The Personal Injury Claim Process in 7 Steps

Recovering from a car accident, slip and fall, or other serious incident can take weeks, months, or longer. That’s why many injured people pursue compensation through a claim. Every situation is different, but most cases work similarly through the stages of personal injury lawsuits.

The personal injury claim process starts with seeking medical care and legal help, then filing a complaint, collecting evidence, and finally, negotiating. A personal injury claim can take months to settle, depending on the complexity of the case and whether it goes to trial or is resolved out of court. Going to trial adds many steps to a personal injury lawsuit that can extend this timeline.

While our attorneys will keep you informed during your legal journey, we find that clients who understand the basic process set more realistic expectations for the claim timeline. They also become more involved participants, which makes the entire experience favorable.

Your health is a top priority. Before filing a car accident or other personal injury complaint, seek medical care right away. This gets your condition on record and ensures you receive the treatment you need to begin your recovery.

Be prepared to attend all of your treatments, take medications as prescribed, and follow your doctor’s instructions throughout the entire personal injury claims process. Failing to do so can give the other party leverage to claim you’re not actually injured or that you’re not trying to improve your condition.

The personal injury claim process really begins when you contact our law office. If our attorneys are in court, you may speak to one of our highly experienced paralegals first, but we operate as one unified team. We’ll discuss the incident to understand the basics of the case and appoint an attorney experienced in that practice area.

If we confirm you have a personal injury claim that we can help with, we’ll ask you to sign a contract to hire our team. We review all paperwork with you before you sign, and we never proceed without your written consent. Next, we begin by instructing the insurance companies to leave you alone and deal with us.

What Our Law Firm Handles

We’ll let you know if any part of your claim doesn’t require an attorney. For example, if you can handle a property damage claim without us, we’ll answer your questions about those aspects and leave it to you if you choose. This can often save you money, and it allows us to focus on areas where we’re needed most.

This is one of the optional stages of a personal injury lawsuit. If an at-fault party makes it clear they won’t settle, we’ll move quickly to the Complaint phase. If they seem willing to resolve the claim, we’ll work through the demand package, which can often result in a resolution and save you the time of trial.

This stage can take a while depending on the complexity of the case and the severity of your injuries, because we don’t proceed until your treatment is complete. During this time, our team will continue to investigate the incident by reviewing surveillance footage, speaking to witnesses, and gathering evidence on the at-fault party. When ready, we’ll create a demand package to encourage the other party to settle. This package includes a collection of documents and evidence plus the damages you’re seeking.

This is the point at which most personal injury cases settle, especially if there is compelling evidence of wrongdoing on the part of the defendant. When the other party doesn’t offer an adequate compensation, we’ll move on to file a Complaint and initiate a lawsuit.

If the other party refuses to settle, we move quickly to the next step: filing a Complaint. Our team will help you evaluate these choices and then create this document. The Complaint explains why you’re suing and the compensatory damages you’re seeking.

Next, the defendant is served the Complaint through steps called “service of process.” This proves the defendant has had proper notice of the lawsuit. In North Carolina, you can’t serve the defendant yourself—but several legal options exist, and we’ll help you navigate these choices.

Once they receive the Complaint, the defendant has 30 days to respond. They can ask the clerk of court for an extra 30 days if needed, so it’s safe to assume at least 60 days between these steps for North Carolina personal injury claims.

Once a party is served a Complaint, both sides begin Discovery, an evidence-sharing phase handled through their legal teams. This stage of a personal injury lawsuit can take between three and five months, depending on the extent of information and everyone’s cooperation. Our attorneys gather information through several methods, including:

• Interrogatories: Formal, written questions the other party must answer
• Requests for Production: An official request that acts as a tool to obtain documents, electronically stored information (ESI), and other relevant items, such as property or physical evidence, that may be inspected, sampled, or copied
• Depositions: Question-and-answer sessions between your attorney and the other party, eyewitnesses, or experts, conducted under oath in front of a court reporter

North Carolina requires most personal injury cases filed in Superior Court to undergo mediation before trial. The parties meet with a neutral mediator to see if they can settle the case and avoid a lengthy trial. We’ll help you prepare for mediation, which can take hours or days depending on the complexity of your case. If the claim isn’t resolved, both parties agree to a trial date (or the courts appoint one) and begin to prepare for court.

After Discovery, both parties may file Motions. These are procedural processes to compel responses to any unanswered or unsupplied documents, and to discuss or extend deadlines. With all information available, a judge may issue a summary judgment, meaning there’s no factual dispute and the incident may be ruled on and resolved—or the claim can continue to trial.

We understand these procedures aren’t familiar to everyone. That’s why Miller Law Group walks with you every step of the way. Whether your personal injury claim settles early or proceeds to trial, understanding the basic stages of a lawsuit can help you know what to expect. If you have questions about an injury claim or are ready to begin the process, please reach out to our attorneys today.