After an accident, you may have questions like: Do I need a lawyer? How do I start a claim? What happens next? The personal injury claims process might seem overwhelming, especially if you’re trying to recover from serious injuries. However, once you understand the steps involved and consult with a personal injury lawyer, the process becomes much easier to manage.
Here’s a step-by-step guide to the claims process so you can make informed decisions and protect your rights.
Step 1: Get Medical Treatment
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Your health comes first. After any accident, see a doctor right away, even if you do not think you are hurt. Some injuries, like whiplash or concussions, can take hours or days to show symptoms.
Seeing a doctor also creates a medical record that can be important for your claim. If you delay treatment, the insurance company might say your injuries aren’t serious or weren’t caused by the accident.
Step 2: Initial Consultation With a Personal Injury Attorney
Unless you have a straightforward claim involving only property damage or very minor injuries, consulting a personal injury attorney is a good step to take next. An attorney can evaluate your situation, help you understand your rights, and provide guidance on the next steps.
During the initial meeting, you’ll discuss your accident and get personalized advice about your legal options. If you decide to hire a lawyer, they can handle the paperwork, negotiate on your behalf, and protect you from insurance companies’ tactics.
Step 3: Investigate and Collect Evidence
Your lawyer will begin investigating how the accident happened and who was at fault. They will gather evidence, interview witnesses, and analyze medical records. Your attorney may also consult experts, such as accident reconstruction specialists, to provide insight or testimony that strengthens your claim.
This stage is crucial because recovering compensation requires determining who is liable for your damages and evidence proving their fault.
Your attorney will also assess your damages and determine the value of your losses.
Step 4: Submit an Insurance Claim
Most personal injury claims begin by filing a claim with the at-fault party’s insurance company. This is called a “third-party claim.”
However, in states with no-fault insurance, most injury claims are first-party claims filed with the injured party’s own insurance company. In these states, the at-fault driver’s policy only pays for property damage, except in certain scenarios like severe injuries.
Your lawyer will prepare a demand letter, which includes:
- A summary of the facts of the accident
- A description of your injuries and damages
- Explanation of why the policyholder is responsible for your damages
- A dollar amount you’re asking for in compensation
The insurance company may respond with a settlement offer, make a counteroffer, or deny the claim. A denial can be appealed.
Step 5: Negotiate a Settlement
Negotiations can take weeks or months. Insurance companies often start with lowball offers, hoping you’ll accept less than you deserve. Your lawyer will negotiate on your behalf to reach a fair settlement.
The stronger your evidence, the more likely the insurance company will be to make a fair offer. However, the insurance company won’t settle for more than the policy’s limit.
Your lawyer will advise you about any offer that’s received and help you make an informed decision. Once a settlement agreement is signed, it’s final. You won’t be entitled to additional compensation later, even if your damages turn out to be greater.
If a reasonable agreement can’t be reached, your lawyer may recommend filing a lawsuit.
Step 6: File a Personal Injury Lawsuit (If Needed)
Filing a lawsuit doesn’t mean you’ll go to trial. In fact, most personal injury cases still settle before ever seeing a courtroom. But sometimes a lawsuit is necessary for the insurance company to take your claim seriously.
Once a lawsuit is filed, both sides exchange evidence in a process called “discovery.” This may include:
- Depositions, or statements given under oath
- Interrogatories, questions submitted to the other party that must be answered under oath
- Document requests
- Physical examinations
Your case is more likely to settle during or after discovery. During this process, both sides gain a better understanding of the other side’s position and the weaknesses and strengths of their case.
If your case doesn’t settle, it will go to trial. A judge or jury will then decide whether the defendant is liable and how much compensation you should receive.
Step 7: Settlement or Award
After reaching a settlement or jury award, you’re close to finally receiving your compensation. Most settlements are paid as a lump sum, but some are paid over time.
In most cases, the proceeds will be deposited in the attorney’s trust account. Medical liens, expenses, and then attorneys’ fees will be deducted from this amount before you are sent a check for the remaining amount.