Filing a personal injury claim can feel overwhelming, especially after a traumatic event like a car crash, a medical error, or a workplace accident. Understanding the steps involved can make the process less intimidating and help you navigate it with confidence.
After suffering an injury caused by someone else’s negligence, the first step is often to consult a personal injury attorney. Most attorneys offer free consultations to assess your case and determine if you have a valid claim. In most instances, personal injury attorneys work on a contingency basis, meaning you won’t pay any upfront costs. They only get paid if they successfully recover compensation on your behalf, with their fee coming from the settlement or jury award.
Once you’ve hired an attorney, they will begin by contacting the responsible party—typically an insurance company or corporation—demanding compensation for your injuries and damages. If the demand is denied or ignored, your attorney will file a formal lawsuit to pursue the compensation you’re entitled to.
After filing the lawsuit, the case enters the discovery phase, where both sides gather and exchange evidence. Your attorney may reconstruct the accident, interview witnesses, review medical and police records, and consult experts to build a strong case. This process is essential for establishing liability and demonstrating the full extent of your damages.
Once discovery is complete, most personal injury cases proceed to mediation or settlement negotiations. During this phase, both parties work toward agreeing on compensation to avoid the time and expense of a trial. The majority of personal injury claims—90-95%—are resolved through settlement. However, a good attorney will never recommend accepting a settlement that doesn’t fully cover your damages.
If a settlement cannot be reached, the case will go to trial. During the trial, both sides present their arguments before a judge or jury, who will determine liability and the amount of compensation owed to the plaintiff. While trials can be complex and time-consuming, they are sometimes necessary to ensure fair compensation.
At every step of the process, an experienced personal injury attorney will guide you, advocate for your rights, and work to secure the best possible outcome. By understanding what to expect, you can approach your personal injury claim with greater clarity and confidence.
