We’ve Filed a Claim – Now What? The Stages of a Personal Injury Claim

Pre-Litigation

Once we have signed an engagement agreement and it’s time to move forward, both the firm and you have a role to play in your claims. Understanding these roles and taking them seriously will ensure that your results are the best they can be in your situation. The following is a brief look at the stages of a personal claim. This overview helps you see a high-level timeline from accident to resolution.

Due Diligence

When you become a client, we begin doing due diligence to ensure you have a valid personal injury claim. We have to verify the parties, what caused the accident and your bodily injuries, and whether the at-fault party has insurance. Things get complicated if the at-fault party was driving an 18-wheeler, if it was a hit-and-run, or if you were unconscious at the time of the collision and taken by EMS to the emergency room. We have to begin building your case by ensuring we can successfully prove negligence and other necessary elements. Time is of the essence in this stage of the claim, as evidence is easily wiped away by weather, a fixed vehicle, or lost witnesses. 

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Property Damage

Getting your vehicle back on the road, or getting you paid for a total loss, is an important step in your personal injury claim. We handle your property damage claim as a courtesy, and take no fee for the service.  Our team has years of knowledge in vehicles, which ensures that you get as much compensation as possible, including money for after-market parts, etc.  If you are unsure of where to have your vehicle repaired, we can recommend several different body shops for your consideration. The estimates and all supplements will also give us the necessary information about unseen damages to your vehicle.

Medical Treatment

Your bodily injury claim naturally means that you sustained injuries in the accident. This is the most important stage of a personal injury claim. Typically, an injured party will see a chiropractor who specializes in adjustments and physical therapy.  Your chiropractor is able to get you to an imaging specialist to determine if you experienced one or more disc bulge or herniation, tears in your shoulders or knees, or fractures.  The doctors teach you stretches to help you heal, monitor your progress and performance.

If your pain level is higher than normal and your injuries do not seem to be healing with therapy, you may see a pain management doctor.  There are levels of treatment, starting with the least invasive methods like prescription anti-inflammatory or muscle relaxers, epidural steroid injections, and more invasive needs, including nerve blocks or ablation procedures.  Your doctor will be able to do surgical procedures or make a referral to a specialist such as neurologist or orthopedic surgeon, and can also recognize whether you have traumatic brain injury symptoms. 

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I will say it again. Your treatment is the most important stage in your personal injury claim.  Keeping appointments, communicating your needs with your medical providers, and abiding by their instructions – stretching and exercises, lifting or other restrictions – is a requirement for us to retain you as a client.  It is imperative to your claim and/or case, because your injuries are what define your damages. 

Negotiation and Settlement

If we have not yet filed suit, then once your treatment is complete, we will send a demand with all of your records and enter into settlement negotiations with the at-fault party’s insured. This is the part where patience is key. We can estimate what a case is worth, but every insurer and every adjuster is different. At this stage, we will have in-depth conversations about how your individual claim measures up with its strengths and weaknesses. We may have to go back and forth with settlement offers or the insurer may issue policy limits right away. There are so many factors that go into negotiations, the timeline for your claim will be unique. 

From the moment you are in an accident, every action matters. That’s why we describe ourselves as Your Personal Injury Team – you need a team behind you so that you can do your part and focus on healing. So put our name on your fridge, in your phone, or wherever it will be there when you need us.  We’re one call or text away, no matter what stage of your claim.