How Does A Personal Injury Claim Work?

September 1, 2025

Life has a way of shifting unexpectedly. One moment you’re going about your day, and the next, you’re dealing with the aftermath of an accident: pain, medical bills, and confusion about what to do next.

How does a personal injury claim work? This is a question many people ask when they’ve been hurt due to someone else’s negligence, but the process can feel overwhelming.

In this article, we’ll take you through the entire process of filing a personal injury claim. If you have suffered a slip and fall, been involved in a car accident, or faced any other injury caused by someone else’s actions, this is the first step toward recovery.

The Basics of Personal Injury Claims

A personal injury claim is a legal action taken when someone is injured due to another party’s negligence or wrongdoing. The goal is to obtain compensation for the damages caused by the injury. This compensation can cover medical expenses, lost wages, emotional distress, pain and suffering, and even future medical costs if long-term care is required.

Personal injury claims arise in a wide variety of circumstances, including car accidents, catastrophic injury, medical malpractice, and workplace injuries. However, they all share one key feature: the victim’s injury must have been caused by the carelessness or wrongful actions of another.

Setting the Foundation for Your Claim

The first step in any personal injury claim is to consult with an attorney. A Georgia personal injury lawyer will review your case and determine whether you have a valid claim. This consultation gives you the opportunity to ask questions about the process and discuss the potential outcomes.

During this meeting, your lawyer will ask you about the details of the accident, your injuries, and any other relevant information. This is your chance to provide all the facts, as the more details your lawyer has, the stronger your case will be.

Be honest and thorough, as your attorney will use this information to assess the viability of your claim and decide the best course of action.

Investigation and Evidence Gathering

Once you decide to move forward with your claim, the next step is for your attorney to investigate the incident thoroughly. This process involves collecting evidence to support your case, including accident reports, medical records, witness statements, and any available video footage. If necessary, the lawyer may also hire experts to analyze the situation.

The goal of this investigation is to establish that the other party is legally responsible for your injuries. Without solid evidence, it can be difficult to prove negligence. In some cases, gathering evidence may take time, especially if the incident involved multiple parties or unclear liability.

Filing the Claim and Sending the Demand Letter

Once the evidence has been gathered and the claim is ready, your attorney will file the claim with the responsible party’s insurance company. In many cases, this involves sending a formal demand letter outlining the details of your injuries, the negligence involved, and the compensation you are seeking.

The demand letter serves as the initial formal request for compensation. It provides the insurance company with all the information they need to review the claim.

At this stage, the insurance company will evaluate the details and either offer a settlement or deny the claim. Many claims are resolved during this negotiation phase, so it’s important to have a skilled attorney by your side to advocate for a fair settlement.

Negotiating with Insurance Companies

Insurance companies are often focused on minimizing payouts, which is why negotiation is an important part of the process. When dealing with an insurance adjuster, the first offer is rarely the final one. Having an experienced Atlanta personal injury lawyer can make a significant difference in the outcome.

Your lawyer will negotiate with the insurance company on your behalf, ensuring that the offer you receive reflects the full extent of your damages. Sometimes, negotiations take longer than expected, as the insurance company may make multiple offers before agreeing on a settlement.

When Should You Consider Filing a Lawsuit?

In some cases, negotiations may stall, and the insurance company may refuse to offer a fair settlement. If this happens, your attorney may recommend filing a lawsuit. Although most personal injury claims are settled outside of court, a lawsuit becomes necessary if the insurance company is unwilling to reach a reasonable agreement.

Filing a lawsuit involves formally taking the case to court, where a judge or jury will determine liability and the amount of compensation.

This step can be time-consuming and costly, but in some cases, it is the only way to get the compensation they deserve. An experienced personal injury lawyer will guide you through the litigation process and represent your interests in court.

How Long Does the Process Take?

One of the most common questions people have when pursuing a personal injury claim is how long the process will take. The timeline can vary depending on the complexity of the case, the severity of the injuries, and how cooperative the insurance company is.

For simple cases, a settlement can be reached in a matter of months, especially if the liability is clear. However, more complicated cases involving serious injuries or disputed liability can take much longer, potentially over a year.

It’s important to have realistic expectations and to trust your lawyer to guide you through the process efficiently. The goal is always to secure a fair settlement or court judgment, even if it takes time.

The Compensation You May Receive

The compensation you can expect from a personal injury claim can vary depending on the extent of your injuries, the impact on your life, and the liability of the responsible party. The two primary types of compensation are economic damages and non-economic damages.

• Economic Damages: These refer to measurable financial losses resulting from the accident, including lost wages, medical costs, and property damage. If you’re unable to work due to your injuries, you may also be entitled to compensation for lost future income.
• Non-Economic Damages: While these damages are not easily quantifiable, they matter just as much as economic damages, if not more. They include emotional distress, pain and suffering, and loss of enjoyment of life. A skilled attorney will ensure that these damages are properly evaluated and included in your claim.

Why You Need an Experienced Personal Injury Lawyer

Dealing with a personal injury claim can be complicated and overwhelming, especially if you’re dealing with the aftermath of serious injuries. Having an experienced personal injury lawyer on your side can be vastly resourceful.

A skilled attorney understands the legal nuances, knows how to handle insurance companies, and has the resources to fight for the maximum compensation you deserve.

At Henningsen Injury Attorneys, we understand how overwhelming dealing with the aftermath of a personal injury can be. Our personal injury lawyers in Georgia have decades of experience helping clients deal with the personal injury claims process.

As a local practice, we have a deep understanding of the nuances of Georgia personal injury law. Over the decades, we have established a reputation for making multi-million dollar recoveries for our clients.

The best part is that we work on a no-fee unless we win basis, so you don’t have to worry about upfront costs. Our priority is achieving the best possible outcome for you.

We take a client-centric approach to every case, where your needs come first, offering the support and guidance you deserve during this challenging time.

Your Stress-Free Solution to Personal Injury Claims

Working your way through the personal injury claim process can be a challenge, but with the right attorney, you can secure the compensation you deserve. We understand the stress that comes with personal injuries and the importance of getting fair compensation for your losses.

If you’ve been injured due to someone else’s negligence, contact us today to schedule a free case consultation. We’re here to help you every step of the way.