The Personal Injury Claim Process

Step 1: Seek medical attention immediately

Your health comes first, and prompt medical treatment also creates the documentation your claim depends on. A gap in treatment gives insurers ammunition to argue your injuries were not serious.

Step 2: Document the scene and preserve evidence

Photograph the accident scene, your injuries, and any property damage. Get witness contact information. File a police report if applicable. Report the incident to the property owner in writing for slip and fall cases.

Step 3: Consult a personal injury attorney

Most personal injury attorneys offer free consultations and work on contingency. An attorney can evaluate the strength of your case, identify all potentially liable parties, and handle communications with the insurance company.

Step 4: File the insurance claim

Notify the at-fault party's insurer of your claim. Be careful about giving recorded statements — you are not required to give one to the other party's insurer without attorney guidance.

Step 5: Negotiate and settle or go to trial

After investigation, settlement negotiations begin. Most cases settle. If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and proceeding to trial.