Filing a Personal Injury Claim: Step By Step Guide

April 14, 2023

If you’ve been injured in an accident, it’s essential to know how to file a personal injury claim. This process can be complicated, especially if you’re new to it. In this comprehensive guide to filing a personal injury claim, we will take you through the essential steps involved in the process.

Step 1: Seek Medical Treatment

The first step is to seek medical treatment immediately after the accident. Even if you don’t feel any immediate symptoms after the accident, you may be in severe pain later. Moreover, not seeking medical treatment could work against you when seeking compensation for your injuries.

Step 2: Contact an Experienced Personal Injury Attorney

In most cases, it’s advisable to hire a personal injury lawyer to help you recover the entire cost of your medical treatment. Even if you choose not to hire a lawyer, you should at least contact one to discuss your claim. 

Step 3: Set Up a Claim

The third step is for you or your attorney to inform the individual liable for your injuries and their insurance provider that you plan to file a claim. This can help to get your claim settled quickly.

Step 4: Gather Information and Get Treatment for Your Injuries

Next, continue to receive medical treatment and gather as much information about your injuries and other damages as possible. This is the time to collect medical records and invoices from your doctors, communicate with your doctor to learn the full extent of your injuries, find out what continuing medical treatment you will require, and collect invoices. You will also need to save any estimates on the damage to your personal property or vehicle, keep records of lost wages, etc.

Step 5: Negotiate a Settlement

Your attorney can demand compensation from the person responsible or their insurance company before filing suit. Each side has its own idea of what your claim is worth. You enter into a negotiation process of back and forth with offers and counter-offers.

Step 6: Reach a Settlement or File a Lawsuit

If your negotiation has reached an agreed upon settlement, you and your attorney will accept the offer. However, if the responsible party does not respond with an acceptable offer, you may file a lawsuit to seek the necessary compensation.

Step 7: File a Lawsuit

Many personal injury cases settle without going to trial. However, a lawsuit will be necessary if the previous steps do not result in a settlement. Understanding the litigation process will help you make better decisions and increase your chances of succeeding in your personal injury lawsuit.

Contact An Experienced Injury Attorney Now

Filing a personal injury claim can be a complex process. However, with the help of an experienced personal injury attorney, you can recover the full compensation you deserve.

If you need legal assistance with your personal injury claim, don’t hesitate to contact the experienced attorneys at Saladino & Schaaf. We offer a free personal injury case evaluation to discuss your case and help you understand your options. You can call our Murray, Kentucky office at 270-753-1529 or our Paducah, Kentucky office at 270-444-0406.

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Filing a Personal Injury Claim - Guide




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Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.

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Car Accidents learn more
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