If you were seriously injured because someone else acted carelessly, you're likely dealing with more than just physical pain. You might be worried about mounting medical bills, time away from work, and how you're going to support your family.
Fortunately, the personal injury claim process exists to help people like you recover compensation for what you’ve suffered and lost, but it’s not always as straightforward as it should be.
Insurance companies have made it difficult to get fair compensation without seeking the help of an experienced personal injury lawyer. Pursuing compensation for personal injuries can be daunting, but it doesn’t have to be. Asking, What is the personal injury claim process and how can it actually help you recover is a great place to start.
The more familiar you are with each stage, the more comfortable you may feel working with a personal injury lawyer along the way.
Key takeaways
- The personal injury claim process includes initial consultation, investigation, medical treatment, demand, negotiation, and possible litigation.
- Seeking immediate medical attention is critical for both your health and your injury claim.
- Insurance companies often work hard to minimize what they owe and may try to delay, deny, or devalue your claim.
- A demand letter summarizes your case and sets the tone for negotiations.
- Many claims settle before court, but litigation may be necessary for fair compensation when insurers refuse a fair settlement.
- A personal injury attorney can significantly increase your take-home compensation and handle the entire legal process on your behalf.
Step 1: Getting Medical Care and Legal Guidance
After an accident, your priority should always be your health. Whether you were transported to the emergency room from the accident scene or sought help later from a doctor, that medical documentation becomes critical to your injury claim. Insurance companies often argue that if you delayed treatment, your injuries must not be that serious. Early and consistent care helps protect your health and your case.
Once your condition is stable, the next step is to speak with a personal injury attorney. An initial consultation is your chance to explain what happened and receive guidance on whether your case warrants legal representation.
This conversation should also help you understand what to expect moving forward and how your attorney will handle communication with the insurance company, healthcare providers, and other parties involved.
Step 2: Investigation and Evidence Collection
During the early stages of a personal injury claim, your legal team will launch a detailed investigation. They’ll gather essential facts, including how the accident occurred, who was involved, and who may be legally responsible. In a typical personal injury case, this phase involves reviewing:
- Police reports and witness statements
- Medical records and hospital bills
- Photographs from the scene and of your injuries
- Any available video footage (traffic cameras, surveillance, etc.)
- Information about lost wages and the impact on your livelihood
The evidence collected helps build a strong foundation for your claim. In some cases, your attorney may also consult accident reconstruction specialists, medical professionals, or other expert witnesses to support your position and accurately assess your damages.
Step 3: Continuing Medical Treatment
While your attorney gathers evidence, you’ll likely continue receiving medical treatment. Depending on your injuries, this may involve visits to specialists, chiropractors, physical therapists, or even undergoing surgery.
During this time, it's important to follow your treatment plan closely. Missing appointments or failing to complete recommended care can give the insurance company an excuse to challenge your injury’s severity or value.
Your attorney will monitor your progress and wait until you either complete treatment or reach maximum medical improvement (MMI), the point at which your condition has stabilized, even if you're not fully recovered. At this point, it's possible to accurately calculate your current and future medical expenses, as well as other damages like lost income and pain and suffering.
Step 4: Demand Package and Insurance Negotiations
Once you've completed treatment or reached MMI, your attorney will collect all final medical records and bills, then prepare a formal demand letter. This document outlines the facts of your case, the extent of your injuries, the financial and emotional toll of the incident, and a specific request for compensation. A strong demand letter is more than a summary. It frames your claim and puts pressure on the insurance company to respond appropriately.
The demand package is sent to the at-fault party’s insurer, who typically takes a few weeks to review the documents. They may ask for additional records or clarification. Once the review is complete, the negotiation process begins.
Negotiations can take weeks or even months. Insurers may start with a lowball offer, hoping you'll accept less than your claim is worth. But your attorney should push back with detailed reasoning, leveraging your medical records, bills, lost wages, and other evidence as well as the intent to go to court to support a fair settlement.
Step 5: Reaching a Settlement or Filing a Lawsuit
Many personal injury claims resolve through settlement, especially when liability is clear and damages are well-documented. Settling allows you to avoid the stress, time, and uncertainty of court proceedings. However, when insurance companies refuse to offer fair compensation, filing a lawsuit may become necessary.
Filing suit doesn’t mean your case is headed straight to trial. In fact, most lawsuits still settle before reaching a courtroom. But filing does protect your right to pursue compensation, especially as you approach your state’s statute of limitations.
These deadlines vary from state to state. However, most states provide two or three years to file a personal injury lawsuit. In New Mexico, for example, you have three years from the date the injury occurred to file suit against a person or corporation, and two years if a government agency is involved.
