How does the personal injury claim process work

Initial investigation and demand

Your lawyer gathers evidence, reviews medical records, calculates damages, and sends a demand letter to the at-fault party's insurance company. This letter explains liability and requests compensation. The insurance company reviews it, investigates, and responds with a settlement offer or rejection. This phase typically takes weeks to months depending on the injury's complexity.

Negotiation and settlement

Most cases settle during negotiation when both sides reach agreement. Your lawyer counters lowball offers and negotiates for fair value. You review and approve any settlement before it's final. Once accepted, you sign a release agreement and receive payment, though processing takes additional time.

Litigation when settlement fails

If negotiation doesn't produce acceptable results, your lawyer files a lawsuit. This begins the discovery phase where both sides exchange evidence and question witnesses. Cases may settle before trial during this phase. If not, you proceed to trial where a judge or jury decides the outcome. Litigation takes significantly longer than settlement, often years.