What Is the Process of a Personal Injury Claim?
Understanding the process of a personal injury claim is crucial if you’ve been injured in an accident. Navigating this process can be complicated, but following these seven steps will ensure you are on the right path toward receiving fair compensation. Let’s break down each step so you know what to expect and how to protect your rights.
Step 1: Treatment
If you have been injured in a motor vehicle accident or another event, the first step in the process of a personal injury claim is to seek and receive medical treatment for your injuries. This is critical for both your health and your claim.
Prompt medical evaluation not only helps you recover but also documents your injuries, which the insurance company will review when assessing your claim. Delays in treatment can weaken your case and may allow insurers to argue that your injuries weren’t serious. If you’ve suffered an injury like whiplash, timely treatment can significantly improve your recovery and strengthen your claim.
Claim Tip
Before giving a recorded statement to an insurance company, consult with a personal injury attorney. The insurance company may use your statements against you later.
Step 2: Hire an Attorney
Once you’ve started medical treatment, the next step is to hire an experienced personal injury attorney to represent your claim. The Francis Firm is ready to help you protect your rights and pursue the compensation you deserve. Contact us online or call us at (817) 329-9001.
Your attorney will handle the legal details while you focus on recovering. It is important to hire an attorney early in the process, as vital evidence may be lost if not collected immediately. Hiring an attorney also protects you from making mistakes when dealing with insurance companies.
Step 3: Investigation and Continued Treatment
While you continue your medical treatment, your attorney will begin investigating the details of your accident. This includes collecting medical records, police reports, witness statements, and any other evidence that supports your personal injury claim. The investigation process ensures that all relevant information is gathered for a potential settlement or lawsuit.
It’s important that you complete your medical treatment before moving to the next step. Unresolved injuries that are not documented in your medical records could be excluded from your claim, leaving you responsible for those expenses later. Be thorough and follow your doctor's advice.
Step 4: The Demand Package
Once your treatment is complete and your attorney has gathered all necessary records, a settlement demand will be sent to the insurance company. This demand outlines the details of your injury, treatment, and the damages you are seeking.
During this step of your personal injury claim, your attorney will negotiate with the insurance company to reach a fair settlement. If a reasonable offer is made, the case can be resolved at this stage. However, in some cases, the insurance company may not offer a fair settlement, and the next step may involve litigation.
Step 5: Filing a Lawsuit
If the insurance company’s offer is insufficient or negotiations stall, your attorney will file a lawsuit to pursue your personal injury claim in court. Filing a lawsuit does not mean the case will necessarily go to trial, but it allows for further investigation and strengthens your position.
During litigation, your attorney will gather additional evidence through discovery. This includes requesting documents from the defendant, taking depositions, and interviewing witnesses. This phase often prompts the insurance company to re-evaluate their initial offer.
The lawsuit process also enables your attorney to request evidence from the defendant, which may be crucial to proving liability in your case. This evidence may include accident reports, internal company documents, or witness statements.
Step 6: Mediation
Mediation is a step commonly required by courts before a case proceeds to trial. During mediation, both parties will meet with a neutral mediator to attempt to resolve the dispute outside of court. The mediator helps facilitate negotiations and encourages both sides to reach a compromise.
If mediation is successful, a settlement agreement will be signed, and the personal injury claim will be resolved without trial. If no settlement is reached, the case will proceed to trial, where a judge or jury will determine the outcome.
Step 7: Trial
If mediation fails and a settlement is not reached, the case will go to trial. Trials for personal injury cases usually last between two and three days, during which both sides will present evidence and call witnesses. The outcome of the trial will be decided by a judge or jury, and they will determine how much compensation you are entitled to receive.
Additional Information on Personal Injury Claims
It's important to remember that trials can sometimes be rescheduled, and your case may need to be set for trial more than once. However, the goal is to achieve a fair resolution as quickly and efficiently as possible.
If you have questions about filing a personal injury claim or need help with any of the steps outlined above, contact The Francis Firm today for a free consultation. We have years of experience helping clients successfully navigate the personal injury claim process.