The essentials
Understanding personal injury
A personal injury claim is a request for money to cover losses caused by someone else's conduct. In most everyday cases the question is negligence: did a person or company fail to use reasonable care, and did that failure cause the harm? A collision, a fall on a poorly maintained walkway, and an injury from a defective product all run through some version of that question, even though the proof looks different in each.
Two systems usually operate at once. The legal system decides who is responsible and what the losses are worth. The insurance system decides what a company is willing to pay, and often moves much faster. Most claims are resolved with an insurer rather than by a judge or jury, which means the practical skill of documenting losses matters as much as the courtroom question of fault.
Almost every rule below varies by state: how long you have to file, how fault is divided when more than one person contributed, what categories of loss can be claimed, and whether special rules apply to claims against a government body or a medical provider. Treat this guide as vocabulary and orientation, not as the law where you live.
Situations this area may cover
Vehicle collisions
Car, motorcycle, bicycle, pedestrian, and commercial-vehicle crashes. Several insurance policies may apply at once, including the other driver's liability coverage and your own, and the sequence in which claims are made can matter.
Unsafe property conditions
Falls, structural failures, inadequate maintenance, or unsafe conditions in a store, apartment building, or public space. These cases often turn on what the owner knew, when they knew it, and what a reasonable owner would have done.
Injuries at work
Workplace injuries usually run through a state workers' compensation system rather than an ordinary injury lawsuit, and the rules, deadlines, and available benefits are different. A separate claim against an outside company is sometimes possible.
Medical treatment that caused harm
Claims involving medical care are governed by their own procedural rules in many states, which can include notice requirements and expert review before a case is filed. They are among the most technically demanding injury matters.
Serious, permanent, or fatal injuries
Life-altering injuries and deaths involve long-term costs, future care planning, and, in a death case, a claim brought by particular family members or an estate representative as state law defines.
General roadmap
What the process may look like
- 01
Medical care and the record it creates
Treatment comes first because health comes first, and because medical records become the primary evidence of what was injured and when. Gaps between the incident and the first visit, or long stretches without treatment, are routinely raised by insurers as arguments that the injury was minor or unrelated.
- 02
Notice and investigation
Insurers are typically notified, a claim number is opened, and an adjuster begins gathering information. Photographs, scene conditions, vehicle damage, video, and witness contact details are easiest to collect early and can disappear quickly.
- 03
Evaluating responsibility and coverage
Two separate questions get answered: who may be legally responsible, and what insurance or assets are actually available. A strong liability case against an uninsured individual can be worth far less in practice than a modest claim against a well-insured company.
- 04
Demand and negotiation
Once treatment has stabilized enough to describe the losses, a demand package is often assembled from records, bills, wage information, and a description of the effect on daily life. Negotiation with an insurer follows, sometimes over several rounds.
- 05
Filing suit, if it becomes necessary
If no acceptable resolution is reached, a complaint may be filed in court before the state deadline runs. Filing does not mean a trial is inevitable; it changes the leverage and starts a formal schedule.
- 06
Discovery, mediation, and resolution
In litigation, both sides exchange documents, answer written questions, and take testimony under oath. Courts commonly encourage mediation or other settlement processes, and the federal courts describe that encouragement as ordinary practice. Cases that do reach trial are decided under a more-likely-than-not standard rather than the higher standard used in criminal cases.
This is a general sequence, not a schedule. Timing depends on the court, the injuries, the insurers involved, and whether liability is disputed.
Prepare without over-sharing
Documents and information to gather
Proof of what happened
Anything created at or near the time of the incident is usually the most persuasive, because it was recorded before anyone was thinking about a claim.
- Police, incident, or store report numbers
- Photographs and video of the scene, vehicles, and conditions
- Names and contact details for witnesses
- Clothing, equipment, or the product involved, kept unaltered
Medical documentation
Records show what was diagnosed and treated. Bills and insurance statements show what it cost and who has already paid.
- Emergency, urgent care, and follow-up visit records
- Imaging, therapy notes, and referrals
- Itemized bills and explanation-of-benefits statements
- Records of prior treatment to the same body part
Financial effect
Losses beyond medical bills need their own documentation, and employers or accountants may need to be asked before records disappear.
- Pay records, missed-time documentation, and employer correspondence
- Receipts for out-of-pocket costs, travel, and equipment
- Records of help you had to pay for at home
Insurance and correspondence
Coverage details drive what is realistically available, and written communication is easier to rely on later than a phone call.
