The Personal Injury Claim Process Explained

Accidents happen every minute of the day! Did you know that injury is responsible for over 150,000 deaths, more than 3 million non-fatal injuries in the United States each year? They can happen anywhere!

If you have injuries due to another person’s careless or reckless behavior, you may receive financial compensation. You may also receive compensation for non-financial losses such as pain and suffering.

So you were in an accident, and now you need to submit a personal injury claim? Learn about the whole process from beginning to end below.

What Is a Personal Injury Claim?

A personal injury claim is a lawsuit you can file if you have injuries from an accident caused by someone else. It’s the legal process of suing the person who caused your injuries.

Usually, the responsible party’s insurance company is the one to be sued, alternatively, the guilty individual himself. However, most personal injury claims can be made on a no-win, no-fee basis, meaning no upfront charges and no fees if your claim fails.

Any of the following situations may give rise to a personal injury claim:

You were hurt in the last three years
The injury made you both physically and financially hurt
Someone else was entirely or partially responsible for the injury

If you are injured in an accident, it can be a real life-changing experience. Of course, nobody expects to get hurt. If you are, your best bet is to contact a personal injury lawyer for advice on how to best proceed.

The Personal Injury Claim Process

The process starts with meeting a lawyer. A personal injury lawyer will answer your question of when should you file a personal injury claim? And will help you with mistakes to avoid when filing such a personal injury claim.

Most personal injury law firms provide this initial case review at no charge. But let’s look at the steps a personal injury lawyer will take to file your claim:

Your Attorney Will File Documents at Court

Your lawyer will file and serve the necessary documents. The defendant will be the person you sue. You’ll be the plaintiff.

The complaint will detail your injuries, the legal grounds for holding the defendant accountable, and the amounts sought. The defendant will reply.

Entering Discovery

After both sides submit and serve their initial documents, discovery begins. This is a formalized exchange of evidence.

Your lawyer will send the defendant some questions and may also request documents.

Your lawyer may also consult accident experts or medical specialists. These professionals can submit reports to your lawyer. Then, one or all these experts may testify for you in court.

The Pre-Trial Stage

Attorneys typically use Pre-trial motions to compel the opposing party to provide evidence. Attorneys may, however, file motions aimed at negotiating or resolving a case before it reaches court.

Settlement Negotiations Between the Parties

Before a case goes to trial, the attorneys for both sides usually try to reach an agreement. A settlement is an agreement between the defendant and the plaintiff. In this agreement, the defendant chooses to pay compensation, and the plaintiff agrees to discharge the defendant from liability.

Most personal injury claims are settled before trial.

Going to Trial

If the parties cannot reach an agreement, the case will proceed to trial. In the trial, the jury will decide the defendant’s liability and the amount of the compensation.

After the court grants you a judgment, your lawyer will collect and distribute the monies.