Understanding the Personal Injury Claim Process

If you or a loved one have been injured, filing an injury claim requires some firsthand knowledge. Here's what the process is like.

Have you or a loved one been injured in an accident that wasn’t your fault? Millions of Americans are involved in non-fatal accidents because of someone else’s negligence every year. If you’re one of them, you may be considering making a personal injury claim. 

However, the process may seem daunting if you don’t know what to expect. The good news is, that a personal injury claim isn’t difficult and with help from an experienced lawyer you could get the financial compensation you’re seeking. Take a look at everything you need to know about making a claim.

What is a Personal Injury Claim?

A personal injury claim is a formal and legal process where the injured party seeks financial compensation from the person who injured them. A claim works in a step-by-step process that is fairly predictable. These steps include finding an injury law solicitor, filing an injury claim, gathering evidence, and settling the claim.

In rare cases, some claims will go to court to reach a settlement. Once you know what to expect, the process will be easier to go through.

Find a Lawyer

The first thing to do is to find a lawyer with experience and expertise in personal injury law. It can also be beneficial to find someone who has experience with your type of case. For example, Pablo Martinez has experience in a variety of different accident claims, from car accidents to workplace accidents and everything in between.

It’s also worth asking for recommendations from friends and family or looking at online reviews. It’s important to find a lawyer who will keep you updated through every step of the process so you know the status of your claim.

File a Claim

At this point, your lawyer will start your claim by sending a demand letter to the insurance company or lawyer of the person at fault. This letter will explain why you believe the person is at fault and ask for financial compensation for your injuries, medical costs, lost wages, and any other reasonable damages.

Once the insurance company receives the letter, they have to decide whether to pay or deny the claim. An insurance company may deny a claim if there isn’t sufficient evidence or they have reason to believe the injuries weren’t caused by the accident.

File a Complaint

Once the demand letter has been received, your lawyer will file a complaint with the court. This is just an official notice to the court and the defendant to say you are seeking compensation for your injuries. Once the complaint has been filed at court, your solicitor has thirty days to file a complaint with the defendant. 

The defendant then has an additional thirty days to respond to the complaint. If a response isn’t received by the court within that time, the judge will rule in your favor. 

Discovery Process

In the majority of cases, the defendant does respond to the complaint which means the process will continue. This is the point where your lawyer will work to gather evidence from both parties, any witnesses, documentation, or photographs. During the discovery process, you may be interviewed under oath.

The evidence gathered will give a clearer picture of how much compensation you could be entitled to. In most cases, this is where you can expect your case to be settled. The majority of personal injury claims are settled before reaching court so the more evidence that can be gathered, the better.

Going to Court

If a settlement can’t be reached, your case will be taken to court. Both sides will go before a judge and give their versions of events. Either the judge will decide the defendant is responsible and set an amount to pay in compensation or the defendant is not liable and the case will be dismissed.

Trials can be time-consuming and costly, which is why it’s better to avoid them if possible. Once the decision has been made in court, each party is given a period of time to either accept the decision or appeal it. Once this period of time is over, the process is finished.

Ask Us Your Questions

At Pablo Martinez, we’re always happy to put your mind at rest. Our experts can provide services in Tampa and Miami so if you’ve been injured through no fault of your own, we’re on hand to help you get the justice you deserve. We specialize in all areas of personal injury law and we make ourselves available to answer your questions no matter where you are in the claims process. 

We have been a trusted personal injury law firm since 1997 and we remain dedicated to our work. We offer affordable and flexible services to suit all. Why not take a look at the range of accidents we cover?

Making Your Injury Claim

If you’re ready to make your injury claim, there’s no better place to get started than Pablo Martinez Law Firm. We’ll take all the weight off your shoulders so you can focus entirely on your recovery. Leave your claim in our capable hands and we’ll fight to make sure you get what you're owed for what you’ve been through.

Contact us today or book a consultation in one of our offices to find out more about how we can help you.