Being in an accident can turn your life upside down in seconds. One moment you’re driving to work, picking up groceries, or heading home, and the next you’re injured, your car is wrecked, and you’re left wondering: What now?

If you’re like most people, you probably have a lot of questions:

Do I need a lawyer right away?
What happens to my medical bills?
How long will this take?
What if the other driver lies?
Will I have to go to trial?

This guide will walk you step by step through the process of a personal injury case. We’ll start at the very beginning—the accident scene—and follow the journey all the way through settlement or trial, and finally to the last step of resolving liens. By the end, you’ll have a clear roadmap of what to expect.

To make things easier, I’ve broken this roadmap into four major stages of a personal injury claim:

Investigation and Preservation: Gathering and protecting evidence.
The Claims Process: Submitting a claim to the insurance company and negotiating.
Litigation and Trial (if necessary): Filing a lawsuit and possibly going to court.
Finalizing Your Case: Paying back liens and closing everything out.

Along the way, we’ll also cover:

What to do immediately after an accident.
Common mistakes people make.
How insurance companies think.
A timeline of how long these cases usually take.
Tools and resources you can use to stay organized.

Stage 0: Right After the Accident – What You Should Do

Before your claim even begins, what you do in the minutes and days after an accident can make or break your case.

At the Scene:

If you’re physically able:

Call 911. Always get police and emergency responders on scene. A police report is an important piece of evidence.
Get medical help. Even if you feel “fine,” adrenaline can hide injuries like concussions, whiplash, or internal bleeding.
Take photos and videos. Capture the cars, the road, skid marks, weather, traffic lights, and injuries.
Get witness info. Names and phone numbers. Witnesses disappear fast if you don’t get their info right away.
Exchange insurance details. Get the other driver’s insurance and license plate.

In the First 24–48 Hours:

See a doctor. Documenting your injuries early is critical. Waiting weeks makes the insurance company argue your injuries weren’t caused by the accident.
Call your insurance company. Report the accident, but don’t give a recorded statement to the other driver’s insurance before speaking to a lawyer.
Contact a lawyer. The sooner you do, the better your evidence is preserved.

Stage 1: Investigation and Preservation

This is the “fact-gathering” stage. A strong case is built on evidence, and evidence disappears quickly. That’s why this stage usually starts immediately after you hire a lawyer.

Gathering Evidence

Your lawyer will collect every piece of information possible, including:

Police reports. A baseline document showing what happened.
Medical records and bills. Proof of your injuries and costs.
Photos/videos. From you, from businesses nearby, or from traffic cameras.
Witness statements. People’s memories fade, so these need to be captured early.
Scene inspections. Sometimes experts are sent to measure skid marks, road conditions, or visibility.

Examples of evidence that disappears fast:

Skid marks that wash away after rain.
Surveillance footage that gets overwritten after a week.
Vehicle damage if cars are repaired or scrapped.
Witness memories, which fade with time.

Protecting Evidence (The “Preservation Letter”)

Your lawyer doesn’t just collect evidence—they make sure no one else destroys it. They do this by sending what’s called a spoliation letter (or preservation letter).

This letter tells the other party (or their insurance company) not to:

Repair or dispose of vehicles until inspected.
Delete or overwrite video footage.
Destroy company records or employee logs.

If they ignore the letter and destroy evidence, a judge can punish them later in court.

Stage 2: The Claims Process

Once the evidence is gathered and preserved, it’s time to move into the claims process. This is where your lawyer formally asks the insurance company to pay for your losses.

Step 1: Understanding Your Damages

“Damages” is the legal word for what the accident cost you.

Types of Damages:

Medical bills. ER visits, hospital stays, surgery, physical therapy, prescriptions.
Lost income. Paychecks missed because you couldn’t work.
Future medical costs. Surgeries, hardware removal, arthritis treatment, or rehab.
Pain and suffering. The physical and emotional toll—loss of sleep, depression, PTSD, loss of enjoyment of life.
Property damage. Your car and anything inside it.

Typical Breakdown of Damages in a Car Accident Case

Type of Damage	Example	% of Claim Value (Average)
Medical Bills	Surgery + PT	40%
Lost Income	3 months off work	25%
Future Medical Costs	Back surgery in 10 years	10%
Pain and Suffering	Chronic pain, PTSD	20%
Property Damage	Car repairs	5%

(Percentages vary by case, but this shows how damages are usually weighted.)

