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A Guide Through the Personal Injury Claim Process 


It may feel like there are a million tasks to get through after you’ve experienced a personal injury. The claim process is just one aspect of the accident aftermath that can feel overwhelming. But understanding the personal injury claim process can help you seek compensation for your losses. In this guide, we’ll walk you through the steps involved and shed light on how these claims work. 

The Scene of the Injury  

There are things you should and can do at the scene of the injury.   Keeping these things in mind will promote the safety of you and those around you and aid in processing your personal injury claim. 

  1. Get yourself and anyone else involved to a safe place. Safety is the most important thing at the scene of an accident or injury. For example, if you’ve been in a car accident, make sure that you aren’t likely to be hit by other cars that might be passing by.  
  1. Check for injuries. After an accident, it’s likely that your adrenaline is pumping, so you might not always notice right away if you’ve been hurt. Do a quick once-over to see if you identify any injuries.  
  1. Call the police. Requirements vary from state to state, but every state requires you to call the police after an accident where someone has been injured or killed. It’s a good idea to contact the police regardless. Their reports can be helpful in documenting the accident and the injuries.    
  1. Accept medical care. Emergency medical staff may arrive on the scene. Even if you don’t believe you’ve been hurt, you should always have them look at you. They’re trained to detect injuries that you might not be aware of.  
  1. Try to take photographs. It’s not always possible to take photographs of the scene, but if you can, you should. Photos can help in documenting what happened or provide a different perspective.  
  1. Do not take responsibility for the accident. It’s impossible to tell exactly what or who caused an accident when you’re in it. Since you’re working with incomplete information, don’t make any statements about your responsibility. There’s time for that later, and such speculative statements are not helpful to anyone and can be misleading.    

Step 1: Seek Follow-Up Medical Attention 

One of the most crucial priorities is your health and the health of your loved ones. Seek prompt medical care even if there are no obvious injuries you’ve noticed. You should see your doctor if you weren’t evaluated on scene, or if the medical professionals on scene told you to follow up.  

Medical records are important in personal injury cases, because they are often the most in-depth evidence of exactly what injury occurred.  Your health is everyone’s most important concern and documenting your injuries can be helpful for your personal injury claim.  

Step 2: Consult with a Personal Injury Claim Lawyer 

Once your immediate medical needs have been addressed, it is a good idea to get in touch with a personal injury lawyer. This is your advocate as you move through the rest of the process.  

Many people don’t realize that you can hire a personal injury attorney without intending to file a personal injury lawsuit. In fact, most personal injury cases end in a settlement rather than a verdict. It’s never too early to speak with an attorney about your case.  

You will want to find a law firm that focuses on personal injury cases. Personal injury law is often complicated, and you need an attorney and a law firm with experience and a personal track record of success. But qualifications aren’t all you should look for. It’s important that you and your attorney work well together. Personal injury attorneys usually offer free initial consultations.  

Be sure to research reputable attorneys and consider taking advantage of free consultations to discuss the specifics of your claim.  

Step 3: Personal Injury Claim 

Your chosen personal injury lawyer will help you prepare, assert, and (if necessary) file a personal injury claim. This involves drafting a document that outlines the details of your incident, your injuries, and the compensation you are seeking. Your lawyer will help you gather important pieces of evidence such as medical records, witness statements, and other documentation that could be relevant to your case.  Learn more about filing a personal injury claim. 

Step 4: Negotiation and Settlement  

Personal injury lawsuits rarely go immediately to court. Many personal injury claims are resolved through negotiation. Your lawyer will take this responsibility and will engage with the other party or its insurer on your behalf.   

However, these negotiations can take time. Your attorney may have to investigate the case, find and speak with witnesses, and seek expert opinions. The other driver’s side will be doing the same thing. And if either side is unwilling to be flexible at all, then it can draw this process out even longer and at times require that a lawsuit be filed in court.   

If an agreement for a fair settlement is reached, the case can be resolved without going to court.  

Step 5: Filing a Lawsuit 

In the case that negotiations fail, and an agreement is not reached, your lawyer may proceed to file a lawsuit. They will present evidence, examine witnesses, and argue your case in court. The final judgment will then be determined in court. 

Unfortunately, lawsuits can take even longer than the negotiation period. The case may take anywhere from months to years to complete. Typically, settlement negotiations are still going on even after the lawsuit has been brought, in hopes that a decision can be reached more quickly. Attorneys will investigate the case and then must provide the information they find to the other side. This is called discovery. After discovery, lawyers typically need additional time to prepare their evidence and arguments. When this is complete, the attorneys for both sides make a series of statements in front of a judge and a jury. When all the evidence is presented, the judge or jury renders a verdict, which usually includes which side is at fault and how much they must pay the other side.   

Step 6: Appeals (If Necessary) 

In some cases, either party may choose to appeal the court’s decision after the verdict has been delivered. This process can extend the timeline but can be essential for ensuring a fair outcome.  

Personal Injury Lawsuit Timeline Summary 

The key stages to remember when it comes to the aftermath of an accident are to take care of you and your loved ones and then take care of being compensated for your injuries and damages.  Once you have sought medical attention, you can leave the case in the hands of your trusted personal injury attorney. They will help you file a claim, gather evidence, negotiate, and get you to settlement or court if needed.  

We Fight for Your Rights! 

You don’t have to navigate the complex personal injury claims process alone. At DiPasquale Moore, our personal injury lawyers are here to stand by your side, guide you through the steps, and be your advocate. We believe that the parties responsible should be held accountable for their actions and will work tirelessly to get you fair compensation.   Reach out to our team today for a free consultation! 


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