The Ultimate Guide to Navigating the Personal Injury Claim Process

From Filing to Winning Your Case

Man reclines on couch with bandaged foot elevated, on the phone with a personal injury lawyer from Helland Law.

If you or a loved one are the millions of victims of a vehicle-related injury, you might be wondering about how you are going to pay for your medical bills. You might be asking yourself questions like, “What are the steps in a personal injury lawsuit?” This article will help you understand each step in the process of a personal injury claim and litigation process so that you can obtain compensation that you deserve for your injuries!

According to the National Safety Council, the United States saw 5.4 million medically-consulted injuries related to motor vehicles in 2021, totaling nearly $500 billion in costs which “include wage and productivity losses, medical expenses, administrative expenses, motor-vehicle property damage, and employer costs.” 

If you’ve been injured due to someone else’s negligence, you’re probably also wondering about how much compensation that you might receive to help you recover. We go into more detail about average pain and suffering settlements in another blog article we wrote titled, "Typical Pain & Suffering Awards."

Claim Process | How Long Does it Take to Settle a Personal Injury Claim?

Key Takeaways on the Personal Injury Claim Process

Before we get into all the finer details, let’s define a personal injury claim. A personal injury claim is a process whereby the injured party, or plaintiff, seeks compensation from the at-fault party, or defendant.

 

When you suffer injuries due to someone else's negligence, it's also important to get a sense of the steps involved in seeking compensation for your damages. The very first step is to seek medical treatment for your injuries. Soon after, you should consult a personal injury attorney who specializes in handling such cases. They will guide you through the entire process and ensure that your rights are protected.

 

The next step is the investigation process, where both parties exchange information and evidence related to the case. This includes gathering medical records, witness statements, and any other relevant documents that support your claim. Your attorney will assist you in compiling this information and presenting it effectively.

 

Once the investigation process is complete, negotiations for a settlement will begin. Your attorney will work with the insurance companies or the opposing party to reach a fair compensation amount for your injuries and damages. They will advocate on your behalf and ensure that you receive the maximum compensation to cover the costs incurred by your accident.


If a settlement cannot be reached, your case may proceed to trial. Your attorney will represent you in court, presenting the evidence and arguments to the jury. Here again, they will fight for your rights and seek the maximum compensation possible. Throughout the personal injury litigation process, your personal injury attorney will provide you with the necessary guidance and support. They will handle the legal complexities, allowing you to focus on your recovery and well-being.

Consulting with a Personal Injury Attorney

If you have been injured because of someone else’s negligence, the very first step is to seek medical treatment for your injuries. After receiving medical treatment, your next step should be to meet with an experienced personal injury attorney to assess the merits of your claim. If, however, you skip out on seeking medical treatment for whatever reason we will strongly advise you to reconsider before moving on to the next steps.

If you have been injured because of someone else’s negligence, the very first step is to seek medical treatment for your injuries. After receiving medical treatment, your next step should be to meet with an experienced personal injury attorney to assess the merits of your claim. If, however, you skip out on seeking medical treatment for whatever reason we will strongly advise you to reconsider before moving on to the next steps.

 

Typically, our clients have already been through some form of medical treatment when they bring their case to us. Again, our first step is ensuring that our clients get the medical treatment they need to restore their health as close as possible to how it was before their accident. However, there are cases where that’s simply not possible depending on the severity of the injuries.

 

At Helland Law Group, our attorneys will not simply pass you off on a paralegal but rather will work personally with you towards securing compensation for the damages that you have suffered.

During your free personal injury consultation, it is best to come prepared so that we can adequately address your questions and concerns. We recommend that you try to bring the following items with you:

  1. Photographs and other factual info regarding the accident
  2. Contact information for all parties and witnesses
  3. Insurance information for you and anyone else involved
  4. Medical records in your possession
  5. Names and contact info for all medical professionals that you sought treatment from
  6. Any accident or police reports in your possession

Not only do we offer free personal injury consultations, but we also handle most personal injury claims at Helland on what’s known as a contingency fee, meaning that we are only paid if we succeed in recovering damages for you. Contingency fees typically range from 33-40% of the total amount recovered, with fees being higher the more complex or difficult a case may be. Here at Helland, we are happy to cover your legal costs until you receive the maximum compensation that you deserve so that you can focus on healing from any injuries and get back to living your life as soon as possible.

The Personal Injury Claim Settlement Process

Did you know that the majority of personal injury claims are settled before filing a lawsuit? This means that the personal injury claim settlement process rarely entails a courtroom trial. Where do a majority of these cases get settled? During the negotiation phase.

 

In the negotiation phase of your personal injury claim settlement process, your attorney will attempt to resolve the case by negotiating compensation with the defendant or at-fault party’s insurance company. Typically, the insurance company will make a settlement offer. If you feel that their offer is fair then you can simply accept it, take the payment, and walk away. Your attorney is crucial in helping you make an informed decision about accepting or rejecting their offer, assessing whether it is sufficient compensation for the costs incurred as a result of your injury.

 

If a resolution cannot be reached, the next step is litigation.

The Personal Injury Lawsuit Process

If you chose to pursue personal injury litigation, your attorney will file a lawsuit in court and present your case before a jury. At trial, a jury will hear the evidence presented and make a decision on liability and the amount of damages to be awarded. The personal injury lawsuit timeline can take months or even years depending on the complexity of your personal injury case.

 

It's important to understand that the personal injury lawsuit process can be a complex and time-consuming process. Consulting with an experienced attorney who specializes in personal injury cases can provide guidance and support throughout the process. They can help ensure that you meet all necessary deadlines and navigate the various stages of a personal injury claim.