Once a lawsuit is filed, the process includes three main stages: pleadings, discovery, and trial. During pleadings, each side files documents explaining their position. Discovery involves sharing evidence, conducting depositions, and building the case further. And if the case proceeds to trial, both sides present their arguments and evidence before a judge or jury.
Step 6: The Litigation Process
When settlement negotiations stall or break down entirely, litigation becomes the next phase in a personal injury claim. This legal process involves filing a formal complaint with the appropriate court and beginning pre-trial proceedings. While the idea of a lawsuit may sound intimidating, your personal injury lawyer handles the legal burdens so you can focus on healing.
Litigation includes three key phases:
- Pleadings: Your attorney files a complaint detailing how the injury occurred, the damages you’re claiming, and why the defendant is legally responsible. The defendant then files a response, often denying fault or disputing damages.
- Discovery: Both parties exchange information through written questions, requests for documents, and depositions. This phase is often lengthy and can uncover new evidence that supports your claim, such as internal records from the defendant or witness testimony.
- Trial: If the insurance company still refuses you a fair settlement, the case moves to trial. Each side presents arguments and evidence. A judge or jury then decides whether the defendant is liable and, if so, how much compensation should be awarded.
It's worth noting that many cases settle during discovery. For example, in New Mexico, mediation is frequently used as an alternative dispute resolution method before trial begins. This structured negotiation process, often led by a neutral third party, gives both sides a chance to reach an agreement without the cost or stress of a full trial.
Step 7: Finalizing the Settlement or Verdict
If your personal injury attorney secures a settlement agreement before trial or you receive a court award after trial, the next step is finalizing the compensation. Your attorney will review all liens (such as unpaid medical bills or health insurance reimbursements) and negotiate reductions where possible to maximize your net recovery. After that, the funds are disbursed, usually within a few weeks.
This stage also involves signing a release of claims. This document officially ends your case and confirms that you won’t pursue further legal action for the same injury. It’s important to fully understand what you’re signing, and your attorney should explain everything in clear terms if you have any questions or concerns.
What to Expect Throughout the Claim Process
The personal injury claim process isn’t just about the steps; it’s about what happens along the way. Most clients are surprised by how much patience the process requires. Delays in collecting medical records, back-and-forth negotiations with insurance companies, and scheduling conflicts with witnesses can slow things down. Your legal team should keep you informed and involved throughout, so you're never left in the dark.
The length of a personal injury case varies based on several factors:
- Severity of your injuries
- Number of parties involved
- Willingness of the insurance company to negotiate
- Whether liability is disputed
- Whether litigation is required
Most personal injury claims resolve within 6 to 18 months. More complicated cases, like those involving multiple parties, catastrophic injuries, or disputed liability, can take longer. However, rushing the process often leads to lower settlements. Your attorney’s job is to ensure your claim is fully developed before closing the case.
The Role of a Personal Injury Attorney
While you're not legally required to hire a lawyer to file a personal injury claim, having one on your side can significantly impact the outcome. Insurance companies have teams of adjusters and attorneys trained to minimize payouts. Without experienced legal representation, you may accept less than your injury is truly worth, or worse, miss a deadline and lose your right to recover at all.
A personal injury attorney does more than file paperwork or negotiate settlements. They coordinate your medical documentation, analyze legal strategies, review insurance coverage, assess the full scope of your damages, and handle communication with everyone involved. They also protect you from tactics like:
- Quick settlement offers made before the full extent of your injuries is known
- Lowball offers that ignore future treatment or lost wages
- Recorded statements used to shift blame or minimize injuries
Perhaps most importantly, a good attorney brings peace of mind. They lift the burden of the legal process so you can focus on healing and rebuilding your life.
How Gauthier & Maier Law Firm, P.C. Can Help
At Gauthier & Maier Law Firm, P.C., we know how difficult life becomes after a serious injury. Our team has decades of combined experience fighting for accident victims across Albuquerque, Los Lunas, and greater New Mexico. As former insurance defense attorneys, we understand how insurance companies think and operate. We use that insight to your advantage.
Whether you were injured in a car crash, trucking incident, motorcycle accident, or a slip-and-fall, our lawyers will fight fairly but aggressively to obtain maximum compensation for all you've suffered and lost.
We’ve secured millions of dollars for clients, and we are ready to leverage our experience, knowledge, and resources for you, too. We don't back down from tough cases, and we don’t settle for less than what our clients deserve.
Call Our Albuquerque Personal Injury Lawyers for a Free Consultation
From your free initial consultation through every step of the legal process, you’ll work directly with your attorney and our experienced staff members. We take pride in personalized service and success-driven advocacy, backed by local knowledge and a track record of results.
Ready to take the first step? Call our team of Los Lunas and Albuquerque personal injury lawyers at (505) 226-0009 or contact us today to schedule your free case review.