Step 2: Liability (Who’s at Fault?)

Insurance companies don’t just pay because you’re hurt. They pay if their insured is legally responsible.

In many states, the law uses comparative fault, which means fault can be shared.

Example:

Driver A makes an illegal left turn.
Driver B is speeding.
Both could be at fault. If a jury decides Driver A is 70% at fault and Driver B is 30% at fault, Driver B’s compensation is reduced by 30%.

Comparative Fault

100% fault = you get full damages.
50% fault = damages cut in half.
51%+ fault in some states = you get nothing.

Step 3: The Demand Letter

Once damages and liability are clear, your lawyer sends a demand letter to the insurance company.

The demand letter includes:

A summary of what happened.
Who was at fault.
A breakdown of damages.
Medical records, bills, and sometimes photos/videos.
A dollar amount you’re demanding.

Think of this as the opening move in negotiation.

Step 4: Negotiation

The insurance company usually responds in one of three ways:

Agree to pay in full (rare).
Deny the claim entirely.
Offer a lower amount (the most common).

Your lawyer then negotiates back and forth, sometimes over weeks or months.

Stage 3: Litigation and Trial (If Necessary)

Most cases settle without a lawsuit. But if the insurance company refuses to pay fairly, your lawyer may recommend filing suit.

Filing the Lawsuit

The lawsuit starts with two documents:

Complaint: Filed by your lawyer, explains what happened and what you’re seeking.
Answer: The other side responds, usually denying everything.

Discovery Phase

This is often the longest stage—lasting a year or more. Both sides exchange information.

Tools used in discovery:

Interrogatories: Written questions answered under oath.
Requests for Production: Asking for documents like medical records or phone records.
Depositions: In-person questioning under oath.

Mediation and Settlement Conferences

Judges often encourage mediation before trial. A mediator helps both sides talk openly and reach a compromise.

Trial

If settlement doesn’t happen, your case goes to trial.

What happens at trial:

Jury selection.
Opening statements.
Witness testimony and cross-examination.
Closing arguments.
Jury deliberates and gives a verdict.

Remember: over 95% of cases settle before trial.

Timeline of a Personal Injury Case

Stage	Average Timeframe
Accident → Hiring Lawyer	Days to weeks
Investigation/Preservation	1–3 months
Claims Process & Negotiation	3–9 months
Litigation (if filed)	12–24 months
Trial (if necessary)	3–5 days in court

Stage 4: Finalizing Your Case (Dealing with Liens)

Even after you win or settle, there’s one last step: paying back liens.

What Are Liens?

A lien is a legal claim against part of your settlement. For example:

Your health insurance company may want repayment for medical bills they covered.
Medicare/Medicaid may demand repayment by law.
Hospitals and healthcare providers may file liens for the amounts normally written off after health insurance payments.

How Lawyers Handle Liens

Your lawyer negotiates with lien holders to reduce the amount. For example:

A $20,000 hospital bill lien might be reduced to $10,000.
Health insurance liens can often be cut down by 30–40%.

This step is crucial because it directly affects how much money actually goes in your pocket.

Common Mistakes People Make After an Accident

Not getting medical care right away. Insurance companies argue your injuries aren’t serious.
Talking too much to the insurance adjuster. They are trained to get you to say things that hurt your case.
Posting on social media. A smiling vacation photo can be used against you.
Waiting too long to call a lawyer. Evidence disappears quickly.
Accepting the first settlement offer. It’s almost always too low.

Final Thoughts About the Personal Injury Roadmap

Going through a personal injury case can feel overwhelming. But when you understand the roadmap—investigation, claims process, litigation, and finalizing liens—you can see the path forward.

Remember:

Evidence disappears fast, so act quickly.
Insurance companies are not on your side.
Most cases settle before trial.
Liens matter—don’t forget the last step.

Having an experienced lawyer means you’re not walking the road alone. They’ll guide you at every stage, protect your rights, and fight to make sure you’re compensated fairly.

Final Tip: Every state has deadlines (called “statutes of limitations”) for filing injury claims. In many places, it’s 2 years, but it can be shorter. Don’t wait too long—your rights can expire.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile

Personal Injury Roadmap

What to Do After an Accident: The Personal Injury Roadmap