- Your own policy declarations page and coverage details
- Letters, emails, and claim numbers from any insurer
- Any document you were asked to sign, kept as a copy
Official forms and preparation tools
Get organized before you file or ask for help.
Use the preparation aids to collect information. Always obtain legal forms from the court or agency that controls them.
timelineInjury incident timeline
Fixes the sequence of events while memory is fresh, in the form a lawyer or adjuster can actually use.
Open checklist
How to use it
- Write it within days if you can; memory reshapes quickly
- Keep it factual and avoid characterising fault
- Mark where a record exists and where you are relying on memory
- Date the document itself, and do not rewrite it later
Before the incident
- What you were doing and where you were going
- Conditions — light, weather, surface, noise
- Anything you noticed that seemed unsafe
- Any prior injury to the same part of your body
The incident itself
- Date and time, as precisely as you can
- Exact location, including which entrance, aisle, or lane
- What happened, in sequence
- What was said at the scene, and by whom
- Who was present, with contact details
Immediately afterwards
- Who was notified, and when
- Report or claim numbers issued
- Whether photographs were taken, and by whom
- What was moved, cleaned, or repaired, and when
- First symptoms, and when they appeared
The days that followed
- First medical visit and what was said
- Work missed, and when it began
- Contact from any insurer, with names and dates
- Anything you signed or agreed to
This is preparation, not a statement to any insurer or court
It does not establish fault or the value of any claim
Completing it does not preserve any filing deadline
It is not legal advice and creates no attorney-client relationship
logInjury evidence log
Records what evidence exists, where it is, and what is at risk of disappearing before anyone requests it.
Open checklist
How to use it
- List what exists before worrying about what it proves
- Flag anything on a short retention cycle, especially video
- Note who controls each item, not only what it is
- Do not alter, clean, repair, or discard anything relevant
Physical evidence
- Anything involved in the incident, kept unaltered
- Damaged clothing, footwear, glasses, or equipment
- Vehicle or property damage, and where it is now
- Where each item is stored, and who has access
Images and recordings
Video retention cycles are frequently measured in days. Identify who controls footage first.
- Your own photographs and video, with original timestamps
- Photographs taken by anyone else, and who has them
- Nearby cameras — business, doorbell, transit, traffic
- Who controls each camera, and whether they have been asked
People
- Witnesses, with phone numbers and how to reach them
- Anyone who arrived afterwards and saw the conditions
- Staff or officials who responded
- Anyone who saw your condition in the days that followed
Documents
- Incident, police, or store reports and their numbers
- Correspondence from any insurer, with claim numbers
- Anything you have signed, with a copy retained
- Repair estimates, invoices, or property valuations
Listing evidence does not preserve it; some items require a formal request
It does not determine what is admissible or what matters legally
It does not preserve any filing deadline
It is not legal advice
logMedical treatment and expense log
Tracks treatment, costs, and missed work as they happen, so losses are documented rather than reconstructed.
Open checklist
How to use it
- Update it weekly; reconstruction months later is incomplete
- Record what was billed, what insurance allowed, and what you paid
- Note the reason for any gap in treatment at the time it happens
- Keep receipts even after a reimbursement
Providers and visits
- Provider name, specialty, and contact details
- Date of each visit and what it was for
- Diagnosis or findings as explained to you
- Referrals, imaging, and therapy ordered
- Whether records have been requested, and when
Costs
- Provider bills, with dates and amounts billed
- Explanation-of-benefits statements showing allowed and paid amounts
- What you paid out of pocket, with receipts
- Prescriptions, equipment, and supplies
- Travel, parking, and childcare for appointments
Work and income
- Dates missed, and whether paid or unpaid
- Sick leave or vacation used
- Employer confirmation obtained, and from whom
- Duties you could not perform on return
Daily effect
Specifics carry weight; adjectives do not. Record the shift you could not work, not how bad it felt.
- A line or two per day: what hurt, what you could not do
- Specific activities missed, with dates
- Help you needed that you would not normally need
- Any reason you missed or stopped treatment
This is a private record, not a medical record or a claim submission
It does not establish that any expense is recoverable
It is not medical or legal advice
Records govern where this log and the records disagree
logInsurer communication log
Creates a dated record of every insurer contact, request, and offer, so nothing rests on recollection.
