Personal Injury Claim Process

The personal injury claim process can be daunting and confusing for those who do not go through it every day like our personal injury lawyers. Below, we have put together a step-by-step guide to the injury claim process, from your injury to securing a full financial recovery.

The 8 Stages of a Personal injury Claim

Following any injury due to somebody else’s negligence, these are the steps you will follow and where your case will go once you contact a lawyer:

1. Get Medical Attention

While this is obviously necessary to ensure you recover safely, it also has implications for how successful your claim will be. If you wait too long to get medical treatment, the insurance adjuster is likely to tell you that your injuries must have come from something besides the accident you are making a claim for. It is important to document all of your medical bills and keep your medical records organized.

An experienced personal injury lawyer will be able to connect you with qualified healthcare professionals who can help get you back to Maximum Medical Improvement.

2. Consult With an Attorney

If you are prompt in seeking medical care and your injuries are not severe, you may be able to secure a fair settlement without the help of an attorney. However, most of the time you will need an attorney to get you the full compensation you truly deserve. Finding the right personal injury lawyer for you can be difficult, so it is a good idea to talk to several before making a decisions.

A good personal injury lawyer will be honest with you about how much compensation you may be able to recover, and whether or not it is in your best interest to hire them. The small claims court limit is $5,000 in Missouri and $10,000 in Illinois. If your damages exceed those limits, it is always a good idea to hire an attorney.

3. Investigation and Documentation

Your personal injury lawyer will look over your medical records, evidence from the site of the accident and speak to eyewitnesses, expert witnesses to determine who is liable for your injuries. In some cases, such as if a defective car part caused your injuries, the liable party may not be who you initially think. In other cases, there may be more than one liable party, or there may be additional insurance coverage your attorney can find if your damages exceed the policy limits.

During this phase, you should keep detailed records of how your injuries are affecting you. In addition to your medical bills, keep records of any over-the-counter medications or out-of-pocket expenses, the lost wages you have incurred from time off work. You can also keep a journal detailing how your injuries affect you physically and emotionally every day.

4. Settlement Demand and Negotiations

Once your attorney has calculated your total economic damages and non-economic damages, they will send a settlement demand letter to the insurance company. In some cases, the insurance company may accept the demand once they are aware that you have hired an attorney. But most of the time, their offer will be low and your attorney will have to negotiate with them to get you the amount you really deserve.

In most personal injury cases, you and your lawyer will be dealing with the liable party’s insurance company. If there is no insurance company available, your attorney will file a personal injury complaint in civil court, and the court will then serve the defendant with the complaint. The defendant usually has one or two months to hire an attorney and respond.

5. Mediation

If the insurance company and your attorney cannot agree on a fair settlement, they may choose to go to mediation. In mediation, a neutral trier of fact will hear arguments from both sides and try to break the stalemate.

6. File a Lawsuit

If, after mediation, the insurance company will still not give you a fair settlement offer, your attorney will most likely file a lawsuit on your behalf. This begins the process of moving toward a jury trial. Often, the threat of a lawsuit is enough to encourage the other side to be fair. A judge will set a deadline for each stage of the trial. The first stage is filing your complaint, the document that details your allegations against the defendant, after which the liable party will have 30 days to file an answer.

7. Pre-Trial

Your case will then go to the “discovery phase,” wherein both sides will gather testimony and more evidence, and request documentation from the other side as well as from third parties. You and the defendant will both take depositions and be questioned by both lawyers under oath. This is how each side develops their argument for trial.

8. The Trial

If your claim still has not been settled, your attorney will represent you in front of a judge and jury. A trial has six steps:

1. Voir dire, or jury selection
2. Opening statements
3. Testimony and cross-examination
4. Closing arguments
5. Jury instruction
6. Jury deliberation and verdict

In a jury trial, the jury will follow the judge’s instructions to determine a) if the other party is liable for your injuries, and b) the total extent of your damages in a dollar amount.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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