 

It is also important to note that litigation should be pursued within the time limits set by the law, so it's crucial to act promptly. The statute of limitations for personal injury claims in Washington state is three years. However, a statute of limitation is not the only deadline you will have to meet so the sooner you file your claim, the better.

 

The Discovery and Complaint Stages Of A Personal Injury Claim

To begin the personal injury litigation process, your attorney will investigate the incident that caused your injuries. This is known as the “discovery” phase. The discovery phase of the personal injury claim process is crucial, as it allows both parties to exchange information and gather evidence. Your attorney will send interrogatories and requests for documents to the defendant, and may also consult with medical experts to gain a deeper understanding of your injuries, prognosis, and the long-term effects they may have on your life. These medical experts, as well as accident reconstruction experts, can provide valuable insights that strengthen your case. Your attorney will also help you gather and organize all relevant medical records, including doctor's notes, test results, and invoices. These records will serve as crucial evidence to support your claim and demonstrate the extent of your injuries.

 

To maximize your settlement your personal injury lawyer will review all documents related to the case such as:

  • medical bills
  • car repair estimates and bills
  • crash site photographs

Your lawyer will also help asses:

  • lost wages due to missed work
  • pain and suffering
  • emotional distress

If there are additional parties who should be held liable for the accident, your lawyer can help ensure that these individuals are held responsible as well. Those could include:

  • negligent drivers
  • manufacturers
  • mechanics

Your attorney will also take steps to ensure that all evidence is collected properly. This includes obtaining photographs of the scene of the accident as well as collecting statements from witnesses, sorting through medical records and police reports, and hiring an accident investigation team or accident reconstructionist if necessary. All of this information is necessary in order to prove liability in court or arbitration hearings and get you the settlement you deserve for your injuries – especially if they are permanent or life-altering.

The next step your attorney will take is to prepare a comprehensive “complaint” that clearly outlines your damages and supports your claim for a fair settlement. Your demand package will include a detailed account of your injuries, medical expenses, lost wages, and any other damages you have suffered as a result of the accident. This documentation should be clear, concise, and provide any relevant evidence to support your claim and help you receive the compensation you deserve.

 

Complaints are typically filed in the county where the at-fault party (defendant) lives or where the injury took place. The defendant must then respond, or “answer”, the complaint within a determined period of time. In their answer the defendant either accepts or denies that they are at fault for your injury.

Trial and Judgment: Fighting for Your Case

If your personal injury case goes to trial, your lawyer will present the evidence gathered in the discovery phase to convince the jury of the extent of your injuries, that the defendant is legally responsible for your injuries, and that you deserve the maximum compensation possible as a result of your injuries. The defendant’s lawyer will present the exact opposite argument. The jury will hear evidence presented from both sides and make a decision on the defendant’s liability and the amount of compensation to be awarded to you. However, if a jury should come back with a dollar amount that is abnormally high, a judge may see fit to reduce that compensation. Or, the defendants could file a notice of appeal to the Washington Court of Appeals.

Washington State has some of the most comprehensive car accident laws in the country, making a good personal injury lawyer essential in winning at a personal injury trial. If you are in need of legal counsel for a car accident or other personal injury claims like construction injuries, truck accidents, and motorcycle accidents there is no one who will take better care of you and fight for your right to compensation than we will here at Helland Law Group. And if there is one thing we know from over fifty years of experience, it’s that the sooner you reach out to a lawyer the greater your chances are to achieve the best possible outcome for you or a loved one. So please do not hesitate to fill out a consultation form or give us a call at 253-572-2684.

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Questions about The Ultimate Guide to Navigating the Personal Injury Claim Process? Ask Slater.

What Is the Statute of Limitations for Filing a Personal Injury Claim?▾

Every state in the US has its own statute of limitations for a variety of laws. This is essentially a deadline for filing a claim, in this case, a personal injury claim. The statute of limitations for personal injury claims in Washington state is three years. However, a statute of limitation is not the only deadline you will have to meet so the sooner you file your claim, the better.

Can I Switch Attorneys During the Personal Injury Litigation Process?▾

Yes, you can switch attorneys during the personal injury claim process. If you feel your current attorney is not meeting your needs, consult with another attorney to ensure you have the best representation for your case. At Helland Law Group we will fight for your right to receive the maximum compensation to cover the costs incurred from your injuries! If you feel your needs are not being met by your current attorney fill out a consultation form or give us a call at 253-572-2684.

How Long Do Personal Injury Claims Typically Take to Resolve?▾

The personal injury lawsuit timeline is highly variable. Typically, these cases take several months to a few years to resolve. The duration depends on various factors, including the complexity of the case negotiations, and whether it goes to trial. If there is a high degree of certainty as to the long term impacts of the injury, especially if it is a minor injury, the case can be settled quickly. On the other end of the spectrum, severe injuries with ongoing, intensive treatment and a lower degree of certainty as to the long term impacts often lead to cases that could take months or years to settle.

Can I File a Personal Injury Claim if I Was Partially at Fault for the Accident?▾

Yes, you can file a personal injury claim even if you were partially at fault for the accident. It's important to consult with an attorney to understand your rights and the potential impact on your case.

What Types of Compensation Can I Receive in a Personal Injury Claim?▾

In a personal injury claim, you can receive compensation for various damages, including medical expenses, lost wages, pain and suffering, and vehicle property damage. A skilled attorney can help you maximize your compensation.