The Personal Injury Claim Process: What to Expect From it All  

The American judicial system processes close to 40 million lawsuits every year. Out of these cases, a considerable chunk are from victims seeking redress for personal injuries incurred. In case you sustain injuries at your workplace or in a public place following another person’s negligence, it’s within your right to follow up for compensation.

The compensation seeks to provide financial relief for the lost opportunity to earn an income. Most Americans are unsure of what to do if they ever suffer injuries at the workplace or in any public setting. A personal injury claim is an essential legal provision that every person should understand.

Are you thinking of filing a personal injury claim but are unsure of what to expect? In this article, we breakdown everything you need to know about the process of filing a personal injury claim.

What Is a Personal Injury Claim?

A personal injury refers to physical or psychological harm or illness caused by another person’s negligence. Such injuries may either occur at the workplace or in a public setting. When a personal injury occurs, you’ll likely suffer mental, physical, or financial damages.

Such damages or injuries often inform the need to file for a personal injury claim. The claim is a formal notice to the plaintiff and their respective insurers to pay for the damages or injuries caused. A successful personal injury claim often results in financial compensation to meet the medical cost and the lost productive time.

What to Expect During a Personal Injury Claim Process

An injury can be one of the most frustrating occurrences. While you need to recuperate, you must also follow up on the process of compensation, which can also be overwhelming. There’s a lot to deal with during such instances, including communication with insurance companies.

Most personal injuries victims give up on the process halfway into filing the claim due to the complexities that underlie. However, this process can be easier with the right information and a reliable personal injury attorney. Here’s what to expect when filing a personal injury claim.

Getting a Personal Injury Lawyer 

Filing for compensation can be a daunting task is you don’t have a reliable solicitor. You’ll need professional legal counsel during the personal injury claim filing process. The personal injury lawyer will then take over the process of filing and initiating the process of negotiation.

You might be wondering why personal injury attorneys are necessary for this process. Well, personal injury attorneys play the critical role of advising you while also negotiating the terms of compensation on your behalf. Seasoned lawyers also guide you on whether to commence an actual trial when the party responsible for the injuries are unwilling to pay for the damages.


Once you hire a reputable lawyer to guide you through filing the claim, the next step should be to start the investigation process. Your lawyer takes full control of this process at this point. The attorney will begin collecting information and details related to the injury in preparation for filing a successful claim.

The process of collecting information can take anything between a few days to a few months. It’s essential to ensure that the process of gathering information is comprehensive. The quality of your evidence depends on how much information you have.

It may take a seasoned lawyer to help you gather the needed evidence to help you navigate your way through the personal injury case. You should expect questions related to the accident and the circumstances leading up to the injury. The goal in such cases is to help develop sufficient evidence to support your injury claim.

Identifying Liable Parties  

The process of documenting and gathering evidence ends with the identification of the liable parties. Determining liability goes beyond hearsay. It may help to consider all the information related to the case before identifying the responsible parties. Depending on the underlying evidence, the liable parties could either be more than two in a given case.

Further, the liable party could also be an organization or a limited company. Your injury lawyer can help you make that determination. Identifying the responsible parties should then inform the next step, which is negotiating with the insurance companies.

Negotiation With Insurance Companies    

This is the hardest step in the course of filing for a personal injury claim. You want to ensure that the process favors you. However, this will only happen if you engage an aggressive negotiator. The lawyer must present a rock-solid case that will support the prescribed settlement.

Negotiations can be murky waters, especially when the case involves multiple liable parties. It would help to walk away from an attorney who promises a particular outcome in a specific case. This is because the determination of a personal injury case can go either way.

Most personal injury cases end without trial. However, this depends on the insurance companies’ willingness to pay after the negotiation process. In case the insurance company is unwilling to pay, you can proceed with the trial process.

Pretrial Conference 

The pretrial conference is the next step in case the insurance company is unwilling to play ball. If this happens, respective lawyers should convene a meeting, which then sets the modalities for further negotiations.

Collecting Your Money 

The ultimate objective of a personal injury case is to get financial compensation for losses incurred. Once the settlement is over, you can then proceed to collect your money. The defendant must also move to pay the court amount incurred during the process.

In some unique cases, the personal injury case may proceed to an appeal if a settlement is unbecoming. While most cases don’t take this route, it’s always prudent to prepare for the worst.

Filing a Personal Injury Claim Is Now Easy 

No one anticipates suffering an injury in the workplace. However, when this happens, you need to be ready to undergo the process of filing a personal injury claim. Working with a personal injury lawyer can help you get compensation for the injuries sooner.

Have you been wondering how to proceed with the process of seeking compensation following a personal injury? All you need is a reliable personal injury attorney to help you navigate the process of negotiating and receiving payment.

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