What to Expect From the Injury Claim Process

March 28, 2024
Personal Injury

If you've been injured due to someone else's negligence, you may be entitled to compensation. Filing a personal injury claim can be complex, so it's important to understand the basics. Timing is key for injury victim claims and laws vary by state. Evidence is crucial, including medical records, police reports, witness statements, and accident scene photos.

A personal injury lawyer can help protect your rights and ensure fair compensation. Negotiating a settlement can save time and money, but litigation may be necessary. 

Filing a personal injury claim requires careful consideration and expertise. Seeking the guidance of an experienced personal injury lawyer and following helpful tips can increase the likelihood of a favorable outcome. Call Marks Law Group today at 678-251-9309 for a free consultation!

Timeline of the Typical Injury Claim

The personal injury claim process can often be intimidating and complex. Fortunately, with the help of a skilled attorney, you can navigate the steps of the claims process to achieve the maximum compensation that you deserve.

The first step in the personal injury claim process is to obtain medical care. Receiving medical treatment is essential because it makes sure that your injuries are properly documented and taken care of.

Once medical treatment has been received, then an experienced attorney can compile all of your relevant records into a demand package that presents your case against the other party or insurance company who caused your injuries.


If the other party agrees to pay your initial demand as proposed by your attorney, then there will be no need for litigation and you can resolve matters out of court through settlement negotiations.

On the other hand, if both parties cannot come to an amicable agreement, then your attorney may need to take further legal action by filing a lawsuit in court and requesting a jury verdict which would award you financial compensation for pain and suffering, lost wages, and medical bills among many other factors.

Seek Medical Treatment

When you are injured, you should seek medical treatment as soon as possible. The sooner you get care, the better your chances of recovering from your injury. A doctor will examine you and determine the extent of your injury. He or she may also order x-rays and other tests to help determine the cause of the injury and prescribe treatments. You should follow all the doctor's instructions and keep copies of all medical records and bills. This evidence is essential to your personal injury claim.

Related Content: Can I Recover Compensation for Future Medical Treatments?

Getting medical treatment from a medical provider after an accident is crucial. Even if you feel fine, it's best to get evaluated. Symptoms like headaches, body aches, nausea, or dizziness can be signs of serious health issues. Ignoring warning signs can lead to long-term chronic pain and suffering.

It's also important for making an injury claim against the at-fault party's insurance company. Neglecting to see a doctor or health professional can cause the insurance adjuster to question the seriousness of your injuries and deny compensation. Visiting medical professionals quickly is key to obtaining full coverage for any damages.

Seek the Advice of a Qualified Personal Injury Lawyer

When considering the necessity of hiring a personal injury lawyer, it should be noted that any time someone else might be legally responsible for an accident, it is almost always beneficial to consult a legal professional.

When an individual experiences severe accident injuries like broken bones, brain injury, or diagnosed concussions, the resulting medical bills and other losses, such as loss of earnings or time away from work, can exceed a few thousand dollars. Additionally, if there is a dispute regarding fault or the legitimacy of injuries, the situation can become ongoing.


For small personal injury claims, an accident attorney can assist in resolving the issue outside of court. However, if disputes arise regarding fault and responsibility, seeking the guidance of a legal professional skilled in negotiation and litigation may result in fair and just monetary compensation.

The Following Step is to Establish Your Claim

Opening a claim is necessary for filing a personal injury lawsuit. You must open the legal claim with both your and the responsible party's insurance carriers to receive compensation.

Your personal injury lawyer can assist you in this process and ensure all necessary information is included. This includes medical billing records, car repair estimates, and other related expenses. They will document each claim correctly for maximum compensation. Your personal injury claims process lawyer can also provide resources to assess the value of your claim and negotiate a fair settlement with insurance carriers.

Gather Information Regarding Your Claim

To file a claim, an injury lawyer's investigation is crucial. It strengthens the case and provides proof of liability. The initial step is to take pictures of the accident site. Accident reports can offer more details and should be obtained. The lawyer must identify all potential parties at fault and establish claims with their insurance companies.

