Understanding the Personal Injury Claim Process

Understanding the personal injury claim process can be challenging. It can be time-consuming and complicated, leaving you needing help to keep pace with the insurer and their demands. Some insurers may even resort to strong-arm tactics designed to intimidate you and get you to settle for less than your claim is worth. How do you protect yourself and recover the money you deserve?

At JJ Legal, we can help you understand the personal injury claim process. When you know what to expect and what’s ahead, you are better prepared to meet the challenges of working through the claim process and advocating for what’s right.

Consulting a Personal Injury Attorney

You may not have begun filing a personal injury claim yet. So, why would you consider consulting a personal injury lawyer?

Personal injury attorneys don’t only file lawsuits. They can help you navigate the claim process, manage communication between you and the insurer, and negotiate for maximum compensation on your behalf.

The insurance company is not your friend and will not look out for you during the claim process. Insurers must settle accident claims efficiently and cheaply to keep profit margins high. Some companies resort to bullying and strong-arm tactics that can intimidate vulnerable accident victims, convincing them they should settle for much less than what their claim is worth.

Step one in any personal injury claim process should be to talk with an experienced personal injury lawyer so you can understand your rights. They’ll also discuss which legal options are available to you for pursuing the compensation you deserve and which are most likely to succeed.

Notifying the Insurer and Filing a Claim

The first step in the personal injury claim process is notifying your insurer and the at-fault party’s insurance company about the incident so they can open a claim. When you have an attorney, your attorney will initiate contact with the at-fault party and their insurer, work to get the claim open, and handle everything to do with the claim.

Many insurers ask you to provide an official or recorded statement. Offering this statement without legal assistance could jeopardize your claim. Insurers may ask questions designed to get you to make statements that sound like admissions of fault. They can use your words against you, and any missing detail, misstatement, or accidental omission can help them deny or devalue your claim, costing you some of the compensation you deserve.


Having an attorney on your side right away is beneficial because they can immediately mount an investigation into the cause of the accident. During this investigation, your legal team can gather and preserve evidence, especially evidence that may require legal intervention to obtain, such as cellular phone records or the black box data from a truck. Evidence that may be essential to your claim can include:

  • Medical records
  • Police report
  • Photographs and videos of the scene
  • Video surveillance
  • Dashcam footage
  • Cell phone records
  • Black box data
  • Witness statements
  • Expert witness testimony

Medical Care and Treatment

 Seeking medical attention immediately after an accident is vital to your health and can significantly impact your personal injury claim. Additionally, your follow-up treatment can play a crucial role in helping your attorney assess the value of your claim and build a solid claim.

Always follow the treatment advice of your physician. Keep follow-up appointments and take all medications as prescribed. Failing to stick to your treatment plan can affect your case, as it could appear to the insurer that you are not seriously injured and may not deserve the compensation you demand.

Demand Letter

Once your attorney completes their investigation and gathers the documentation they need to calculate the value of your claim, they can issue a demand letter. The demand letter includes information about how the accident occurred, who appears to be liable for the accident, and a demand for settlement outlining the value of your claim. The settlement demand includes amounts of compensation for your medical bills, lost wages, and pain and suffering.

The insurer reviews the contents of the demand letter and evaluates the evidence and claims presented by your attorney.


Insurers are not in the business of parting with their profits. The insurer often reviews your attorney’s demand and returns a settlement offer. Your attorney can review the insurer’s offer and determine whether the settlement offer is fair or whether further negotiation is necessary. There may be some back and forth during this time as the insurer and your attorney submit counteroffers and counterdemands for consideration.


Sometimes, insurers are unwilling to negotiate in good faith. If a settlement offer is unacceptable or negotiations stall, it may be necessary for your attorney to prepare and file a personal injury lawsuit. Working with an attorney early in the claim process is vital because your attorney understands that litigation is always a possibility and can manage the strict legal deadlines that apply to your case, keeping all legal avenues open to you.

Personal Injury Claims We Handle

Understanding the Personal Injury Claim Process

At JJ Legal, our legal team is well-versed in handling various personal injury claims. We have the knowledge and experience to fight for you and help you recover the money you deserve following an accident caused by a careless individual or entity. Some of the personal injury claims we handle include:

When someone else’s careless actions cause an accident that injures you, we are ready to stand by your side, protecting your rights and helping you navigate the personal injury claim process. You don’t have to go head-to-head with an insurance company alone. Our personal injury team can help.

Contact Our Experienced Personal Injury Lawyers Today for More Information

At JJ Legal, our respected personal injury lawyers have an extensive track record of helping accident victims recover the compensation they deserve following an accident. We understand how exhausting and frustrating it can be to have to deal with the personal injury claim process when you’re hurt.

Let our team do the heavy lifting for you. Call our office at 312-200-2000 today to arrange for a free legal consultation.

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