The Ultimate Guide To Filing a Personal Injury Claim

Personal Injury Claim

Last Updated on April 15, 2024 by Team Experts

Car accidents can be traumatic as no one is ever truly prepared for a sudden crash’s physical, financial, and emotional effects. It would be best to file a personal injury claim to receive compensation for the sustained damages. However, it can be stressful, time-consuming, and complicated to file a personal injury claim, especially if you have never filed one. And if you have filed one before, then you already know it is a process you would not wish to do through trial and error. This post will cover a simple step to step guide on filing a successful personal injury claim, so please be sure to read on.   

Step 1: Get Medical Attention 

You need to seek immediate medical attention, especially if you might have suffered significant damage to your eyesight, fractured bones, bruises, cuts, etc. No matter how fine you feel, it is essential to seek immediate medical attention. These appointments and records help provide weight to your injury claim. 

 Step 2: Gather Facts 

Insurance firms will appoint an insurance adjuster to scrutinize your claim. This person looks for errors in your claim and determines validity. You need to craft and file a winning personal injury claim. Pull out receipts, estimates, and invoices to help provide documentation of injuries. Plus, provide your last year’s paystubs or W-2 to show how much you could be earning if not injured. Share a written account of accident photos and provide a police report too. This helps you prove the recklessness or negligence of the other person.  

Step 3: Consult a Personal Injury Attorney   

You can sometimes settle a small personal injury claim on your own. For instance, if you are involved in a minor accident and you only require a one-time hospital visit. However, if you are involved in a major car accident, you might need to file a personal injury claim. There might be specific requirements that you might not understand, such as the statute of limitations, which limits the amount of time required to file a case. Hire a personal injury attorney to help you handle this legal process. This will help you receive the maximum compensation you deserve.  

Step 4: Establish Negligence

Many personal injury lawsuits are centered on negligence. For instance, a driver might be considered negligent if he was driving under intoxication. If not impaired by alcohol, the driver might not have neglected the rules and hit you. It might be challenging to prove negligence on your own. Fortunately, a personal injury lawyer can help you navigate this step successfully. 

Step 5: Serve Notice of Claim   

If you decide to file a personal injury claim, you must inform all parties involved of your intent to file suit. The notice of claim is delivered to defendants by a court official, process service, law or enforcement officer. 

Step 6: Negotiate a Compensation   

Your attorney will demand compensation from the insurance company or responsible person before filing a claim. You might be requested to sign a release form when settling your lawsuit. Avoid signing any release form until you know the full extent of losses or injuries. Damages awarded in personal injury claims include: 

  • Loss of income 
  • Suffering and pain 
  • Medical treatment expenses 
  • Domestic assistance and care 
  • Any other losses which might arise 

Always seek an attorney’s advice if you feel under-compensated for your injuries.  

Step 7: File a lawsuit

A lawsuit is needed if you have followed the previous six steps and it does not result in fair compensation. After filing a claim, all defendants are served with summons and complaints. Your attorney will help you understand the trial process and increase your chances of winning your injury lawsuit. 

File Your Personal Injury Claim Today 

Filing a personal injury lawsuit can be stressful, time-consuming, and complicated. Fortunately, an experienced and reliable personal injury attorney can guide you through this process. File a successful personal injury claim today by hiring a local personal injury lawyer.

Read more: Mediclaim Vs. Health Insurance: Which One Is Best?


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She has over 7 years of experience writing about technology, education, digital marketing, general and business. Her experience in the tech industry (fieldengineer, wowtechub, techsprohub, techinfobeez) has taught her how to write engaging, informative content that makes complex issues accessible to a wide audience. Follow her on Linkedin

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