Quick answer: A personal injury claim usually moves through these stages: the injury and your treatment, documenting your losses, a demand letter, negotiation, and then either a settlement that ends the dispute or a lawsuit that starts with a complaint. Filing deadlines, called statutes of limitations, can run from the date of the injury, so the clock starts early.
On this page:
- Step 1: The injury and your treatment
- Step 2: Documenting your losses
- Step 3: The demand letter
- Step 4: Negotiation
- Step 5: Settlement and release
- Step 6: A lawsuit, if no agreement is reached
- The deadline clock
- Next steps
Step 1: The injury and your treatment
A claim starts with an event that hurt you and a legal reason someone else is responsible for it, such as negligence, strict liability or an intentional act. If you are not sure what counts, see what personal injury law covers. Your medical care matters twice: it is what helps you recover, and the bills and records it produces become the backbone of the claim. The Legal Information Institute lists medical expenses, lost wages, pain and suffering, mental and emotional distress, household assistance and travel expenses among the losses personal injury damages may include.
Step 2: Documenting your losses
Before anyone can put a number on a claim, the losses have to be written down and supported: what you were billed, what income you lost, and how the injury changed your daily life. Some of these are fixed amounts and some are judgment calls. The Settlement Value Calculator shows how those pieces combine for your state, and the guide on the damages you can recover explains each type.
Step 3: The demand letter
With the losses documented, the next step is usually a demand letter. The Institute describes a demand letter as a letter, usually written by an attorney on the client's behalf, that outlines the dispute and states what is being demanded. Its purpose is to begin a negotiation that may resolve the matter without filing a claim in court. Demand letters usually state the harm the client has suffered and the relief requested, and they create a paper trail. Some state statutes require a demand letter before a claim can be brought. We cover the details in what a demand letter is and what it should include.
Step 4: Negotiation
After the demand, the sides negotiate. The first answer is rarely the last, which is why it helps to understand how to think about a first settlement offer. If direct talks stall, the parties can bring in a neutral third party. In mediation, a neutral mediator helps the sides look for a solution; the mediator does not usually decide the merits, and the process is non-binding, so if no agreement is reached the parties can still pursue their claims.
Step 5: Settlement and release
A settlement is an agreement that ends the dispute and results in the voluntary dismissal of any related litigation. It is normally put in writing as a release, which the Institute describes as usually a voluntary private contract in which one side ends an obligation or gives up a right. Read the release before signing, because it defines what you are giving up. Also remember that the settlement amount may not be what you keep, because attorney fees, costs and possible liens can reduce it. The Attorney Fee Calculator and the guide on medical liens show how that works.
Step 6: A lawsuit, if no agreement is reached
If the sides cannot agree, the injured person can sue. In federal court, a civil action is commenced by filing a complaint with the court, and state courts have their own rules. The complaint sets out the court's power to hear the case, the claim and the relief sought, and the defendant must respond with an answer. Then comes discovery, where the parties gather information before trial using tools such as interrogatories, requests for admission and depositions, which are sworn out-of-court testimony. A case can still settle at any point along the way. For the difference between the two paths, see a personal injury claim versus a lawsuit.
The deadline clock
Every one of these steps happens against a deadline. A statute of limitations is a law that bars claims after a certain period passes after an injury. The period varies by jurisdiction and by type of claim, and it may start on the date of the injury, the date it was discovered, or the date it would have been discovered with reasonable efforts. Because the clock can start on the date of the injury, it is worth checking your state's deadline early with the Statute of Limitations Calculator.
Next steps
If you want a sense of timing, read how long a personal injury case takes to settle. The personal injury calculators cover every state, and our methodology page explains how each figure is verified. For advice on your own case, talk to a licensed attorney in your state.