See a Doctor
A key component of most personal injury claims is the injured person's "medical special damages," which just means the amount the claimant spent on medical bills while having their injuries diagnosed and treated. Medical specials are part of the personal injury compensation formula that many insurance companies use to figure out a claimant's total losses. The formula depends on a number of key factors, including the type of medical treatment you receive, and the kind of medical providers from whom you receive that treatment. (On a related note, learn how the nature and extent of your injuries affects the value of your personal injury case.)Consult a Personal Injury Attorney
For anything more than a very minor claim, it's usually a good idea to at least discuss your situation with a personal injury lawyer. You can handle a small personal injury claim yourself (as long as you're comfortable with the process and confident you can get a fair result), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury, or the other side is putting up a fight on key issues. In general, if you are out of work for more than a couple of days, if you break a bone, or if your medical bills total more than a couple of thousand dollars, you should talk to a lawyer, and you might want to meet several of them. Get details on what to ask before hiring a personal injury lawyer.Your Lawyer will Investigate your Claim and Review your Medical Records
One of the first things your lawyer will do is interview you. The lawyer wants to know everything you know about the accident, your injuries, and your medical treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.Next, the lawyer will get all of your medical records and bills relating to the injury and will probably also get your medical records for any treatment you have ever had relating to the condition at issue in the case. This can take months.
Lawyer Considers Making Demand and Negotiating
Many smaller personal injury claims are settled before a lawsuit is ever filed. If the lawyer thinks that the case can be settled, they will make a demand to the other attorney or the other side's insurance company. Learn more about how the settlement negotiation process works in a personal injury case.A good lawyer will not make a demand until the plaintiff has reached a point of maximum medical improvement (MMI). MMI is when the plaintiff has ended all medical treatment and is as recovered as possible. This is because, until the plaintiff has reached MMI, the lawyer does not know how much the case is worth.
The lawyer should also not file a lawsuit until MMI. This is because, if the plaintiff is not at MMI by the time that the case goes to trial, the jury might undervalue the case.
If settlement talks stall or the two sides are two far apart, the case moves into the "litigation" phase.
