When someone’s carelessness or deliberate actions cause harm to another person, it can lead to a personal injury claim. This legal process allows the injured individual to pursue financial compensation for their losses. These losses can encompass a wide range, including medical bills, lost income (both present and future), and the less tangible but very real impact of pain and suffering. Because the claims process can be quite involved, having a clear understanding of each stage is beneficial. 

Initial Steps For Your Personal Injury Claim: Seeking Medical Attention and Gathering Evidence

Nicholas Norden, an experienced personal injury lawyer in Orlando, mentions that the first step after an injury is to seek immediate medical attention. This is not only vital for your health but also creates a crucial link between the accident and your injuries, strengthening any potential claim. Some injury symptoms may take time to manifest, so a prompt medical examination is essential.

Following medical care, it’s important to gather as much evidence as possible. This includes:

• Photos of the accident scene and any visible injuries.
• Contact information for any witnesses.
• Copies of any police reports (if applicable).
• Medical records and bills related to the injury.
• Documentation of lost wages.
• A journal or notes detailing pain levels, limitations, and the overall impact of the injury on daily life.

Consulting with a Personal Injury Attorney

While not always mandatory, consulting with a personal injury attorney is highly recommended. An attorney can evaluate the merits of your personal injury case, explain your legal rights, and guide you through the claims process. They can handle communication with insurance companies, gather additional evidence, consult with medical experts, calculate damages, negotiate settlements, and, if necessary, prepare for trial. 

The Personal Injury Claims Process: Demand and Negotiation

Once you’ve completed your medical treatment, and your personal injury attorney has gathered all necessary evidence, they will prepare a “demand package”. This package details the accident, your injuries, medical expenses, lost wages, and other damages. It outlines the compensation you are seeking. This demand is sent to the responsible party’s insurance company.

This phase often involves negotiation. The insurance company may accept the demand, make a counteroffer, or deny the claim altogether. Your personal injury attorney will work to negotiate a fair settlement that adequately addresses your losses. The average personal injury settlement amount is approximately $31,000.

Filing a Personal Injury Lawsuit: When Negotiation Fails

If negotiations are unsuccessful, your personal injury attorney may recommend filing a lawsuit. This initiates formal legal proceedings. The lawsuit, called a “Complaint” or “Petition” outlines the allegations, the injuries sustained, the damages, and why the defendant is liable.

The case then enters the “discovery” phase. During discovery, both sides gather evidence through depositions (questioning witnesses under oath), interrogatories (written questions), and document requests. Pre-trial motions, which are formal requests to the court, may also be filed.

Personal Injury Settlement or Trial

Many personal injury cases are resolved through settlement at some point during the litigation process. In fact, approximately 95% of personal injury cases are resolved through settlements before reaching trial. Mediation, where a neutral third party helps facilitate negotiations, is often used.

However, if a settlement cannot be reached, the case will proceed to trial. At trial, both sides present evidence and witness testimony to a judge or jury. The jury (or judge in a bench trial) will then decide whether the defendant is liable and, if so, the amount of compensation to award. Personal injury trials can take anywhere from a few days to over a week. The amount you receive will depend on the type of injury you have sustained. For example, the median award in product liability trials is around $748,000. 

Personal Injury Claim Timeline

The personal injury claim process can take 12 to 18 months, but the time frame depends on many factors. Some may only take a couple months after completing medical treatment, while others can take several years. Cases that go to trial often take 2-5 years to receive compensation.

The personal injury claims process can be lengthy and complex. Understanding the steps involved can help injured individuals navigate the system and seek the compensation they deserve. Consulting with an experienced personal injury attorney is often the best way to ensure your rights are protected and to maximize your chances of a successful outcome.