The Life of a Personal Injury Claim

These are the steps you need to take to protect your interests if you’ve been hurt from a car accident, dog bite, or slip & fall. 1. Call for help: a. If you’ve been hurt in a car accident, call 911 for a traffic collision report & exchange information with the other driver(s). b. If you’ve been hurt from a dog bite or animal attack, call animal control for an animal attack report & get the animal owner’s information. c. If you’ve been hurt in a slip & fall or premises liability incident, make sure to get an incident report from whoever is in charge of the premises; make sure to get the contact information of whomever is in charge of the premises. 2. Get treatment: a. Oftentimes after an injury, your adrenaline level is high and most people don’t realize the extent of their injuries. Don’t wait for the pain to fully set in before you get help; going to an ER or Urgent Care immediately after an incident will allow doctors to examine you and do imaging to see the extent of injuries. 3. Contact an attorney to handle your case: a. With a competent & effective attorney on your side, you can focus on recovering from your injuries and getting back to your normal life. Your attorney will file a claim with the appropriate insurance coverages based on your situation: i. If it’s a car accident, it will be a claim with the other driver’s insurance. ii. If it’s a dog bite, it will be with the homeowner’s insurance of the dogs owner. i. If it’s a premise liability, then the insurance of that establishment. b. While your attorney fights for you, your job is to follow through with proper treatment; make sure to stay consistent with your medical care and to adhere to your provider’s advice. c. Once treatment is complete, your attorney will draft a demand letter; this letter breaks down liability, injuries, treatment, and the amount of compensation being demanded for your case.

Stage 1: Investigation and Insurance Review

The claim begins with gathering evidence and identifying every potentially responsible party. This may include photographs, reports, witness statements, medical records, vehicle or property information, and available video. The attorney also determines which liability, homeowners, commercial, uninsured, or underinsured policies may apply and sends appropriate notices before evidence disappears.

Stage 2: Medical Treatment and Documentation

Medical care serves two purposes: helping the injured person recover and documenting the nature of the injuries. The client should attend recommended appointments, report continuing symptoms accurately, and keep records of prescriptions, mileage, out-of-pocket expenses, and missed work. A claim should not be valued only from the first emergency visit when additional treatment or future care may be necessary.

Stage 3: Demand and Negotiation

When the injuries and future needs can be reasonably evaluated, the attorney may prepare a demand package explaining liability, treatment, financial losses, and the requested resolution. The insurer can accept, reject, or counter the demand. Negotiations may require additional records, clarification from medical providers, or a response to arguments about fault and damages.

Stage 4: Litigation When a Claim Does Not Resolve

If the parties cannot agree or a filing deadline is approaching, a lawsuit may be necessary. Litigation can involve pleadings, written discovery, depositions, expert review, motions, mediation, and trial preparation. Filing a lawsuit does not mean every case will go to trial; many cases settle while the parties continue developing the evidence.

Stage 5: Settlement, Liens, and Distribution

After a settlement or judgment, outstanding medical balances, reimbursement claims, or liens may need to be addressed before funds are distributed. The attorney reviews the release and settlement documents, provides an accounting, and explains the final disbursement. The timeline differs in every case because the injuries, insurance, evidence, and disputed issues are different.