A personal injury claim seeks compensation when you are injured due to someone else's negligence or intentional act. Common cases include car accidents, slip and falls, dog bites, workplace injuries, and defective products.
16 steps across 2 sections
1. Steps Process
- Seek immediate medical attention — Get treated right away, even if injuries seem minor. This creates a medical record linking your injuries to the incident, which is the foundation of your claim.
- Document the scene — Take photos and videos of the accident scene, your injuries, property damage, and any hazardous conditions. Get contact information from witnesses. Obtain a copy of the police ...
- Report the incident — File a police report (for accidents), incident report (for slip and falls on business property), or workers' compensation claim (for workplace injuries).
- Keep detailed records — Save all medical bills, receipts for out-of-pocket expenses, records of lost wages, and a personal journal describing your pain, limitations, and emotional impact.
- Consult a personal injury attorney — Most offer free consultations. They evaluate your case, estimate its value, and handle all communications with insurance companies. Contingency fees are typical...
- Medical treatment and documentation — Follow all doctor recommendations. Gaps in treatment weaken your claim. Reach "maximum medical improvement" (MMI) before settling so you know the full extent o...
- Demand letter and negotiation — Your attorney sends a demand letter to the at-fault party's insurance company detailing your injuries, treatment, and damages. Negotiations follow. Most cases settle...
- File a lawsuit (if necessary) — If negotiations fail, your attorney files a complaint in civil court before the statute of limitations expires.
- Discovery and depositions — Both sides exchange evidence and take sworn testimony. Expert witnesses may be retained.
- Mediation or trial — Many courts require mediation before trial. If mediation fails, the case goes to a jury trial.
2. Key Details
- Statute of limitations: 1-6 years depending on state (2 years is most common)
- Comparative negligence: Your compensation may be reduced by your percentage of fault
- Damages include: medical expenses, lost wages, future medical costs, pain and suffering, emotional distress, loss of enjoyment of life
- Insurance companies will try to settle quickly and cheaply — do not accept the first offer
- Pre-existing conditions do not bar recovery — the "eggshell plaintiff" rule means you take victims as you find them
- No-fault states require you to meet a serious injury threshold before filing a lawsuit
Common Mistakes
- Giving a recorded statement to the other party's insurance company without an...
- Posting about your accident or activities on social media
- Accepting the first settlement offer
- Not following through with medical treatment
- Waiting too long to consult an attorney
Pro Tips
- Never admit fault at the accident scene
- Do not discuss your case on social media — insurance adjusters check
- Keep a daily pain journal — it significantly increases pain and suffering awards
- Get a second opinion if your doctor says your injuries are minor but you are ...
- Ask your attorney about all available insurance coverage (your own underinsur...