After someone suffers a personal injury, they have the right to seek compensation from the insurance company of the party responsible for the accident. The compensation is to cover all of the economic and non-economic damages caused by the accident. However, the accident victim will need to file a personal injury claim against the insurance company to receive the compensation. It is possible for the accident victim to do this themself, but it is much better if they have an attorney do it for them.

There are many reasons why an attorney is the better option, but the main one is that it is best for the victim if they have an attorney helping them throughout the entire personal injury claim process, starting from the beginning, all the way to the end. Another great reason to hire an attorney for your personal injury claim is that an attorney gives you the best chance of receiving maximum compensation. You can click to learn more about how an attorney can help you.

What is a personal injury claim?

A personal injury case is when the negligent behavior of one party causes harm to another. When that happens, the injured party can file a claim against the at-fault party’s insurance company to pay for any damages caused by the accident. The claim essentially states that you are seeking financial restitution, and once the claim is filed, you can proceed with the rest of the case. The claim can be filed by anyone, but it is best if it is filed by an attorney.

The reason is that personal injury victims should hire an attorney soon after their accident if they want the best chance of getting the compensation they need. The attorney will help them from start to finish and knows all of the legal minutiae and negotiating tactics needed to get their clients the compensation they need. So, a lawyer’s usefulness goes far beyond simply filing the claim.

Will I have to pay the attorney to file the claim?


The answer is no. Personal injury attorneys tend to work on a contingency basis. That means you do not pay them unless your case is successful and you get a settlement award from the insurance company of the at-fault party. If you are successful, your attorney gets a pre-determined percentage of the settlement amount you agreed upon when you hired them and they agreed to take your case. If the case is unsuccessful, then you do not pay them anything. So no matter the outcome of the case, you will not be paying your attorney to file your personal injury claim.

How an Attorney Can Help You

Before helping you file your personal injury claim, your attorney can help you in many different ways, including the following:

  • Evidence Collection – You will need evidence to prove that your personal injury was caused by someone else. You can collect some evidence at the scene, such as taking pictures of the accident scene or getting the contact information of any witnesses. But your attorney can find even more evidence to help you, like surveillance footage, phone records, and police reports. The more evidence you have, the stronger your case.
  • Settlement Calculation – You will need to make sure that the compensation you receive covers all of your expenses. It can be quite a task to do so yourself, but your attorney will collect your various bills and receipts to get an accurate total of how much the accident cost you. They will also be able to calculate your non-economic expenses as well, which is a task that is beyond the average person’s capabilities.
  • Filing on Time – You don’t just need to file your personal injury claim correctly; you need to file it on time as well. The reason is that every state has a statute of limitations that determines when a personal injury claim or lawsuit should be filed. If it is not filed within that time limit, it is invalid.
  • Sending the Demand Letter – Once your attorney has collected all the evidence and calculated your damages, they will put all of that information in a demand letter and send it to the insurance company.
  • Negotiation – The insurance company will likely make a low settlement offer at first. This offer is unlikely to cover all of your expenses, but your attorney will negotiate with the insurance company on your behalf until they offer a reasonable settlement amount,
  • Trial Representation – Most personal injury cases conclude with an out-of-court settlement; however, some cases will go to trial. If that happens, then you will need an experienced attorney to present your case to the judge and jury.

Contact an Attorney If You Need to File a Personal Injury Claim


There are too many ways that an attorney can help you with a personal injury case for you to avoid their services. Those ways go far beyond filing the personal injury claim because that is just the beginning of the help they can give you. An attorney can strengthen your case and give you the best possible chance of getting the compensation you deserve.

They can do more for you than you can do for yourself since they have the legal knowledge to carry you through the entire process. That way you can focus on healing from your personal injury instead of worrying about what you need to do to cover the expenses caused by the injury. And since personal injury attorneys usually offer free consultations and work on a contingency basis, there is no risk and a lot of potential reward for using their services. So if you want to file a personal injury claim, contact an attorney as soon as possible.