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Personal Injury Basics

What Is a Personal Injury Claim and How Does It Work?

By Jessie Dogan • Dogan Law Firm • New Jersey

A personal injury claim is a legal process where someone who got hurt because of another person's carelessness seeks money to cover their losses. Those losses typically include medical bills, wages from missed work, pain, and the ways the injury has affected daily life. You can learn more about the specific types of damages you can recover.

The Basic Steps

First, you get medical treatment. This is non-negotiable. Your health comes first, but your medical records also become the most important evidence in your case. Without documentation of your injuries from a qualified provider, there's not much to build a claim around. The American Bar Association publishes consumer guides that explain the legal process in plain language if you want a second source.

Next, your attorney investigates. That means gathering police reports, medical records, photographs of the accident scene, witness contact information, and any other evidence. The goal is to build a clear picture of what happened and who was at fault.

Then comes the demand. Your lawyer sends a letter to the insurance company outlining your injuries, your losses, and the amount you're seeking. The insurer usually responds with a lower offer. Back and forth negotiations follow until both sides either reach an agreement or decide that trial is the only way to resolve the dispute. To understand how the other side approaches this, read our piece on how insurance companies handle your claim.

How Long Does It Take?

It depends. A simple rear end collision with clear liability and moderate injuries might settle in six to nine months. A complex case with disputed fault and severe injuries could take two years or more. Anyone who gives you a specific timeline before reviewing your case is guessing.

What It Costs

Most personal injury attorneys, including our firm, work on contingency. You pay nothing upfront. The attorney's fee is a percentage of whatever settlement or verdict you receive. If you don't recover anything, you don't pay legal fees. For help choosing the right firm, see our guide on how to choose a personal injury lawyer.

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