How to Go About Filing a Personal Injury Claim 
personal injury claim form on desk.

If you or someone you know has been in a personal injury, you must file a claim right away. But what if you or a loved one have never filed a claim before? There is no need to worry. No one ever expects to find themselves in an accident or in a hospital to be treated for injuries. There are many steps to take when you have recently been in an accident. After being treated for injuries, it is up to you to get the process done that way you are reimbursed the time and money that your injuries require. We break the process down, step by step, to help you get started.  

Seek Medical Treatment, Immediately 

Oftentimes, if you have been in a serious accident, you will be immediately transferred to a hospital to get treated. Although, not everyone is taken to get treated right after a personal injury and this is often tied to the extremity of the injury. Even if you think you are fine, you should go and get checked anyway because should they find any injuries, you can use these documents toward your case. 

Consult a Personal Injury Attorney 

After you have been treated and checked for injuries, it is important that you get in touch with a lawyer that specializes in personal injury. Sure, you can choose any lawyer, but your best bet lies in the hand of a personal injury lawyer. These lawyers know the ins and outs of the process and having experience is the best thing to have when things like this happen. 

Get In Contact with the Insurer

When you do file your claim and talk to an insurance agent, you want to make note of everything that happened in your personal injury. Some people, due to injuries, may have a hard time remembering and this is completely okay. As long as you do the best you can to recall, that is what matters the most. 

Gather Information for Your Claim 

Any documentation you have that can support your claim should be provided. This includes medical documents, any prescriptions you have been given, proof of treatment, doctor’s notes, invoices, and estimates of damage to your personal property if this was at the setting of your personal injury. You can also provide records of lost wages, which will definitely help you in your case. 

File a Lawsuit 

Once you have all the important information together, this is where you can finally file a lawsuit. You will find that an insurance company will automatically want to reach a settlement, but you shouldn’t let this happen. If this does happen in your case, you can request to take it to trial. Even after filing a lawsuit, you will still have a chance to settle for what you deem necessary for your injuries. 


All civil personal injury claims will go through a discovery process. This part of the claim is where attorneys from both sides will exchange facts, documentation, and any information that is relevant to the case. This could take weeks, and sometimes months, in the worst-case scenario. The purpose of this step in the process is to allow both sides a chance to understand the presented facts and to argue against them. 


The two parties, including you and your lawyer, will meet with a mediator to facilitate a settlement. The mediator is there to help resolve disputes, but it is not up to them to make the final judgment or to provide legal advice. This will all fall solely on you, your lawyer, and what you are trying to get out of your case. 

Finally, Reach a Settlement 

The last step is when you can finally reach a settlement or agreement. Sometimes, the defendant will admit full fault, meaning you will receive everything you asked for during negotiation. Oftentimes, the defendant will admit to fault if your evidence is substantial or very significant. This just might as well be the case for you if you have recently been in a personal injury. If you do settle for something smaller than what you asked for, insurers may ask you to sign a release to consent that the case is settled and final. But ultimately, the goal is to get you the settlement you worked for and deserve 

Get Help with Filing Your Claim with the Law Office of Javier Martinez, Jr., P.C.

You should never wait to file a claim if you have recently been injured. You can even get the claim process started with us that way you can rest assured. Get in touch with us today for a free consultation.