How Does a Personal Injury Claim Work?

If you’ve been injured through no fault of your own, you may be planning to file a personal injury claim to help you recover expenses like medical bills, lost wages from work, pain and suffering, and more. If you’ve never been through this before, you may have questions about how personal injury claims work, what to expect, and how long it will take. We put together the information below to help answer some of the common questions our clients ask when they first call our personal injury attorneys.

What does it mean to file a personal injury claim?

With most personal injury claims, there is typically an insurance company involved. For example, if you were injured in a car wreck, you will be filing a personal injury claim with the insurance company for the person who owned the vehicle that hit you. There are instances where you would be filing a claim with your own automobile insurance or another insurance company, too.

Identifying all available insurance policies is important, especially if you have high medical bills or serious or permanent injuries. An experienced personal injury attorney will know how to look for and find available insurance policies.

When you first file your claim, you or your attorney will probably speak with an insurance adjuster. The adjuster will ask for information related to your incident such as the date and location of the incident, the names of the people involved, how it happened, your injuries, and what kind of medical treatment you have received so far. They may also ask you for a copy of the incident or wreck report if you have it. They will then will open a file in their computer system and assign you a claim number. Over the next several months, the adjuster will probably call you every few weeks to get updated information on your injuries and medical treatment.

Will I have to go to court?

You may not have to go to court for your personal injury case. Once you finish treating for your injuries, your attorney will probably put together what’s known as a demand package. The demand package typically includes items such as medical bills and records, photos of your injuries, the incident report, and more. Your attorney will likely try and negotiate with the adjuster at the insurance company. If the insurance company’s offer does not seem fair given what you’ve been through and the total of your damages, your attorney may talk with you about filing a lawsuit. There are also other situations where filing a lawsuit might be needed. A personal injury attorney who has significant experience with personal injury claims and lawsuits will be able to talk with you about your options and make recommendations.

Even if you do end up filing a lawsuit, most cases settle before having to go to a trial in court. Going to trial can be very expensive, but sometimes it is necessary in order to get the compensation you deserve.  As a result, we prepare every case as if it is going to trial, and we have the experience necessary to help guide you through the litigation process.

Do I need an attorney?

Some people try to handle their personal injury claims on their own. Others hire an attorney on day one. No matter what you ultimately decide, we would suggest you at least contact a personal injury attorney before attempting to handle your own personal injury claim. Most personal injury attorneys offer free consultations. A free consultation gives you the chance to talk with an attorney, go over how personal injury claims work, discuss the facts of your specific case, and learn more about your rights and options. Once you have all of the information, you can make an informed decision about how you would like to proceed.


The personal injury attorneys at Burton Law Firm have experience handling a variety of personal injury claims including serious injury, wrongful death, drunk driving injuries, trucking accidents, and more. We’ve successfully negotiated and settled cases, but we’ve also successfully litigated cases in court and tried cases in front of a jury. Our goal is always to provide you with the best representation possible. That means we want to do what’s best for YOU. We keep you informed every step of the way, and we talk with you about your rights and options. We’re committed to our clients’ recovery and to protecting their future. To schedule a free consultation with us, give us a call at (833) 623-0042.

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