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What happens in a personal injury claim?

Every personal injury claim is different because each one is based on its facts and circumstances. But at some point, or another, almost every insurance claim for a personal accident will go through 7 similar steps. We’ll go over these steps below to know about What happens in a personal injury claim?

Initial Consultation

During the first meeting, your personal injury lawyer will meet with you to discuss the details of your case and answer any questions you may have. Usually, the following are some of the things that are talked about:

  • How the event happened.
  • Who was there, and what happened?
  • Who might be to blame for what happened?
  • How were people hurt?
  • What kind of care you’ve gotten for any accidents?
  • What kind of care you might need to heal those wounds?

At the end of your first meeting with an injury lawyer, they should give you an evaluation of your personal injury claims and advice on how to move forward based on your needs.

Look into the problem

Your personal injury lawyer in Montgomery should immediately start an investigation into all of your case’s facts and details.

Most of the time, this kind of research will include:

  • I am going to the crash scene to take pictures.
  • It is finding out if there are any accident or incident reports about the event that led to your claim.
  • They were trying to determine who was at fault and making claims with their insurance companies.
  • Ordering bills and records related to accident-related medical care for injuries.

Treatment: While your injury lawyer looks into what happened and sets up insurance claims, you should focus on getting better from the injuries you got in the accident. For a full recovery and the most medical progress, following the treatment plan, your doctor gives you is important. Keeping a journal of the doctors you see, the out-of-pocket costs you have, and the days you had to miss work because of your care is often helpful while you are getting better. This will help ensure that your lawyer thinks about all the possible losses you may be owed and puts them in your Demand.

Demand Package

The Demand Package tells the story of your personal injury claim, including how the accident happened, the theory of responsibility, and your settlement demand. These things could be part of the Demand Package:

  • Police Report or Incident Report
  • There are pictures of damage to property and injuries.
  • Medical bills and receipts for expenses paid out of pocket
  • The Record of Lost Wages

Once the Demand Package is ready, your lawyer will review it with you to ensure it is full. The Demand Package is afterwards sent to the insurance company for the person who hurt you. The insurance company looks over the Demand and determines how much your claims are worth.


Once the company has reviewed the Demand , they usually send back a payment offer. They will also talk to you about your different choices based on the thousands of other personal injury claims they have dealt with. But in the end, it’s up to you to decide whether to take their deal, make a counter-demand, or go to court. It’s your case, and you’re in charge.


If we can settle with the insurance company in a way that fully and fairly pays you for your injuries, we will write up a settlement agreement explaining the payment terms. Before you sign the Settlement Agreement, your lawyer should make a Settlement Memo to review. This shows how the settlement money will be split up. Most injury cases can be settled out of court, but sometimes you have to file a lawsuit when the insurance company doesn’t give your injuries the full value they deserve.


If talks with the party at fault don’t go anywhere and we can’t reach a settlement, the next step is usually to file a lawsuit, show your claim for injuries to a jury, and get a verdict against those who caused your injuries.

FAQs: What happens in a personal injury claim?

What to do after an accident that hurts you?
  • Take pictures of your wounds.
  • If you haven’t already, see a doctor.
  • If you’ve been to the doctor, follow their care plan and go to all of your follow-up visits.
  • Write down what happened while the details are still clear in your mind.
  • Make a list of witnesses and how to reach them if you know it.
  • Follow any other directions your lawyer gives you.
Will my case for a personal injury go to court?

Most cases of personal harm don’t end up in court. However, most cases end in a deal before they go to court. And,  Most cases go to trial when the facts aren’t clear, or there’s a question of law that people don’t agree on, and the judge could rule either way.

The more carefully you put together your case, the more likely you and the other person will agree on how strong your proof is and come to a fair agreement. If your case is one of the few that ends up in court, your lawyer can help you know what to expect.

What is the value of my personal injury case?

There’s no exact way to figure out how much your claim is worth, but you can guess. Your economic damages, such as the cost of medical care, lost wages, paying for help around the house, and physical rehab, are part of the value of your claim.

To account for pain and suffering, you add up all these losses and then use a multiplier of 1 to 1.5 for moderate injuries and up to 5 for serious ones. It would be best to determine what the offender has and whether they can pay.

What if I was partly to blame for the accident?

You might have done something to hurt yourself. Nevada law may still let you get your money back if that’s the case. If you are not more to blame than the offender, you can get a share of what you would have gotten otherwise.

How long does reaching a settlement in a personal injury case take?

The fastest cases are over in a few weeks and don’t even go to court. Your lawyer can work directly with the other person or the insurance company to find a quick answer.

In other situations, court cases can last for a year or more. The majority of cases are in the middle. The longer you expect your case to take, the more difficult it is. You have some say over how long your case will last because it’s up to you whether to take a settlement deal.

How long do I have to claim for a personal injury?

Most cases of personal harm have a time limit of two years. Even if you file your case one day before the time limit runs out, you are still within the time limit.

What can I expect from my case for personal injury?

After you file the case, you give the other side a copy of the paperwork. You wait until they respond. After that, you have time to build your case by talking to witnesses, getting medical proof, and even getting evidence from the other side. You and the other side have time to file preliminary papers with the court.


Your lawyer may try to settle the case with the other side by talking to them. You can take part in official ways to settle disagreements, like mediation. If the case is solved, you get paid, and the case is over. If your case goes to court, your lawyer will explain your story and ask the judges to do the right thing.

How much does hiring a lawyer for an injury cost?

Most personal injury lawyers want to work with you so that you can get justice through the court system. Many personal injury lawyers in Las Vegas will take your case without you having to pay them anything upfront. If you win your case, they will take a small amount of the money you get back as payment for their services.

They also take out any costs they paid in advance so your case can proceed. Your lawyer should happily talk with you to ensure you know how they will get paid. It’s important to ask questions so everyone knows what’s happening.

How can a lawyer help me?

Every case is different because it has its own set of facts. Based on the facts of your case, an experienced injury lawyer can give you more detailed answers to these questions.

A lawyer helps you go through each step of the case in a way that will help you get the result you want. Your lawyer will take the time to learn about you, your goals, and the details of your case. Then, they can help you through the process to get the most money possible.

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