Medical bills and records must be ordered to assess associated costs. The investigation can be complex, but necessary for a successful outcome. An experienced lawyer knows when you have an injury claim and exactly what to do and ensures nothing is overlooked. A successful insurance claim investigation leads to a successful resolution of your claim, whether it goes through arbitration, mediation, or litigation.

Negotiating a Settlement

Negotiating a settlement is a crucial part of the injury claim process. Before the negotiation begins, both parties need to understand the facts related to the case, including any applicable legal standards and applicable liability laws. It can be helpful to hire a personal injury attorney who has experience with negotiating such settlement talks, as they can provide valuable guidance and advice throughout this process.


Before beginning negotiations, the injured party should make sure to document any expenses incurred due to the injury, such as medical bills, lost wages, and pain and suffering. The defendant may offer a settlement that is too low, or deny blame for an incident altogether. In either case, it is important to be prepared to negotiate or prepare for a court case if necessary.

Reaching an Agreement or Initiating a Case

After an injury, the victim may decide to pursue a claim against the responsible party. The process of filing a personal injury claim will vary depending on the circumstances involved; however, there are usually two possible outcomes that can be expected.

The first outcome is when a settlement is agreed upon between the parties. This is usually done in private negotiations, with the help of attorneys if necessary. If negotiations fail to produce an acceptable outcome, then the injured party may choose to pursue a lawsuit. This involves filing a formal complaint with the court and engaging in additional litigation to obtain justice.

Filing a Lawsuit

Filing a lawsuit is often the last step in the injury claim process. It can be a time-consuming and expensive process, but it is sometimes necessary to secure the compensation you deserve. Before deciding to file a lawsuit, it is important to weigh all of your options and understand what to expect from the litigation process.


To begin a lawsuit, a complaint must be filed. This document lays out the facts of the case, including the defendant's negligence, and notifies them officially of the lawsuit. The complaint is then served to the defendant by mail or in person. Both parties will then exchange evidence and information, such as medical records.

Exploring the Injury Claim Process

When an injury lawsuit is filed, it initiates a legal process that can be quite complex and lengthy. Depending on the circumstances, the process can involve a variety of steps.

To begin, the injured party (the plaintiff) must file the injury lawsuit with the appropriate court. The complaint must include details about how, when, and where the injury occurred, as well as how it has affected the plaintiff's life. The defendant will then file a response to the complaint.

The next step is discovery, in which both parties request and exchange relevant documents and information regarding the case. During this time, each party may need to answer questions under oath or undergo medical examinations as part of the process.

Discovery usually precedes the personal injury trial, but not all cases make it that far. Settlement is common before trial, according to the Bureau of Justice, but if not then witnesses will be called and evidence presented in court. The judge or jury will determine liability and damages. The defendant may appeal the verdict if they disagree, but if not, the plaintiff can expect to receive the awarded damages.

Do Injury Claims Go to Trial?

When people file an injury claim, they often wonder if the case will go to trial. The answer depends on the specifics of the case and the parties involved - some cases settle out of court, while others proceed to a trial.

If you decide to pursue an injury claim, you should be prepared for either outcome. In most cases, it's in your best interest to try to reach a settlement agreement with the other party. A settlement is typically faster and less expensive than a trial, and it allows you to avoid the uncertainty of a jury verdict.


However, if negotiations fail or an acceptable outcome cannot be reached, then the case may be decided in court. If this happens, you'll need to prepare for trial by gathering evidence and finding witnesses who can testify on your behalf.

Get Help With an Injury Claim From an Experienced Attorney 

When you’ve been injured due to the negligence of another, it can be a difficult and stressful experience. But with Marks Law Group in Georgia, you can get help with your injury claim. This experienced law firm is dedicated to helping injury victims seek justice and compensation for their losses.

The team at Marks Law Group will help you throughout the entire injury claim process, from start to finish. They’ll help you understand your legal rights, gather evidence, and negotiate a settlement agreement with the other party. If necessary, they’re also prepared to take your case to trial and fight for your interests in court.

If you’ve been injured due to someone else’s negligence, contact Marks Law Group today for a free initial consultation.