medical records will be examined by a physician working with us, to determine the actual extent of the injuries and their cause. In certain cases, experts must be hired to give their opinions in their field of expertise as to the cause of an accident or your injuries.

2. Pre-trial Settlement

Before filing the actual lawsuit, we'll try to reach the best settlement for you outside the courtroom. When we step into a case, even a smaller one, if we agree to take it, we agree to represent you until the insurance companies involved treat you fairly and make a fair settlement offer. If they don't, then we'll let a jury tell them what a fair amount is for compensation.

3. The lawsuit

After the parties who are responsible for your accident are identified, a Summons and Complaint is served on those parties. The Summons and Complaint is the legal document that starts your lawsuit. The responsible parties then hire a lawyer who answers the Summons and Complaint.

4. Discovery

In this phase of the process, we have the right to obtain information, documents, and materials from the other side. At your deposition, the opposing attorney will question you about your accident, how it happened and the injuries you sustained. Your deposition will be under oath and our attorney will be present to prepare you and protect your interests.

5. Mediation

Usually, courts require that we try to reach a settlement with the help of a neutral mediator before the case goes to trial. It's still rare for a case to be tried, but many cases go all the way to the courthouse steps. About 90% of cases settle before trial. The trial is a very expensive and time-intensive process. It's important that you know the risks and potential rewards of going to trial. A lot of times the threat of trial is what is important, the closer a case proceeds to trial, the more reasonable the parties become and cases settle.

6. Pretrial Conference

If mediation does not result in a settlement, the case will be set for trial. The waiting time for the trial varies; however, it could be anywhere from six months to three years or even more. Once the date has been established, we can request that the court holds a pretrial conference where certain legal issues can be clarified.

7. Trial

When the parties just don't see eye to eye on one or more issues, and they can't get into a range that financially makes sense, given the way they had the case evaluated, we will go to trial, and a jury will decide the case. We like to think of ourselves as distinguished from other law firms in that we try cases. Most lawyers settle cases; they don’t try them. You want a lawyer prepared to try your case, even though most cases don't get to trial, because the cases that are prepared and the lawyers that are ready to go to trial get better results than the ones who just settle them. We try cases, and we get great results.

Call us now: 305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.