Personal Injury Claims Process

The US Center for Disease Control and Prevention found that there are over 30 million accidental injuries reported yearly. If you, too, were recently injured, the justice system can help you recoup your medical costs and other damages. Get your claim started the right way, and you can begin recovering your losses more quickly. Learn about the personal injury claims process here. 

What’s the Personal Injury Claims Process?

A personal injury claim is a civil (not criminal) legal action filed with your local justice system. Injury claims allow companies or individuals to resolve legal disputes that range from business encounters to personal injuries.

A judge or jury eventually decides the outcomes in each case type when both sides in the matter can’t negotiate a resolution. If you’ve been injured due to someone else’s actions, you would be eligible to file a personal injury claim.

Examples of personal injury claims can range from injuries sustained in a car accident to motorcycle accident to any other type of traffic accident. A personal injury claim also applies to those victims who have delayed onset injuries after the accident is long over.

The justice system provides a process where victims can recover their costs with help from a personal injury lawyer. The process consists of the following. 

Filing a Personal Injury Claim

The personal injury claims process begins when a victim, referred to as the “plaintiff,” files their “complaint” with their local court system. A personal injury claim will also identify the other party being sued or the “defendant.”

Complaints describe why a plaintiff believes they deserve relief and what amount they should receive. These injury claims are built upon accident facts collected (pictures of the accident scene, police reports, medical records, etc.)

When plaintiffs file their complaints, they pay a court filing fee. They can also request the court to “serve” or deliver a summons to the defendant.

A “summons” is a document that notifies the defendant that someone has filed a claim against them. The summons also identifies any other defendants involved with the case. This document can also determine the names of the plaintiff’s attorney and which courthouse the lawsuit was filed in.

A summons document is personally delivered to every defendant. Some plaintiffs decide to deliver a summons themselves. Hiring a law firm that will deliver the legal documents to the defendant is more effective and safer than delivering the summons on your own. 

Present Assigning Responsibility Arguments

Most states in the US have passed statutes called at-fault laws. At-fault laws mean that when someone is injured in an accident, they must not be more than 49% responsible for the accident if they want reimbursement for their expenses.

When investigations start reaching these levels of attention, most injury claims are transferred to a local court, where a judge decides the outcomes.

Answer Period

When a victim files an injury claim, the responding party must formally reply to the court on the arguments and evidence presented.

If they don’t, the court will automatically rule in favor of the victim. If the responding party doesn’t agree with the arguments presented, the claim moves forward to the discovery period so that the claim can be disputed.

Discovery Period

Discovery is the phase where both sides exchange evidence and other case facts with each other. During this phase, each side in the matter shares their outcome expectations. Then, both sides can navigate their next steps.

During discovery, lawyers conduct a deposition. A deposition is the lawyers’ opportunity to collect testimonies from witnesses before a hearing. Conducting depositions is another way an attorney collects any definitive case evidence before the matter proceeds further.

Both sides in the claim can ask a witness, who is under oath, to testify. The witness must speak truthfully. When both sides of the injury claim have reviewed the witness testimony, they decide if they want to proceed with trial or negotiate a settlement.

Motions Period

Defendants can submit motions either before or after a discovery period. These motions can request dismissing some of the victim’s arguments in the injury claim. If the court agrees, they’ll act in the defendant’s favor.

When these motions are submitted, a victim’s attorney must respond within 30 days. The response must be in writing if they disagree with the dismissal. Sometimes, judges hold hearings to hear arguments from both sides before ruling on the motion to dismiss the claim.

Negotiation Settlements

Around 95% of personal injury claims are settled outside of the courts. When both sides want to settle outside of court, the personal injury claim is dropped. Sometimes, both sides will see value in avoiding further court fees to close the case faster and save on expenses.

If this circumstance arises, both sides meet during a legal procedure, called mediation. Mediation is a phase where both parties meet in person (outside the courtroom) to negotiate an outcome.

Lawyers for both sides will draft a settlement that spells out what expectations both parties agreed to. Common expectations usually cover payment due dates, terms, and installment amounts.

Personal Injury Court Hearing

When victims and their responsible parties can’t find ways to settle their case, then the claim moves to a court hearing.

During this phase, a judge or jury makes the final (binding) decision on whether a victim should receive a reimbursement and in what amount. Responsible parties and victims can file appeals on any final judgments or award amounts that don’t turn in their favor.

Next Steps

Are you a recent personal injury victim? Act now if you believe you have a valid personal injury claim on your hands. Contact The Law Offices of Daniel Kim if you’d like more information on the personal injury claims process. You can schedule a free consultation to discuss your case.

We’ll share our trial-ready philosophy and how it helps our clients secure fair compensation. Let us help you win the outcome you deserve.