Each claim for personal injury is unique based on specific facts and circumstances. Most personal injury claims will go through the same 7 steps, as we’ve outlined in this article.

1. Initial Consultation

During your initial consultation, your attorney for personal injury will discuss the circumstances surrounding your claim and address any concerns you may have. The topics that are usually discussed include:

• What happened?
• Who was involved?
• Who is responsible for the incident?
• What injuries did you sustain as a result?
• What treatments have you received for any injuries that you may have sustained?
• You may also need future treatment to treat your injuries.

Your injury lawyer should give you an evaluation of your personal injury claim and provide advice on the best way to proceed, based on your needs.

2. Investigation

Your lawyer must immediately thoroughly investigate the facts and circumstances surrounding your claim.

This investigation may consist of:

• Visit the accident scene to take photos.
• Obtend any accident or incident report regarding the event, forming the basis for your claim.
• Identifying all parties at fault and filing a claim with their insurers is important.
• Medical bills and records relating to injuries suffered in an accident.

3. Treatment

You should focus on healing from the injuries you sustained in the accident while your attorney investigates and files insurance claims. To reach maximum medical improvement, following your doctor’s prescribed treatment plan is essential. It is helpful to keep track of your medical providers, the out-of-pocket expenses you incurred, and any dates you missed work due to treatment. This will ensure that your attorney includes all damages to which you might be entitled in your demand.

4. Demand Package

The Demand Package is a story about your personal injury claim, including the details of the accident, liability theory, and the settlement demand. The Demand Package can include:

• Police Report or Incident report
• Images of property damage and injuries
• Medical Bills and Records
• Receipts of Out-of-Pocket Expenses
• Documentation of lost wages

Your attorney will check the completeness of the demand once it has been completed. The Demand Package will be sent to the insurer of the person at fault for your injuries. They will review it and evaluate the value of your claim.

5. Negotiations

After reviewing the Demand Package, the insurance company will usually respond with a settlement offer. When an offer of settlement is made, your injury lawyer from Tenina Law will immediately inform you and discuss with you all the options available to you based on their knowledge and experience dealing with thousands of personal injury claims. You are ultimately responsible for deciding whether you accept the offer, counter-demand, or file a suit. You are in charge.

6. The Settlement

If we are successful in negotiating a settlement that fully and adequately compensates your injuries with the insurance, we will then prepare a Settlement Agreement outlining the settlement terms. Your attorney will prepare a Settlement Memo that will show you how the proceeds from the settlement are to be distributed before executing the Settlement Agreement. Most personal injury claims can be successfully negotiated. However, when insurance companies do not fully appreciate the value of your injuries, a lawsuit may be necessary.

7. Litigation

If negotiations with the party at fault fail and we cannot reach a settlement, our next step would be to file a suit and present your injury claim to a jury, so that you can obtain a verdict.

This article was written by Alla Tenina. Alla is a top San Fernando Valley bankruptcy lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.