Step-by-Step Guide: How to File a Personal Injury Claim

Personal injuries may be way more common than you think. According to the National Safety Council (NSC), the number of nonfatal preventable injuries in the U.S. reached 62 million in 2021. That means about 1 in 5 Americans sought medical attention for an injury in 2021. As per the law, you can seek compensation through a personal injury claim when you suffer a personal injury due to someone else’s negligence or fault. It is a legal process that allows you to claim compensation for physical, emotional, and financial damages. When you file a personal injury claim, you can hold the responsible party accountable for their actions. Plus, you can get financial relief at a time when you are most likely to be out of work and confined to your bed. But to even hold anyone responsible, you must know how to file a personal injury claim. Let us go through the step-by-step process to help you understand how to file a personal injury claim.

How to File a Personal Injury Claim: Steps You Should Know

Of course, each claim is different, and the approach can change a little. But most personal injury cases involve the following steps.

Step 1: Assessing Your Personal Injury Claim

Before you file a personal injury claim, it needs to be valid and worth the effort. Your claim should meet a few criteria. For starters, there must be evidence of the other party's negligence or wrongdoing. Plus, there should be a direct link between their actions and your injuries. Secondly, you must have identifiable damages. They often include medical bills, lost wages, or pain and suffering. The most common examples of personal injury cases include:

• Car accidents
• Slip and falls
• Medical malpractice
• Workplace accidents
• Product defects

Step 2: Gathering Evidence

You need evidence to support your personal injury claim. The court will throw your claim out if you don't provide the necessary evidence. Evidence can be anything that helps strengthen your claim. In most personal injury cases, you will see the following evidence:

• Documentation of all injuries and medical treatments.
• Photographs or videos of the accident scene, property damage, and your visible injuries.
• Police report and other legal documents related to your accident or claim.
• Invoices, medical bills, and receipts of your medication or treatments.
• Witness statements that corroborate the events leading to the injury.

You will need to be diligent when gathering evidence to strengthen your personal injury claim.

Step 3: Identifying the Responsible Party

You will need to identify the responsible party before you file a personal injury claim. In most personal injury cases, identifying the responsible party is pretty straightforward. For example, if someone accidentally crashes into your car, the other driver is responsible for the damage. However, determining the at-fault party is challenging in complex cases such as product defects or medical malpractice. You will need to gather evidence linking the actions or negligence of the responsible party directly to the harm caused. That can include eyewitness testimonies, expert opinions, surveillance footage, or documentation. Naturally, you will need to speak with an experienced Northeast Pennsylvania personal injury attorney, which brings us to our next step.

Step 4: Consulting a Personal Injury Attorney

Consulting an NEPA personal injury attorney is a must. Thanks to their experience, your lawyer can increase the chances of a favorable outcome. Your lawyer can provide support and guidance at every stage. A competent lawyer can help you:

• Identify the responsible party
• Assess the strength of your claim
• Calculate fair compensation
• Gather the necessary evidence
• Do the legal paperwork
• File a personal injury claim
• Negotiate on your behalf
• Prepare for trial if necessary

When choosing an experienced personal injury attorney, consider their experience, track record, and reputation. You would want to work with a competent, experienced attorney with whom you can easily communicate. That will boost your chances of winning fair compensation.

Step 5: Initiating the Claim

All personal injury cases start by initiating the claim. This involves completing the necessary paperwork and adhering to specific requirements. For example, you will need to file the claim within the required statute of limitations. Failure to meet these deadlines can forfeit your right to seek compensation. The documentation may include:

• Claim forms
• Medical records
• Accident reports
• Supporting documentation of damages

You will probably need to file the claim with your insurance company or a court. But this will depend on the circumstances of your case. Make sure to talk to your lawyer before taking any steps.

Step 6: Negotiating a Settlement (If Applicable)

Most personal injury cases will settle. Trials are often too expensive and time-consuming than a fair settlement. The good news is your attorney will calculate the compensation amount and negotiate with the insurance company or responsible party. You have to remain firm but reasonable for successful negotiation. That's why you need a lawyer. Your lawyer will prepare a demand letter and skillfully negotiate the compensation you seek. But you have to be careful when talking to the insurance company or the opposing party. It is best to speak only when your lawyer is present.

Step 7: Trying Mediation and Alternative Dispute Resolution (If Applicable)

As mentioned before, most personal injury cases will settle. But when negotiations fail, you can try mediation or alternative dispute resolution. This option is typically less adversarial, cost-effective, and time-efficient compared to a trial. The process involves a neutral third party, called a mediator, who will facilitate the negotiations. The goal is to reach a mutually acceptable settlement as quickly as possible. You can present your arguments and evidence during the mediation. The mediator will identify the core issues and facilitate the dialogue between you and the opposing party.

Step 8: Going to Trial (If Applicable)

If all efforts to reach a settlement fail, your personal injury claim will go to trial. It often happens when one or both parties cannot agree on the compensation amount or a disability. The trial process can be complex. It may involve:

• Jury selection
• Opening statements
• Presentation of evidence examination
• Cross-examination of witnesses
• Closing arguments
• The judge’s decision

You can still manage to get the desired outcome, but as you can imagine, the process is time-consuming. Plus, a trial requires careful preparation, strategic planning, and compliance with legal procedures. You are going to need a highly experienced and competent lawyer.

Contact Lermitte & Lubin, LLC Today for Help With Your Personal Injury Claim

Filing a personal injury claim involves several steps. The process starts with identifying if you have a valid claim and calculating a fair amount of compensation. You will also need to gather crucial evidence to support the case, identify the responsible party, and fill out the necessary paperwork. That means you will need help from an experienced personal injury attorney. Are you seeking a personal injury claim in Pennsylvania? Look no further than Lermitte & Lubin, LLC. Contact our experienced attorneys now. We serve clients in Lackawanna County, Luzerne County, and all of Northeast Pennsylvania.