What is the Personal Injury Claims Process?

There is no particular personal injury claims process that applies equally in every situation. Each case presents a different set of facts. Nevertheless, many cases share certain features in common, as explained below. 

The best way to reach a fair result is to work with a knowledgeable personal injury lawyer who can guide you through the process.

Step 1: Gather Evidence at the Scene of the Accident

Collect evidence at the accident scene to the extent your injuries allow you to. For example, after a car accident, be sure to obtain contact and liability insurance details from the other driver. Take photos of anything that appears to be relevant, and get contact information from any witnesses.

Step 2: Seek Medical Attention

You should assume that you suffered an injury – no matter how you feel – if your body suffered any impact at all. Some injuries, such as whiplash, may take time to show symptoms. If you delay medical treatment, you’re inviting the insurance company to claim that your injuries did not occur until some time after the accident.

Step 3: Consult a Personal Injury Lawyer

Not all personal injury claims require the assistance of a lawyer, but many of them do. If you’re going to get an attorney involved at all, it’s best to do so early on. That way, they will already be familiar with your case when it matters the most. Most personal injury attorneys won’t charge you any legal fees until and unless you win your claim. 

Step 4: Investigate Your Claim

Let your lawyer handle this for you. Investigating your claim might mean:

• Interviewing witnesses
• Obtaining a copy of the accident report, if any
• Obtaining copies of your medical records
• Reviewing your photographs
• Requesting surveillance footage of the incident

There are dozens of other ways to obtain preliminary information about your claim.

Step 5: Send a Demand Letter to the Opposing Party

A demand letter is a formal letter to the paying party (probably an insurance company) describing your claim, justifying it, demanding compensation, and setting a deadline for a response. It might also include supporting documents, such as medical records and copies of your medical bills. 

Step 6: Try to Negotiate a Settlement

If the opposing party responds to your demand letter, it will probably be with a low counteroffer. That’s okay because you can always reply with a higher offer. You’ll probably be negotiating with an insurance adjuster – in other words, a professional negotiator. Let your lawyer handle the negotiations for you.  

Step 7: File a Personal Injury Lawsuit If Necessary

Most personal injury claims are settled before any lawsuit is filed. 

However, it makes sense to file a lawsuit, even if you still hope for a settlement, if:

• Negotiations have stalled
• The statute of limitations deadline is looming
• You suspect that significant evidence, including potential testimony, is in the possession of the defendant

You can always agree to withdraw your lawsuit in exchange for a fair settlement.

Step 8: Engage in Pretrial Discovery

In pretrial discovery, you can demand certain evidence from the defendant (testimony, physical evidence, or documents, for example). If the other side refuses to cooperate, you can petition the court for sanctions. Be careful because they can do the same to you.

Step 9: Reopen Negotiations

Once you have completed the discovery process, you should be as rich in evidence as you are ever going to be. Hopefully, this wealth of evidence will strengthen your bargaining position so much that the defendant will see no choice but to settle.

Step 10: Mediate

If the defendant still won’t settle, you can bring in a third-party mediator to help you reach a compromise. In fact, by this time, the court will probably be pushing you to mediate. 

Step 11: Reach a Settlement or Go to Trial

If you reach a settlement like most parties do, you need to have your lawyer draft a settlement agreement. The opposing party’s attorney will probably go back and forth with your lawyer over the exact wording. Once both parties sign the agreement, it becomes a binding contract.

If, on the other hand, you go to trial, a jury will likely decide your fate. Both sides will present their arguments to the court, and a verdict will be reached.

An Experienced Personal Injury Attorney Can Help You Navigate the Claims Process

If you’ve suffered an injury, it’s wise to seek legal counsel to determine whether you require representation. Most personal injury lawyers offer a free consultation, so consider scheduling a few to discuss your rights and options.