No Fee Unless You Win
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:
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:
Along the way, we’ll also cover:
Before your claim even begins, what you do in the minutes and days after an accident can make or break your case.
If you’re physically able:
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.
Your lawyer will collect every piece of information possible, including:
Examples of evidence that disappears fast:
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:
If they ignore the letter and destroy evidence, a judge can punish them later in court.
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.
“Damages” is the legal word for what the accident cost you.
Types of Damages:
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.)
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:
Comparative Fault
Once damages and liability are clear, your lawyer sends a demand letter to the insurance company.
The demand letter includes:
Think of this as the opening move in negotiation.
The insurance company usually responds in one of three ways:
Your lawyer then negotiates back and forth, sometimes over weeks or months.
Most cases settle without a lawsuit. But if the insurance company refuses to pay fairly, your lawyer may recommend filing suit.
The lawsuit starts with two documents:
This is often the longest stage—lasting a year or more. Both sides exchange information.
Tools used in discovery:
Judges often encourage mediation before trial. A mediator helps both sides talk openly and reach a compromise.
If settlement doesn’t happen, your case goes to trial.
What happens at trial:
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 |
Even after you win or settle, there’s one last step: paying back liens.
A lien is a legal claim against part of your settlement. For example:
Your lawyer negotiates with lien holders to reduce the amount. For example:
This step is crucial because it directly affects how much money actually goes in your pocket.
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:
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.
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read moreIf you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (602) 258-0646
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