From Consultation to Settlement: A Step-By-Step Guide to the Personal Injury Claim Process

Before going to trial, almost all personal injury lawsuits are settled. The process includes calculating medical expenses, lost wages, property damage, and pain and suffering.

A knowledgeable personal injury lawyer will work with insurance providers to obtain reasonable reimbursement for your injuries.


The legal consultation is an essential step in any personal injury case. During this consultation, the client meets with an experienced attorney and discusses their accident and injuries to determine if they have a valid claim for damages.

This meeting may include reviewing medical records, hospital bills, and other evidence of your injury, such as photographs or videos of the accident scene or your injuries. You will also be asked about your financial losses, including lost wages and other expenses, which will help to calculate your damages.

Public consultation gives the public a greater voice in policy decisions and can help restore trust in government and business. Nevertheless, it’s essential to remember that consultants are not reformists determined to change management practices or presumptions.


Documentation is the process of collecting and preserving evidence that proves your claim in a personal injury case. This includes gathering medical bills, retaining photos of your injuries, and recording conversations with eyewitnesses.

Medical documentation proves your injuries exist and that they are related to the accident. It also helps establish the amount of compensation you deserve for your injuries.

In addition, solid documentation can improve your credibility when negotiating with insurance companies. When an insurer knows you have meticulous records, they will be less likely to try to discredit your claims and offer a fair settlement. Proper documentation can also make proving you are lying or exaggerating your damages in court is harder. For example, your medical records can provide a detailed picture of what you went through during surgery, which can help the jury better understand your injuries.


In this step, the Saginaw personal injury attorneys from delve into the nuances of your incident, evaluate responsible parties and their insurance coverage, and gather medical records. It would help if you continued to focus on your recovery, adhering to your doctor’s prescribed treatment and documenting your journey to ensure all of your damages are accounted for.

Your attorney can create and deliver a demand package to the defendants and insurance companies involved once enough evidence has been gathered. This document puts liable parties on notice of the available evidence. It calculates the value of your claim by considering your past and ongoing injuries, loss of earnings, and non-economic losses. It also initiates the pre-suit settlement negotiation process. Alternatively, your case may proceed to trial for judgment by a jury.


Negotiation is an essential step in the claim process. It’s part of the personal injury settlement process where your attorney and the insurance company start negotiating the amount you should receive for your damages.

Both parties exchange information and clarify their underlying interests and concerns in this stage. They also may be asked to justify and substantiate their positions, aiming for a joint definition of a problem that is objectively reasonable and legitimate.

It’s important to empathize with the other party during this stage and understand their perspective. The ability to do so can create value for both parties, avoiding the hurting stalemate that often results from negotiations that devolve into power struggles. This is also the time to identify your best alternative to a negotiated agreement (BATNA). The more BATNAs you have, the more leverage you will have in the final negotiation.


Although more than 90% of injury claims are resolved without going to trial, all parties must clearly understand what to expect during a personal injury trial. If a fair settlement cannot be reached, a judge or jury will ultimately decide your case at trial.

Your lawyer will present your side of the story to the court, and the party who injured you (the defendant) will put on their defense. Based on the evidence given during the trial, the judge or jury will determine whether the defendant is accountable for your injuries and losses and how much you are entitled to.

Trials are unpredictable and can get pushed back for various reasons. It is always important to remain patient and not stress over trial delays.

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