What To Know About The Personal Injury Claim Process

If you get injured in an accident due to someone else’s negligence, the whole personal injury claim process begins. For many people, this process can be very confusing. The personal injury claim process almost always follows a logical and predictable path. The steps taken are fairly straightforward and easy to understand, once explained. Knowing the basics about the personal injury claim process will greatly benefit you. Here, the Law Offices of P. Kent Eichelzer III break down each step of the process of a personal injury claim. Let us know what you think and be sure to give us a call today to handle your process and claim. Our office of Woodstock personal injury lawyers is happy to help!

The Personal Injury Claim Process

Finding & Hiring An Attorney

There is no legal requirement for you to have an attorney handle your personal injury case. However, hiring a professional and experienced lawyer is in your best interest. If you have suffered a serious personal injury, hiring Kent Eichelzer can help you receive larger settlements on average and have less stress to deal with. Additionally, have the upper hand over the process since you’ll have a knowledgeable professional lawyer working on your behalf. Start by searching “Woodstock personal injury lawyers” on Google and find a local lawyer that will fit your needs. Once you find a Woodstock injury lawyer, hire them to start working on your personal injury claim process.

Understanding The Basics

According to O.C.G.A. § 9-3-33, people typically have two years to file a lawsuit for most personal injury cases. That time starts from the date your legal claim occurs. For most personal injury claims, this will be the date on which you were hurt since your personal injuries should be apparent at the scene of the crash.

Filing A Complaint

If you decide to hire a personal injury attorney like Kent Eichelzer, our law office will handle all communications with the insurance company. If you decide to handle your claim without an attorney, letters and calls from the insurance company will come directly to you. As soon as possible after your get hurt, send a notification letter to the at-fault party and their insurer to let them know you intend to file a claim. The insurance company will then assign a claims adjuster to manage the claim.

Gathering Evidence – “Discovery”

In the pre-trial process, lawyers will ask each other for evidence and witness information in the step called “discovery”. Discovery is basically finding out information about the case. This is an important part of any legal process. During discovery, both the defendant’s and the plaintiff’s attorneys will gather evidence, investigate the claim, speak to witnesses, and question the parties involved. This questioning is known as a “deposition”. Both attorneys will additionally begin to gather medical bills, records, police reports, wage information, and insurance reports. All this information helps to form a clear picture of what really happened and to help quantify the amount the plaintiff is owed.


The settlement is an agreement between both parties to end the case before going to trial. Most commonly, the plaintiff agrees to drop the lawsuit in exchange for compensation. Once both parties have come to an agreement, it’s put into writing and the settlement is finalized. This information is then reviewed by the court and becomes a legally binding contract. When it comes to personal injury cases, 95% of cases are typically settled before trial. This is usually done through a step called “mediation”.


If your personal injury case does end up going to trial, expect a good amount of time and money to be allocated to the trial. This is why a majority of cases settle beforehand. It usually benefits both sides—saving time, money, and getting the plaintiff a check sooner. Once going to trial, the court will hear from both parties before a judge or jury makes a decision. Either they will decide that the defendant is liable for the plaintiff’s injuries and how much they owe, or they’ll decide that the defendant is not liable and dismiss the case.

Once the judgment is settled, either side has a limited amount of time to decide if they will accept the decision or they will file an appeal. Once this period has expired, the personal injury claim process is over.

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Need A Woodstock Injury Lawyer? Call Us Today!

If you are seeking an attorney for a personal injury case, we can help! Personal injury cases need to be handled delicately and by a professional, let the Law Offices of P. Kent Eichelzer III help you today. We have offices convenient to Woodstock, GA and Marietta, GA. Don’t wait another minute; contact us today to set up a free consultation.

CALL TODAY! 678-824-4455