How Does A Personal Injury Claim Work?
By Doug Standriff on October 30, 2025
After an accident, people often find themselves overwhelmed with questions about medical bills, time off work, and how to pursue compensation. One of the most common questions we hear is: How does a personal injury claim work? While every case is unique, there is a general process that most personal injury claims follow, from the moment the injury occurs to the final resolution, whether that’s a settlement or a courtroom verdict.
If you’ve been injured due to someone else’s negligence, understanding this process can help you feel more in control and better prepared to make informed decisions about your next steps. Whether you slipped on a wet floor, were hit by a distracted driver, or suffered an injury at work, the framework for seeking compensation is largely the same.
Step One: Seek Medical Attention Immediately
The first step after any injury is to get medical help. Your health comes first, and prompt treatment ensures that your injuries are properly documented from the start. These records become vital in your personal injury claim.
The medical notes, test results, and treatment plans will serve as evidence of your injuries and their impact on your life. Even if you feel okay initially, some injuries take time to fully show symptoms. Seeing a doctor also helps prevent the defense from arguing that your injuries weren’t serious enough to require treatment.
Step Two: Consult with a Personal Injury Attorney
Once you’ve begun your medical care, the next step is to consult with an experienced personal injury attorney. Most attorneys offer free consultations, during which they assess your situation and explain your legal options. During this meeting, you’ll review the details of the incident, discuss your injuries, and explore the potential for a valid claim.
Your attorney will want to know how the injury occurred, whether there is clear evidence of fault, and what your losses are so far. They may also ask whether you’ve spoken with any insurance adjusters, signed any documents, or given any recorded statements. The goal is to understand your position and begin building a strategy to pursue compensation.
Step Three: Investigation and Evidence Gathering
Once you’ve hired legal representation, your attorney will begin a thorough investigation of your claim. This includes collecting accident reports, reviewing medical records, gathering photographs or videos, interviewing witnesses, and consulting with experts if needed. In cases such as a slip and fall, a defective product, or a workplace incident, identifying the negligent party and proving fault become top priorities.
For example, if you were injured in a slip and fall accident, our Bergen County slip and fall lawyers would examine the property’s conditions, maintenance logs, and determine whether the property owner failed to take reasonable safety precautions. Each case will require tailored evidence to support the claim, and that’s what the investigation is designed to uncover.
Step Four: Calculating Damages
Next, calculate the value of your claim. Damages in a personal injury case include more than just medical bills. They can also include lost wages, pain and suffering, emotional distress, loss of future earning capacity, and the cost of future medical care. In some cases, such as serious workplace injuries, long-term disability, or permanent impairment, may also be part of the damages calculation.
For clients pursuing a workplace claim, we carefully consider both workers’ compensation benefits and potential third-party liability. If you’re unsure about whether your injury at work qualifies for a personal injury claim, speak with a professional workplace injury lawyer in Bergen County who can review the details and determine the full scope of your legal options.
Step Five: Demand Letter and Settlement Negotiations
Once the case has been thoroughly prepared and damages calculated, your attorney will usually send a demand letter to the at-fault party’s insurance company. This letter outlines the facts of the case, the injuries sustained, and the amount of compensation being requested. It serves as a formal invitation to resolve the matter without litigation.
In many cases, this opens the door to settlement negotiations. Insurance companies may respond with a counteroffer or request additional information. The negotiation process can take weeks or even months, depending on the extent to which the parties differ in their valuation. While many claims settle during this phase, not all do.
Step Six: Filing a Lawsuit (If Necessary)
If negotiations fail to produce a fair settlement, your attorney may advise filing a lawsuit. This step doesn’t always mean the case will go to trial, but it does put pressure on the insurance company to take the claim seriously. Filing a lawsuit also opens the door to discovery, where both sides exchange evidence, take depositions, and build their legal arguments.
At this stage, civil procedure becomes important. As part of our approach to NJ civil litigation, we understand how to navigate court filings, discovery disputes, and pre-trial motions effectively. Even during litigation, cases often resolve through mediation or settlement conferences before reaching the courtroom.
Step Seven: Trial and Verdict (If No Settlement Is Reached)
If your case does go to trial, it will be heard by a judge or jury. Your attorney will present evidence, question witnesses, and argue your case in court. Trials can take anywhere from a few days to several weeks, depending on the complexity of the issues involved.
At trial, the burden is on you (the plaintiff) to prove that the defendant was negligent and that their actions directly caused your injuries. The jury then decides whether the defendant is liable and, if so, how much compensation you should receive. While a trial is never the preferred outcome due to its time and risk, it is sometimes necessary to achieve justice.
Step Eight: Post-Trial Actions or Appeals
After a verdict, either side can file post-trial motions or appeal the decision. If you win your case and the court awards compensation, the defendant may be required to pay immediately or may ask the court to delay payment during an appeal. Your attorney will guide you through these final steps to ensure your judgment is enforced or defended if challenged.
Why the Right Legal Representation Matters
Throughout this process, the skill, experience, and commitment of your attorney can make a meaningful difference. A personal injury claim isn’t just about seeking compensation—it’s about making sure your rights are protected, your voice is heard, and you’re not pressured into settling for less than you deserve.
At Bergen Law, we’ve spent over 30 years helping individuals navigate this process with confidence. Whether you’re dealing with a slip and fall, a workplace accident, or another form of negligence, we’re here to guide you from start to finish. To learn more about how we handle personal injury cases and protect our clients’ interests at every step, contact our team today.