What to Expect During the Personal Injury Claims Process: A Step-by-Step Guide

Oct 18, 2023

If you’ve been injured due to someone else’s negligence or misconduct, you may be entitled to compensation through a personal injury claim. Navigating the personal injury claims process can be a daunting experience, but with the right guidance, you can better understand what to expect at each stage. In this step-by-step guide, we’ll walk you through the typical process of pursuing a personal injury claim.


Step 1: Seeking Medical Attention

The very first step following an injury is to seek immediate medical attention. Your health and well-being should always be the top priority. Seeing a doctor not only ensures that you receive the necessary treatment but also documents your injuries, which will be crucial in your claim.


Step 2: Consulting with a Personal Injury Attorney

Once you’ve received medical treatment and are stable, it’s advisable to consult with a personal injury attorney. Most attorneys offer a free initial consultation, during which they’ll assess the viability of your case and explain the legal process to you. This is an essential step, as an experienced attorney can help you understand your rights and build a strong case.


Step 3: Investigation and Gathering Evidence

After you’ve hired an attorney, they will start investigating your case. This involves collecting evidence, such as accident reports, witness statements, medical records, and any other documents relevant to your claim. The strength of your case largely depends on the quality and quantity of evidence gathered.


Step 4: Determining Liability

Your attorney will also work to establish liability, which means proving that someone else’s negligence or wrongful actions caused your injuries. This may involve demonstrating that the defendant had a duty of care, breached that duty, and that breach directly resulted in your injuries.


Step 5: Negotiating with the Insurance Company

In most personal injury cases, your attorney will negotiate with the at-fault party’s insurance company. They will present your case, including the evidence and the extent of your damages, and negotiate for a fair settlement. The insurance company may make an initial offer, which your attorney will assess to ensure it covers your losses adequately.


Step 6: Filing a Lawsuit (If Necessary)

If negotiations with the insurance company do not lead to a satisfactory settlement, your attorney may recommend filing a lawsuit. This is often a last resort and may lead to a formal legal process, including court proceedings. However, many cases are settled before reaching this stage.


Step 7: Discovery and Preparation

If a lawsuit is filed, the discovery process begins. Both sides exchange information and evidence relevant to the case. Your attorney will continue to build a strong case by deposing witnesses and gathering additional evidence.


Step 8: Settlement or Trial

During this stage, there are two possible outcomes. The case may settle through negotiations or, if no agreement can be reached, proceed to trial. Your attorney will advocate for your rights in court, presenting your case to a judge and jury.


Step 9: Collecting Your Compensation

If you win your case or secure a settlement, you’ll receive your compensation. This should cover your medical expenses, lost wages, pain and suffering, and other damages as determined by the court or through negotiation.


Step 10: Closing Your Case

Once compensation has been awarded, your personal injury claim is concluded. You and your attorney will wrap up any final details, and you can begin to move forward with your life.

Remember that every personal injury case is unique, and the timeline and specifics may vary. It’s crucial to work closely with an experienced personal injury attorney who can guide you through each step and ensure that you receive the compensation you deserve.

If you’ve been injured in an accident and believe you have a valid personal injury claim, don’t hesitate to seek legal counsel. Your attorney can help you navigate this process, protect your rights, and work towards a fair resolution to your case.



About Coffman Law Offices, P.C.

Coffman Law is Chicago’s leading personal injury law firm and is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is results-driven law firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate compensation for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain compensation for their injuries.