Injury Claims

The Personal Injury Process Explained

Justin Macfayden, JD
Law and Claims Analyst

When you’ve been injured and you are owed money for your injuries, getting paid for those injuries can be complicated. We have broken the personal injury process down in to an easy 6 steps. Depending on how severe your injuries are, your claim may be slightly different, however most personal injuries claims will follow this path.  

Personal Injury Process Overview

The claims settlement process involves these 6 steps:


There are steps that an individual can take to reduce the risk of an incident or mitigate the damage that could be done in the event of an incident. By proactively preparing for an accident beforehand, you can reduce your risk of an incident, or reduce the impact that a claim might have. The best claim is no claim at all. Read these articles to find out how you can prepare for an accident before you experience one.  


In this context, an accident can mean a motor vehicle accident or a slip and fall incident. This is where your claim truly begins, so it is important to remain calm and to collect as much evidence as possible. Understandably, it can be difficult to collect photos and information at the scene of an accident, especially if you're injured. However, it will be much harder to collect evidence after the accident if there are any disputes around the facts.  

Read these articles to find out how you can best prepare yourself for what to do at the scene of an accident


Step three involves letting the relevant insurer(s) know that an incident has occurred, what info should or should not be shared, when the appropriate time is to contact the insurers, and how to provide a Notice of Loss. There may be a time limit to let your insurer know about an accident, so be sure to let them know soon after an injury.  

At this stage, injuries may not have emerged, or may be poorly understood, and it will generally be unreasonably early to start providing values for a Painworth assessment as there are simply too many unknowns. That said, it is important to open a dialogue between the two sides, setting up a trusted and collaborative relationship between the adjuster(s), claimant(s), and any other involved parties or advocates (attorneys for example).  

Read these articles to find out how and when to communicate with responsible insurers after you’ve been injured:


This is where we shine :) We use calculators specially designed to discover damages many people overlook. In 10 minutes, you can answer some simple questions about your injury, and we will instantly generate an assessment for what your claim could be worth if you settled today.  

Read these articles to find out how you can calculate your claim value:


You can negotiate a settlement, or settle via the escalation methods below, by self-representing your claim, or by retaining a Personal Injury Attorney (PIA).

Most claims can be settled without escalation, however, some claims (Generally the more complex, higher value cases) must be escalated to settle. The paths to settlement via escalation may include litigation (lawsuit in court) or ADR (Alternate Dispute Resolution) like Mediation or Arbitration.  

Due to these possible escalations, Step 5 includes possible sub-steps:

Here, it is important to emphasize collaborative negotiation and positive communication while the parties may request more evidence or clarification about the accident and its effect on your life.

Read these articles to find out how you can best negotiate your claim:


As your injury assessment and associated costs become fully understood, and the related claims are justified with evidence, the parties can move towards making formal offers (or demands) and ultimately towards a settlement that works for everyone. The amount and structure of your settlement will vary greatly depending on how negotiations went. You may get a lump sum, a structured settlement, or another arrangement determined by the lawyers and or/ insurers.  

Read these articles to find out how you ensure you understand and receive payment for your injuries:

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