Home Family Lawyer The process of filing an injury claim: Explained

The process of filing an injury claim: Explained

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Did it ever happen that you were driving to a grocery store on the weekend and suddenly got hit by a car? Did the unfortunate accident leave you with a potential concussion or whiplash? As medical and car damage pills begin to pile up, you might have realized that the accident hit hard. On the off chance that something similar has happened to you, you certainly have an injury claim on your hands. Unfortunately, recovering the compensation is quite complicated and brings up more issues than answers. 

Here’s the step-to-step manual for documenting a successful injury claim that makes the process somewhat straightforward and simple. 

Document all medical treatments

  • Once you’ve sustained the injuries, you must consider preparing documentation for all sorts of medical treatments, injuries, and damages concerned with the accident. 
  • Preparing documentation in advance serves as evidence with an insurance jury. These bills and documents help the injury lawyer understand how badly the accident has affected the victim’s life. 
  • In case you’ve lost the bills, make sure to note all of them. 

Consult an injury lawyer

  • Although minor injury claims are easy to settle without legal representation, injury lawyers tend to deliver more numerous honors for claimants. 
  • Most injury lawyers initially offer a free consultation. So, discuss your case with a qualified injury lawyer before filing your injury claim. 
  • Once you are done with consultation, hire an attorney. The lawyer will investigate you to know more about the accident, damages, injuries, and medical treatments. You will also have to provide medical records as and when requested by the attorney. 
  • Negligence and inability to utilize a sensible consideration in a situation where someone else could be hurt are the leading causes of many accidents. 

    Establish negligence and serve claim notice 

  • Hiring a professional injury lawyer is extremely helpful when the accident has happened out of negligence. For instance, being impaired by liquor, your driver might have ignored the traffic rules and hit the claimant. 
  • Once you decide to seek an injury claim, you need to educate all elaborate gatherings regarding their expectation to record a suit. This step is otherwise called “service as a process.” 
  • The notice may be delivered personally by the process server, law enforcement officer, or any other court official. 

Initiate settlement talks

  • Before the case proceeds to the court, the claimant’s attorney may put forth a demand to the insurance company or the defendant’s attorney. Both the attorneys will try to settle the issue in a manner that is acceptable to both parties. 
  • Most injury claims are resolved at this state; however, sometimes, a settlement is hard to reach. 

File a lawsuit

  • The case begins when the claimant and the lawyer file an injury claim in court. This phase is termed the discovery phase. 
  • Each party will then finish an examination concerning the other party’s cases and protections. Both parties must react to all solicitations for information as honestly and altogether as could be expected. 
  • Since the disclosure stage includes a great deal of documentation, it can last as long as a year.

Attempt mediation

  • Before the discovery phase ends, both parties do get an opportunity to settle the case with the help of a neutral third party. 
  • The neutral third party tries to settle the case in a manner that is agreeable for both parties. 
  • If mediation proves fruitless, the case will progress to a trial in court. 


Although injury claims help you receive the compensation you deserve, the process could put you through a lot of trouble. Hiring a professional injury lawyer lets you focus on your well-being, and rest assured. If you or your loved one has sustained a severe injury, consider consulting an injury attorney today. 

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