Personal Injury Claims: The Lifecycle and Steps to Take

If you receive an injury caused by the negligence of another person, and you pursue a claim for compensation from the at-fault party, your case goes through identifiable stages before reaching conclusion. This discussion provides a summary of the stages of the life cycle of a personal injury claim.

Stage 1: The Accident and Injury

The case begins when you receive an injury as the result of another person’s negligence. The cause may be a car accident, but it also could be a dog bite, slip and fall, or another type of accident or injury.

Regardless of how you receive the injury, the most important priority is getting professional medical attention and treatment. Your health and well-being are the paramount concerns.

When the injury occurs, you should document the details of the accident and injury to the extent possible. Then, you should contact an experienced personal injury attorney for assistance with making your claim.

Whenever possible, you should take these steps after an injury:

  • Take photos (or make a video) of the accident scene, your injuries, and any visible damage to your property
  • Write down your recollection of how the accident happened
  • Make a list of potential witnesses
  • Obtain the names, identification, and insurance information of everyone at the scene, including anyone who may be at fault for the accident
  • Store documentation or information related to the accident and injury in a safe place
  • Preserve other relevant information about your claim (such as shoes and clothing you wore when you had a slip and fall)

As soon as you are able, you should contact an attorney to get professional advice about how to proceed. An attorney will be able to answer your questions and provide guidance about how to recover the full compensation you deserve for your injury.

Stage 2: Medical Treatment and Evaluation

A personal injury claim cannot be resolved until the full extent of injuries and necessary medical treatments are ascertained, and any permanent injury or disability is known. Getting treatment and a reliable prognosis may require months of medical visits and treatment.

The medical treatment and evaluation process sometimes is frustrating for clients, because the claim does not seem to move forward during this time. However, medical consultations, evaluations, and treatments are a significant factor in helping your lawyer determine the full amount of compensation you deserve. Your medical treatment and prognosis also substantially affect the financial assessment of the insurance company, jury, or arbitrator. If an injured person tries to rush through this stage, they may ultimately recover less money for the claim than if they patiently complete treatment and evaluation by medical professionals.

Stage 3: Resolution of the Claim

After you complete your treatment and medical evaluation, your attorney sends a demand letter to the responsible party or their insurance company. A demand letter usually includes details about injuries, medical expenses and other damages, a demand for a specific amount of money to settle the claim, and a deadline by which to respond.

Most insurance companies reply fairly quickly and make an offer to settle the claim. But the first offer typically is a low-ball figure. Most often, the insurance company and the lawyer for the injured person then negotiate for a period of time before agreeing on an amount of compensation that settles the claim.

If the insurance company refuses to make a fair offer, your attorney may file a lawsuit and proceed through the litigation process. Many times, once a case enters the litigation phase, it ultimately settles before trial. However, sometimes it is necessary to conduct a trial to obtain just compensation.

Schedule a Free Consultation with a Seattle Personal Injury Attorney

If you receive an injury caused by the negligence of someone else, Conner Spani can help you recover the full and fair compensation you deserve. He assists clients with personal injury cases in the State of Washington and the State of Oregon. Contact the Law Office of Conner G. Spani for a free consultation.

Categories: Personal Injury