Whether you are represented by an attorney or handling your own claim, this handy resource will help you keep track of your injury claim status.
Use this Injury Case Status Log to follow the typical milestones for a personal injury claim. Of course, each injury claim is unique. Your claim may progress differently.
You have the right to consult a personal injury attorney at any point in the claim process. If you are represented by counsel, always defer to your attorney’s judgment and advice.
Click on the image below to download the PDF Status Log:
Getting Ready for Your Personal Injury Claim
Most injury claims settle out of court. Compensation is usually paid by the at-fault party’s insurance company.
It’s a good idea to think hard about whether you should handle your own claim or hire an attorney. There’s no obligation after receiving a free initial consultation from an injury attorney, so meeting with one to discuss your claim is essentially risk-free.
First, you will notify the at-fault party and their insurance company of your intent to file a personal injury claim. Send your notification letter as soon as possible after the injury. You don’t have to wait until you’ve fully recovered to send your notification letters, and you don’t have to be ready to negotiate a settlement. Update your status sheet with the dates your notification letters are mailed.
Don’t forget, if you were in a car accident you must notify your own insurance company, even if the accident wasn’t your fault.
You should get a written response from the insurance company acknowledging your claim. The company will give you a claim number and the name of the adjuster who will be handling your claim. Update your status log with this information.
If you have an attorney, they will send the necessary letters. So long as you are represented by counsel, the insurance company must leave you alone and communicate with your attorney.
Insurance Claim Settlement Negotiations
When it’s time to negotiate a settlement with your insurance company, you or your attorney will assemble a packet containing a demand letter and copies of bills and records that support your injury claim.
If you’re handling your own claim, you’ll wait until you are fully recovered and have collected all your medical bills and other evidence of damages.
You can calculate the settlement value of your injury claim by totaling your hard costs, like bills and lost wages, then adding a multiple of that amount to account for your pain and suffering. The calculated settlement value is the amount you will ask for in your demand letter.
You or your attorney will typically engage in a few rounds of offers and counter-offers during settlement negotiations with the insurance adjuster. Update your status log worksheet to keep track of the progress.
Filing a Personal Injury Lawsuit
When you’ve suffered significant injuries and negotiations have failed, litigation is the next logical step. By this point, you should have an experienced attorney to handle your injury lawsuit.
Enter your lawsuit information in your claim status worksheet.
Key lawsuit information includes:
- Lawsuit Filed Date
- Case Number
- Court Name and Judge
- Discovery Deadline
- Trial Date and Time
When a lawsuit is filed, the judge will issue a Scheduling Order that sets the trial date and deadlines for each phase of litigation.
The discovery phase of a lawsuit is when both sides are allowed to gather information for the case. Your attorney will conduct discovery by sending document requests to the at-fault party, scheduling depositions, and arranging for expert testimony, among other things.
Injury Claim Settlement Status
Most cases settle out of court, even if you’ve commenced a lawsuit. Whether you went to trial and won, or settled before trial, update the status log with the dates of the last few milestones in resolving your injury claim.
When you and your attorney have reviewed the final release and settlement agreement, you will sign and date the agreement.
Medical liens or workers’ comp liens against your settlement must be paid, usually before you and your attorney are paid. Keep in mind that you or your attorney may be able to negotiate your medical liens down so that you end up keeping more of your settlement money.
Finally, write down the date you get your final settlement check. Add your completed Personal Injury Claim Status Log to your injury claim file and store it with your other important records.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…