Steps of a Personal Injury Claim

Monday, March 23, 2020

Steps of a Personal Injury Claim

Written by Malman Law, reviewed by Steve J. Malman.

If you or someone you care about has suffered an injury in an accident that was caused by someone else, there are certain steps that you should always take, the first of which is to seek immediate medical treatment for your injuries. As soon as possible after starting treatment, you should speak with an experienced personal injury lawyer about your accident. The Chicago personal injury lawyers at Malman Law can help you file a claim or lawsuit against the at-fault person or persons, in order to pursue the monetary compensation you deserve. 

Give us a call today at (312) 629-0099 or contact us online to learn more about how we may be able to assist you with your case.  

Speak to a Lawyer

The first thing that you should do after being involved in an accident that someone else caused is to talk with a knowledgeable personal injury attorney. An experienced lawyer will begin to investigate the claim and the circumstances behind your accident. A lawyer can also obtain and review the medical treatment records following your accident. 

During this time, the at-fault individual’s insurance company might reach out to you directly and ask that you provide a recorded statement. The adjuster who calls you may also state that you are required to provide such a statement. If this happens, you should insist that legal counsel be present with you on the phone (or in-person) during such a statement, since the only purpose of a recorded statement is for the insurance company to determine if there is a possible basis to deny your claim. 

Submit a Settlement Demand

The next step in the process is for your lawyer to finish gathering all of your medical records and bills that are related to the accident and assemble them into a demand package for the insurance company to consider. The insurance company may accept liability and then make an initial settlement offer in your case, or it may deny liability. 

Even when insurance companies make initial settlement offers on cases, these offers are oftentimes very low and not worth accepting. It may take several rounds of negotiation in order for the settlement offer to come up. In some personal injury cases, however, it becomes necessary to litigate the case. 

Litigating a Personal Injury Claim

The litigation phase of a personal injury claim starts with filing a lawsuit in the court system. Just because a suit is filed, though, does not necessarily mean that your case will go all the way to trial. In fact, many personal injury cases settle at some point during the litigation stage. Also, during litigation, the parties may engage in written discovery and oral discovery, such as depositions. The parties may also take steps at alternative dispute resolution, such as mediation. If the personal injury claim still does not settle, the matter will proceed forward to trial. 

Call a Chicago Personal Injury Attorney Today

The legal team at Malman Law can assist you throughout every stage of the personal injury claims process. To schedule a free case evaluation and legal consultation with a Chicago personal injury lawyer, please call us at (312) 629-0099 or contact us online to learn more.