An Overview of the Process & Legal Terms of Personal Injury...

It's important to have a good understanding of the legal terms and definitions associated with handling a personal injury claim. It'll help you learn the process of obtaining a settlement and help you earn the respect of the insurance adjuster.



Understanding the legal terms and the claims process go hand-in-hand. The good news is that neither is too hard to get a handle on since a lot of it is common sense.

The process of filing your personal injury claim starts the instant the accident happens. If you're reading this for the sake of being prepared for the worst then you're one step ahead of most people. If you're reading this after you've been involved in a car accident (or have been injured in some other way) then you might have some backtracking to do.

The first stage of the process is gathering information - and a lot of it. Now in some cases, unfortunately, this isn't possible because the injuries may be too severe for you to start playing detective. In these cases there will most likely be authorities involved who will do the investigating for you.

The legal terms that guide this stage of the process are causation and liability. Like the first domino that falls these are the things that will inevitably effect everything else that follows up until the time you receive your settlement. These are the things that determine fault and responsibility. From there you're left with little more than a battle of documents and letters.

The first formal steps you’ll have to go through in your insurance claim processing is notifying your own insurance company. This is an obligation you have to fulfill within the first few days following your accident.

Also, if possible, you'll want to notify the other person’s insurance company to let them know that the accident happened. These are letters that, in legal terms, give notice of injury. We’ll look into this step closer later on but it's important to realize from the start that these letters do not mean you have to follow-through with seeking a personal injury settlement. They simply guarantee that everyone who should know about the situation does (and can’t say later on that they were left in the dark).

Later when you know the full extent of the costs you've incurred, which in legal terms are referred to as damages, you'll write a demand letter. The demand letter is just what it sounds like - a demand for compensation - and it will go out to the insurance company your personal injury claim is against.

Technically speaking things can end for you right there. The insurance company can agree to your demand, offer you a settlement, and then you accept.

More likely though there will be some more dialogue and letter writing in which you have to present evidence, witness statements and establish that the party you are filing against has breached their duty of care. You'll also have to confirm all of your claimed damages with documentation from doctors and other places such as your work.

When this is done and over with (a long journey you'll have to be patient for) you will receive an offer you agree with. To accept this personal injury settlement you'll have to sign forms stating you accept. This, in legal terms, is called a release.

There are more details to all of this that we explore in more depth on this website, but in essence that’s all there is: notice of injury, demand letter, presentation of evidence and documentation, negotiation, acceptance and finally signing a release. Of course the last step doesn’t always come so easily and you may have to take a few detours. This could mean (more legal terms): lawsuits, litigation, mediation or arbitration.

Knowing the legal terms and definitions helps you understand the process of obtaining your settlement and tells the insurance company that you understand how the game works - and that puts you in a stronger position when it comes to negotiating.

Still have questions about legal terms and definitions? Click Here.


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