What to Expect When Filing a Personal Injury Claim: a Timeline of Events

Filing a personal injury claim can feel overwhelming, especially when you’re already dealing with the physical, emotional, and financial aftermath of an accident.

In this article, I will be taking the example of McGilberry & Shirer, a popular law firm, when it comes to personal injury cases. For starters, they ensure that you understand the process and feel confident every step of the way.

So, if you are trying to understand the timeline of what to expect when filing a personal injury claim with experienced attorneys, keep on reading! I am sure that you will get the right guidance that you are looking for…

Understanding a Personal Injury Claim

A personal injury claim is essentially a legal process where someone who has been injured due to another person’s negligence seeks compensation. This could be for medical bills, lost wages, pain and suffering, or even emotional distress.

To begin, you need to determine if your case qualifies as a personal injury claim. Typically, this applies to situations like car accidents, slip-and-fall incidents, workplace injuries, or medical malpractice.

The key is proving that another party was at fault and that their negligence caused your injury.

Once you’re sure you have a case, the first step is to gather evidence. Think medical reports, photos of the accident, witness statements, and receipts for expenses related to your injury. This evidence strengthens your claim and ensures that you’re ready if the case goes to court.

It’s also important to be aware of the statute of limitations in your state. This is the time frame you have for filing your personal injury claim.

However, this varies depending on your location and the nature of the case. Missing this deadline could mean losing your right to compensation.

Most personal injury claims don’t go to trial. Instead, both parties resolve the case through negotiations with the at-fault party’s insurance company.

But remember, insurance companies aim to pay as little as possible. Hiring an experienced personal injury attorney can significantly increase your chances of receiving a fair settlement.

In short, understanding a personal injury claim is about knowing your rights, collecting evidence, and taking timely action. With the right preparation, you can confidently navigate the process and focus on your recovery.

Filing a Personal Injury Claim: Step-by-Step Guide

Now that you are aware of what a personal injury claim is, it is time for you to understand the steps associated with filing a personal injury claim. To serve as an example, I will be taking the filing processes that McGilberry & Shirer, an esteemed law firm, takes.

So, without further ado, let us get on with it:

1. Initial Consultation

First, you meet with a McGilberry & Shirer attorney to discuss the details of your case. They evaluate the circumstances of your injury, gather preliminary evidence, and determine the viability of your claim.

Generally, here is the list of things that you should bring with you:

• Medical records.
• Accident reports.
• Photographs of injuries or the accident scene.
• Contact information for witnesses.
• Any communication with insurance companies.

Duration: Typically, this consultation lasts 30 minutes to an hour. They aim to provide clarity and answer all your questions.

Goal: To establish if you have a valid claim and outline the next steps.

2. Investigation and Case Building

Your attorney begins gathering evidence to support your claim. This includes:

• Obtaining medical records and bills.
• Reviewing accident reports and police documentation.
• Collecting witness statements.
• Securing expert testimony, if necessary (e.g., accident reconstruction specialists, medical experts).
• They identify liable parties, which could include individuals, companies, or even government entities.

Duration: This phase can take weeks or months, depending on the complexity of the case.

Goal: To build a strong foundation for your claim, maximizing your chances of securing fair compensation.

3. Filing the Claim

Once you gather sufficient evidence, your attorney files the claim with the at-fault party’s insurance company.

A formal demand letter is submitted outlining:

• The details of the accident.
• Your injuries and medical expenses.
• Lost wages and other damages.
• The compensation amount being sought.

Duration: Filing and waiting for an initial response from the insurance company can take a few weeks.

Goal: To initiate negotiations and start the process of securing compensation.

4. Negotiations with the Insurance Company

The insurance company reviews the claim and often attempts to offer a lower settlement. Your attorney negotiates aggressively on your behalf to ensure a fair settlement.

This phase may involve back-and-forth discussions, counteroffers, and additional evidence submission.

Duration: Negotiations can last from a few weeks to several months, depending on the insurer’s willingness to cooperate.

Goal: To reach a fair settlement without going to court, saving you time and stress.

5. Mediation or Alternative Dispute Resolution (If Necessary)

If negotiations stall, mediation or alternative dispute resolution may be used to reach an agreement. Both parties meet with a neutral third party (mediator) to resolve the dispute outside of court.

Duration: Mediation sessions typically last a day or two, but scheduling and preparation may take weeks.

Goal: To avoid litigation while still achieving a favourable outcome.

6. Filing a Lawsuit (If Negotiations Fail)

If a fair settlement cannot be reached, your attorney files a lawsuit in civil court. The litigation process begins with the following steps:

• Discovery Phase: Both sides exchange evidence, take depositions, and gather additional information.
• Pretrial Motions: Attorneys argue legal points before trial.
• Settlement Conferences: Last-minute negotiations may occur before trial.

Duration: This phase can take several months to over a year, depending on court schedules and the complexity of the case.

Goal: To prepare for trial while leaving room for a potential settlement.

7. Trial

If your case proceeds to trial, it will be presented before a judge or jury. Both sides present evidence, call witnesses, and make arguments.

After deliberation, the judge or jury issues a verdict, determining whether compensation is owed and the amount.

Duration: Trials can last a few days to several weeks.

Goal: To secure a judgment in your favour, ensuring you receive the compensation you deserve.

8. Receiving Compensation

If the verdict or settlement is favourable, the defendant’s insurance company issues payment.

Compensation typically covers:

• Medical expenses (past and future).
• Lost wages and diminished earning capacity.
• Pain and suffering.
• Property damage.
• Punitive damages (in cases of extreme negligence).

Duration: Payments are generally issued within 30 days of a settlement agreement or court judgment.

Goal: To provide financial relief and support your recovery.

Factors That May Impact Your Timeline

There are several things that might impact the time of your successful personal injury claim. Here are some of them that you need to keep in mind:

• Complexity of the Case: Cases involving multiple parties or unclear liability may take longer.
• Severity of Injuries: Significant injuries requiring ongoing medical treatment can extend the process.
• Insurance Company Tactics: Insurers may deliberately delay proceedings to pressure victims into accepting low settlements.
• Court Backlogs: If litigation is necessary, local court schedules may affect the timeline.

Why Choose McGilberry & Shirer?

At McGilberry & Shirer, they understand that every personal injury attorney case is unique. Our team has over 60 years of combined experience helping clients navigate the complexities of personal injury claims. Here’s how they stand out:

• Proven Track Record: Successfully represented over 10,000 clients in Texas.
• Comprehensive Support: They handle every aspect of your case, from evidence gathering to trial representation.
• Client-Centered Approach: Your needs and concerns guide our strategy.
• No Win, No Fee Guarantee: You pay nothing unless they secure compensation for you.

Take the First Step Toward Justice

If you’ve been injured due to someone else’s negligence, don’t navigate the personal injury claim process alone. Call McGilberry & Shirer for a free consultation. Their experienced attorneys are always ready to fight for the compensation you deserve. Additionally, they ensure to protect your rights at every step of the way.

Read More:

• How a Personal Injury Lawyer Can Help You Get the Compensation You Deserve
• 10 Situations Demanding a Lawyer: When to Seek Legal Counsel