How to Prepare for a Personal Injury Claim

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If you’ve been injured or suffered damages as the result of the actions of a third party, it may be possible to file a claim for personal injury. However, as the law for this type of case varies from state to state, and negotiations with insurance companies are likely to be involved, the most important step you can take is to choose the right attorney.

Specialist personal injury lawyers will be able to guide you through a potentially complex and drawn-out process.

What does a personal injury claim cover?

There are many situations covered by ‘personal injury’ – from trips and falls to vehicle accidents or even medical malpractice, and each one will require specific and detailed evidence for a claim to be successful. If you have been involved in a construction accident, it helps to hire a lawyer who is experienced in that particular field. Contact construction accident lawyer Foy & associates if this is the case.

What documentation will my lawyer need?

Examples include formal reports and eye-witness statements, photos of the damage to property, photos of the scene where the incident occurred, photos of physical injuries, and medical records of any treatment required. In addition, they’ll need details of your insurance policies and any claims you, or the defendant, have already filed.

What initial advice will they give me?

An experienced personal injury lawyer will be able to make an initial assessment about the strength of your case, based on the documentation available.

They’ll advise on your chances of success and suggest the optimum strategy. Will the best course of action be to file a lawsuit, to aim to settle out-of-court, or to drop the idea of a claim and try to obtain payment from your own insurer (with the risk of higher premiums in the future)?

What ‘damages’ can be covered in a personal injury claim?

Damages is the term used to describe the financial, physical, or emotional harm you’ve incurred due to the actions of a third party. For example, financial damages after a vehicle accident could include repair bills and rental costs of a replacement car. Damages due to medical malpractice may include the cost of repairing a botched procedure, failure to treat, or loss of earning. All types of personal injury claims may also include a significant component for ‘pain and suffering’.

Levels of compensation vary from state to state, but your attorney will always be negotiating on your behalf to obtain the maximum sum permitted by law.

Do I have to contact the defendant?

Your lawyer will inform the defendant of your claim. If the defendant’s insurer offers to settle, you may decide to accept their offer rather than pursuing court action. Your lawyer will negotiate on your behalf to obtain the highest possible settlement.


When you’ve suffered loss or damage, seeking compensation from the third party who is responsible, via a personal injury claim, is the most logical course of action. However, to be successful and negotiate this complex legal area to obtain the best settlement possible, a specialist personal injury lawyer is essential. Having an expert on your side to fight your case will give you peace of mind as well as the greatest chance of success.

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