What to Expect During the Claims Process

A personal injury claim is a structured process — not a mystery. Knowing the stages, and roughly how long each one takes, lets you make decisions instead of reacting to them.

Stage 1 — Investigation and intake (Weeks 1–4)

Your attorney gathers the police report, scene photographs, witness statements, dashcam footage, and any available surveillance. Spoliation letters go out to preserve evidence; medical records and bills are requested from every provider.

Stage 2 — Medical treatment and recovery

We do not value a case until you reach maximum medical improvement (MMI) — the point at which further treatment will not meaningfully change your prognosis. Settling earlier means settling against an unknown future cost, which almost always favors the carrier.

Stage 3 — Demand and negotiation

Once MMI is reached, your attorney prepares a demand package that documents liability, damages, future medical needs, lost earning capacity, and non-economic harms. The carrier responds; structured negotiation follows. Most claims resolve in this phase.

Stage 4 — Litigation, if necessary

If the carrier refuses to value the case fairly, suit is filed. Discovery, depositions, and expert disclosures follow. The vast majority of filed cases still settle — often during mediation — but the credible threat of trial is what moves numbers.

Trial-ready from day one Carriers track which firms try cases and which firms only settle them. Building every file as if it will go to a jury is what produces the leverage that drives larger settlements — even when trial never happens.

Stage 5 — Resolution and disbursement

On settlement or verdict, funds are deposited into the firm's trust account. Outstanding medical liens are negotiated down (often substantially), the contingent fee and case costs are deducted, and the balance is disbursed to you with a written accounting.