The Personal Injury Claim Process

1. 1

   Medical Treatment to MMI

   Duration: Weeks to ~12 months

   Get diagnosed, treated, and reach Maximum Medical Improvement (MMI) — the point where further treatment isn't expected to improve your condition. Settling before MMI almost always undervalues the case because future medical costs aren't yet clear. Document every visit, every prescription, every PT session.

   End state: A complete medical picture with documented permanence (or recovery). Disability ratings finalized for catastrophic cases.
2. 2

   Investigation & Evidence Collection

   Duration: Ongoing, often parallel with treatment

   Police report, witness statements, photos, surveillance footage, traffic-camera footage (often only retained 30-90 days — request fast). Black-box / EDR data from vehicles. Expert review of liability theory. For premises cases: incident reports, prior complaints, maintenance records.

   End state: Liability narrative documented and supported. Key evidence preserved.
3. 3

   Demand Letter & Pre-Suit Negotiation

   Duration: 30-120 days

   Attorney drafts a comprehensive demand letter to the at-fault carrier — full liability narrative, medical records, bills, lost-wage docs, and a specific demand. The carrier typically responds with an opening offer (often 30-50% of demand). Negotiation rounds follow.

   End state: Either settlement (around 60% of cases settle pre-suit) or impasse triggering a lawsuit.
4. 4

   Lawsuit Filing

   Duration: Before the SOL deadline

   If pre-suit negotiation fails or the SOL approaches, your attorney files a complaint in the appropriate court. Service on the defendant follows. Most states give 21-30 days for the defendant to file an answer. Med-mal cases also require an Affidavit of Merit filed with the complaint.

   End state: Case is officially in litigation. Standard contingency fee usually rises from 33⅓% to 40%.
5. 5

   Discovery

   Duration: 6-18 months

   The information-exchange phase: written interrogatories, document requests, requests for admission, and depositions of both parties + key witnesses + experts. The plaintiff's deposition is typically 3-7 hours and is the most important pre-trial event. Settlement-value movement happens around big discovery developments.

   End state: Both sides know the case. Settlement value comes into focus.
6. 6

   Mediation

   Duration: 1-3 sessions over weeks

   A neutral mediator facilitates negotiation. Non-binding — either side can walk. Mandatory in many jurisdictions before trial. About 70-80% of cases that reach mediation settle within 1-3 sessions. The mediator's role is partly to expose each side to the weaknesses in their case.

   End state: Most cases settle here. The remainder proceed to trial-prep or trial.
7. 7

   Trial Preparation

   Duration: 1-3 months pre-trial

   Final witness lists, jury instructions, motions in limine (rulings on evidence admissibility), trial exhibits, expert preparation. Settlements often occur in the final pre-trial weeks as both sides reassess risk.

   End state: Trial-ready file. Many cases settle on the courthouse steps.
8. 8

   Trial

   Duration: 3 days to 4+ weeks

   Jury selection, opening statements, plaintiff's case, defense case, closing arguments, jury deliberation. Less than 5% of filed PI cases actually go to verdict. Verdicts are sometimes higher than the best pre-trial offer — and sometimes much lower or zero.

   End state: Jury verdict. If plaintiff wins, defendant may appeal or pay.
9. 9

   Post-Verdict & Settlement Disbursement

   Duration: 30-180 days

   If settled or verdict reached: settlement release signed, payment to attorney trust account, lien negotiation and resolution (Medicare, Medicaid, ERISA plans, hospital liens), attorney fees and costs deducted, client paid the net.

   End state: Client receives the net settlement check. Case closed.

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