Personal Injury Claims Process

If you’ve been injured in an accident & are facing the claims process, you probably have a lot of questions about how it works. While every type of claim is different, there are a few steps that overlap in all claims. The purpose of this blog is to provide some general information about what to expect from the personal injury claims process. 

Your attorney will begin by sending out correspondence to all parties involved, including any insurance companies, to notify them of their being retained in the case. At that point, all correspondence will be directed to your attorney rather than you personally to ensure that you are taken out of direct communication with other parties.

Your attorney will have you sign a document allowing them to obtain copies of all medical & billing records related to your injuries. This process can sometimes be slow but is a crucial step to establishing value to your claim. If you have other financial costs related to your injury, such as lost wages, rental vehicles, over-the-counter medications, etc., you should provide your attorney with documentation for that as well. 

Once all costs have been accounted for, your attorney will send out a demand to the insurance company. It will include a list of all expenses & copies of records detailing those amounts. This begins the negotiation process. There will typically be multiple demands and offers sent back & forth between your attorney & the insurance company to settle the claim for a fair & reasonable amount. If the insurance company fails to offer an amount that is fair, your attorney may advise you to file a lawsuit. Most cases can be settled, but sometimes insurance companies refuse to pay what is reasonable.

If a settlement is reached, the insurance company will issue a check & have you sign a release ensuring that they cannot be sued in the future. Once the funds are deposited into your attorney’s trust account & have cleared the bank, your attorney will provide you with a disbursement sheet. This will detail the settlement amount, percentage owed to the attorney & any costs the attorney incurred. After signing this agreement, a check will be issued to you for your settlement. Personal injury settlements are not taxable, so they can be used in whatever way you deem appropriate. 

However, if no settlement can be reached, the trial process will begin. This can take years to complete & often involves taking depositions, hiring experts, filing motions & could eventually end with a jury being selected. While it is uncommon for a personal injury case to make it all the way to a jury, it is a possibility. 



Personal injury cases can be very stressful, but when you hire an experienced attorney like Daniel Finder from Finder Law, LLC, much of that stress will be lifted from your shoulders. He has over 10 years of experience in this practice area & has won millions of dollars for his clients in that time. Call our office today to set up a consultation so we can get to work on ensuring you are fairly compensated for your injuries.