NEWSPersonal Injury Claims: Breaking Down the Process and How It Works
April 25 2025, Published 1:46 a.m. ET
While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularized advice of your own counsel. Anyone seeking specific legal advice or assistance should retain an attorney.
Got injured because of someone else’s mistake? You’re not alone—and yes, you can do something about it.
Filing a personal injury claim might sound intimidating, but it doesn’t have to be.
This guide breaks down the process step-by-step, showing you what to expect and how it actually works.
From doctor visits to dealing with insurance companies, here’s everything you need to know.
Step One: Get Medical Help (Seriously, Don’t Skip This)
This is non-negotiable. Your health comes first.
Even if you think it’s “not that bad,” always get checked out after an accident.
Here’s why:
●You might have injuries that don’t show symptoms right away.
●Medical records help prove your injury later.
●Delaying treatment gives the insurance company room to downplay your claim.
Once you’ve seen a doctor and made sure you're on the road to recovery, then you can shift focus to your claim.
And if your injury happened in Texas after a crash? A qualified Austin car accident lawyer can guide you through the legal stuff and make sure you don’t get taken advantage of.
Step Two: Start Gathering Evidence
Your lawyer can help with this, but it’s smart to start collecting anything you can early on.
That includes:
●Photos of the scene and your injuries
●Police or incident reports
●Witness contact info
●Medical bills and records
●Receipts for any expenses related to the injury (Uber rides, crutches, missed work, etc.)
The stronger your evidence, the stronger your case.
Step Three: Hire a Lawyer (The Right One)
You’re not legally required to get a lawyer, but let’s be real—going up against insurance companies without one is like showing up to a sword fight with a pool noodle.
A good personal injury lawyer doesn’t just file paperwork—they fight for fair compensation and help you avoid sneaky tricks from the other side.
They’ll:
●Deal with the insurance company so you don’t have to
●Make sure everything gets filed correctly and on time
●Help calculate how much your claim is really worth
And the best part? Most of them work on contingency. That means you don’t pay unless you win.
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Step Four: Your Lawyer Investigates and Builds the Case
Once you’ve teamed up with a legal pro, they’ll dig deeper into your case.
They’ll:
●Interview witnesses
●Request medical records
●Bring in accident reconstruction experts if needed
●Calculate damages—including future costs if your injury has long-term effects
Meanwhile, they’ll also handle communication with the insurance company so you’re not stuck in a never-ending email chain.
If you haven’t connected with a personal injury attorney yet, now’s the time. The sooner you get one involved, the better your chances of a smooth process (and a bigger payout).
Step Five: The Insurance Company Makes a Move
Here’s where things can get tricky.
Once they review your claim, the insurance company might:
●Approve it and offer a settlement (don’t accept right away)
●Deny it outright
●Try to blame you for the accident
●Delay, hoping you’ll give up or settle for less
This is why your lawyer is so important. They’ll know what’s fair and what’s just a lowball offer meant to shut the case quickly.
In most cases, your lawyer will negotiate back and forth until both sides agree on a settlement.
But if that doesn’t happen…
Step Six: Filing a Lawsuit (If It Comes to That)
If the insurance company won’t budge or play fair, your lawyer might recommend taking things to court.
That sounds intense, but here’s what it actually looks like:
●Your attorney files a formal complaint.
●The defendant (aka the other party) responds.
●Both sides go through discovery (sharing evidence, depositions, etc.)
●Mediation might happen to try to settle.
●If no deal is made, you go to trial.
Most cases settle before they ever reach trial. But if it does go that far, your lawyer will fight to make sure the facts are heard and your rights are protected.
Step Seven: You Get Paid
Once a settlement or verdict is reached, the payout process begins.
Here’s what usually happens:
1. The insurance company sends your lawyer the settlement money
2. Your lawyer deducts their fees and any medical liens (if applicable)
3. You get your check
This process can take a few weeks to a couple of months, depending on the complexity of the case.
What’s the Timeline for All This?
Short answer: it depends.
Long answer: It could take anywhere from a few months to over a year.
Here’s a rough idea:
●Minor injury, clear liability: 3–6 months
●Moderate case with negotiation: 6–12 months
●Major injury or lawsuit filed: 1–2+ years
Yes, it takes patience—but a bigger payout is usually worth the wait.
Tips to Keep in Mind While You Wait
●Stay off social media – Anything you post can be used against you
●Follow your treatment plan – Skipping doctor visits hurts your case
●Be honest about your injuries – Don’t exaggerate or downplay anything
●Trust your lawyer’s advice – They know how this works
●Document everything – Keep a journal of how your injury affects your day-to-day life
Final Thoughts: You’ve Got This
The personal injury claim process can be a bit of a rollercoaster. But when you understand the process and how it works, it’s way easier to stay calm and in control.
Get medical help, gather your info, and talk to a good lawyer as soon as you can. Then let them fight for the outcome you deserve.
You focus on healing—they’ll handle the rest.
