What Is the Personal Injury Claims Process?

We Want to Help You Understand the Personal Injury Claim Process

Suffering a personal injury can completely upend your life. Even an accident that seems minor can lead to major financial and legal complications. Understanding the basic steps to resolve your case can help you and your family plan ahead and have peace of mind.

Cases often follow the process of hiring an attorney, reviewing your case, filing a complaint, collecting evidence to support your case, settlement negotiation, and, in some cases, bringing the claim before a judge and jury

Keep reading to learn more about each step and how you can increase your chances of getting justice.

The personal injury lawyers at Farah & Farah have the experience and knowledge to guide you through the claims process. We will support you every step of the way.

Contact us to get your free, no-obligation case review. We are available 24/7 to serve you at 877-245-6707.

Hire a Personal Injury Attorney

Contacting a personal injury attorney is the first step to take after suffering an accident. An experienced attorney can help gather evidence and strategize a legal approach that can increase the size of your settlement. 

You can file a claim on your own, but the insurance companies representing the at-fault parties may manipulate you and take advantage of the fact you don’t have legal counsel.

What Are the Steps in the Personal Injury Claims Process?

1. Send Demand Letter

A demand letter is a formal letter sent from the plaintiff to the defendant’s insurance company that includes information regarding the injuries you sustained in the accident. The letter will outline your evidence and show proof of your medical bills, lost wages, and other expenses. Insurance companies are often given 30 days to respond to your demand letter.

2. If Denied, File a Complaint

If your claim is denied, you can issue a complaint to the courts. The complaint details everything from the demand letter and states the facts relevant to the case, including:

After filing the complaint, your attorney will serve notice that a lawsuit has been filed against the at-fault party. The delivery must happen in person. The defendant then has 30 days to respond.

3. The Discovery Phase

The discovery is essential to your case, and you will want an experienced lawyer to manage this phase. The personal injury attorneys at Farah & Farah have the resources to collect critical evidence and records that support your claim

Evidence for the personal injury claim process can include:

This information will be used in the deposition, the process of presenting the sworn evidence and facts of the case in court. The defendant’s legal team will also conduct their discovery and prepare for the deposition.

4. Reaching a Settlement

The majority of cases do not go to trial. Most end with a settlement, where the at-fault party offers a compensation package to cover economic and non-economic damages. Having a good lawyer to navigate a settlement offer is essential because insurance companies may try to dismiss your claims or offer a very low settlement.

5. If an Agreement Can’t Be Reached, Go to Trial

During a trial, a judge and jury will hear arguments from both sides and provide a verdict. If they rule in favor of the defendant, the case will be dismissed. If your lawyer can prove the defendant is at-fault, the judge will determine the damages you are owed.

How Long Do You Have To File a Claim?

Many states have a statute of limitations to set a deadline by which you must file a claim. In Florida, accident victims have four years to file a personal injury lawsuit. The statute of limitations in Georgia is two years. There are some exceptions to this rule — for example Florida has a statute of limitations for wrongful death that is only two years from the victim’s death.

It is crucial to act quickly. Acting fast gives your attorney a better chance to speak to witnesses who have fresh memories about the accident. 

How Long Does It Take To Settle a Personal Injury Claim?

The time frame for settling a personal injury claim depends on various factors, including:

That said, accidents can be settled in a matter of months or up to one or two years.

  • This field is for validation purposes and should be left unchanged.

Other Personal Injury FAQs

Our Florida Locations

Our Georgia Locations

Other Main
Practice Areas

Get Started on Your Personal Injury Claim Today!

The process for filing a personal injury claim is often complex. Hiring an experienced personal injury lawyer can increase your chances of receiving the compensation you deserve.

The personal injuries at Farah & Farah have fought on behalf of accident victims for years. We have built a stellar track record of success and we are ready to help you.

Contact us to get a free, no-obligation case review.

Recent News About Florida & Georgia Personal Injuries

Nicole Thompson Personal Injury Attorney in Valdosta, GA

“Have thick skin and learn to work with different personalities.” Farah & Farah is celebrating Women’s History Month this March...

Read More
Tampa Personal Injury Attorney Kaley Dreyer

“Young women can do anything they put their minds to.” Farah & Farah is celebrating Women’s History Month this March...

Read More
Personal Injury Attorney Amanda Olivert Fort Myers

“Keep pushing through, don’t let anyone stop you from pursuing your goal.” Farah & Farah is celebrating Women’s History Month...

Read More
Women's History Month with Christle Guinyard of Farah & Farah

“Absolutely never give up. Even if someone tells you why you shouldn’t do it – if you have a passion...

Read More
Workplace Accident Attorney

A tragic industrial explosion occurred at the I. Schumann & Co.’s industrial plant on Monday, February 20, 2023. The devastating...

Read More
Construction worker killed in a porta-potty

An awful tragedy occurred last month when a construction worker at a Polk County landfill was crushed to death while...

Read More
  • This field is for validation purposes and should be left unchanged.