Accidents happen—but when they do due to someone else’s negligence, you have the legal right to seek compensation through a personal injury claim. Whether you’ve been injured in a car crash, a slip and fall, or another type of incident, understanding the process can help you make informed decisions during a stressful time.
At the Law Office of Paul J. Landry, we guide clients through every step of the personal injury process with compassion and skill. Here’s an overview of how a typical personal injury claim works:
Step 1: Seeking Medical Attention
Your health is the top priority. Always seek medical care immediately after an accident, even if your injuries seem minor at first. Medical records serve as essential evidence linking the accident to your injuries. Without these medical records, there is no substantiation for your claims. This is especially important when there are permanent disabilities stemming from the accident.
Step 2: Consulting a Personal Injury Attorney
Once you’ve addressed your immediate medical needs, consult an experienced personal injury attorney. A lawyer can evaluate the facts of your case, advise you of your legal options, and begin building a strong claim on your behalf.
Step 3: Investigating the Claim
Your attorney will conduct a thorough investigation, which may include:
- Reviewing accident reports and medical records
- Interviewing witnesses
- Consulting with experts
- Gathering photos, videos, and other relevant evidence
This step helps establish liability and determine the value of your damages.
Step 4: Filing the Claim
This is an important step. Claims need to be filed by yourself or your attorney with any and all at-fault parties. If the accident involves a governmental agency, like a city park’s department or a school district, a claim for damages form must be submitted to the appropriate entity. You may be barred by the courts from seeking compensation if this is not done.
Step 5: The Demand Letter
After you have concluded treatment, your attorney will request medical records from every provider you saw. It is important to keep a list or diary of every provider who treated you in relation to the injury including any imaging, ambulances, and pharmacies. If the attorney doesn’t know about a provider, that won’t be included in what is called the demand letter.
Once all the medical records are sent to your attorney, he or she will compose a demand letter. This outlines all of your treatment, details the impact the injury has had on your life, and requests a dollar amount to compensate you for your injuries. This letter, along with copies of your medical records, are sent to the insurance company or claims adjuster for evaluation. Most demand packages are responded to within 30 days.
Step 6: Negotiating a Settlement
Insurance companies often try to settle claims quickly—and for as little as possible. Your attorney will negotiate on your behalf to seek fair compensation for:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Other accident-related losses
If a satisfactory settlement is reached, the claim ends here. If not, litigation may be necessary.
Step 7: Filing a Lawsuit (If Needed)
If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. This doesn’t always mean going to trial—many cases still settle before the court date. However, preparing for litigation puts pressure on insurers to offer a better settlement.
Step 8: Discovery and Trial
If the case goes to trial, both sides will present evidence during the discovery process and in court. A judge or jury will determine liability and award damages. Trials can be complex and time-consuming, but sometimes they are the best route to full and fair compensation.
Step 9: Resolution and Compensation
If your claim is successful—either through settlement or court verdict—you’ll receive compensation for your damages. Your attorney will handle final paperwork, payments, and any outstanding liens or bills related to your case.
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Final Thoughts
Every personal injury case is unique, and the process can vary depending on the nature and severity of the injury. At the Law Office of Paul J. Landry, we are committed to helping you navigate this journey with confidence, clarity, and care.
Injured? We Can Help.
If you or a loved one has been hurt due to someone else’s negligence, contact us today for a free consultation. We’re here to protect your rights and fight for the compensation you deserve.