Open checklist
How to use it
- Add an entry during or immediately after every contact
- Follow significant calls with a short written summary by email
- Record what was requested and under what authority
- Keep copies of everything sent to you and everything you sign
The basics for every contact
- Date, time, and how contact was made
- Name, company, and whether it is your insurer or another party's
- Claim number referenced
- Who initiated the contact
What was asked
- Information or documents requested
- Whether a recorded statement was requested
- Whether an authorization was requested, and its scope
- What you were told was required, and on what basis
What was said and agreed
- What you provided or declined to provide
- Any offer made, and whether it was confirmed in writing
- Any deadline you were given
- What was promised, and by when
Documents exchanged
- Letters and emails received, with dates
- Anything you signed, with a copy retained
- Records or bills you sent, and when
- Anything you asked for in writing and did not receive
This is a private record and is not submitted to anyone
Keeping it does not satisfy any policy obligation you may owe your insurer
It does not preserve any filing deadline
It is not legal advice about what you must provide
worksheetInjury consultation worksheet
Turns a first meeting into an assessment by fixing the facts, the documents, and the questions in advance.
Open checklist
How to use it
- Complete the facts and documents sections before the meeting
- Bring your declarations page; coverage questions come up immediately
- Disclose the awkward facts rather than waiting to be asked
- Write the answers down, including who gave them
What happened
- Date, location, and a short factual sequence
- Who else was involved, and any report numbers
- Whether fault has been disputed or assigned to you
- Whether a government entity or business was involved
Injuries and treatment
- Injuries diagnosed, and by whom
- Whether treatment is ongoing or finished
- Any prior injury to the same body part
- Any gap in treatment, and the reason for it
Insurance and money
- Your own declarations page and coverages
- Any other policy that might apply
- Health insurance or program that has paid for treatment
- Losses documented so far, and what is still missing
What you have already done
These change the advice, and every one of them is better raised now than discovered later.
- Statements given, to whom, and whether recorded
- Authorizations or documents signed
- Offers received
- Any other firm you have spoken with or signed with
Questions to ask
- What deadline applies to a claim like mine, and where does it come from?
- Who handles my file, and would it be referred elsewhere?
- How often does this firm try cases?
- Are costs deducted before or after the fee is calculated?
- Do I owe advanced costs if there is no recovery?
- Who resolves liens and reimbursement claims, and is that inside the fee?
- What is the weakest part of my claim?
This does not evaluate your claim or establish its value
It is not submitted to anyone and collects no information about you
Completing it creates no attorney-client relationship
It does not preserve any filing deadline
Federal · U.S. General Services AdministrationSF-95 — Claim for Damage, Injury, or Death
Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.
Form guide
SF-95 — Claim for Damage, Injury, or Death
Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.
Someone whose claim is against the United States. It does not apply to claims against a state, county, city, school district, or other non-federal public body, each of which has its own separate scheme.
Before any lawsuit. Federal law requires a claim to be presented to the appropriate federal agency and denied in writing before an action may be instituted.
- The correct federal agency whose employee is alleged to be responsible
- Date, time, and place of the incident
- A description of what happened and the basis of the claim
- The nature and extent of injury or damage
- A sum certain — a specific dollar amount claimed
- Witness names and contact details, where there are any
What the sections ask for
Section explanations describe what a form is asking for in ordinary language. They are not instructions about what any individual should write, and they do not replace the official instructions published with the form.
Identifies which federal agency is being asked to consider the claim. Presenting to the wrong agency is a common and consequential error.
A description of the incident and why the claimant says a federal employee is responsible.
Asks for a specific figure. The requirement that a claim state a sum certain is why this box matters more than it appears to.
Signed by the claimant or an authorized representative, certifying the claim.
Common mistakes
- Presenting the claim to the wrong federal agency
- Using this form for a claim against a state, county, or city body
- Omitting the sum certain
- Filing suit before the agency has denied the claim in writing
- Assuming the standard form is the only acceptable format when the regulations permit other written notification
Last source check: 2026-08-20 · awaiting attorney review
Use your consultation well
Questions to ask an attorney
What filing deadline applies to a claim like mine, and what could shorten it?
Why it matters: Deadlines are set by state law and differ by claim type. Claims involving a government entity often carry a much earlier notice requirement.
Which insurance policies might apply here, including my own?
Why it matters: Coverage under your own policy can matter even when someone else is at fault, and the available coverage often sets the practical ceiling on a claim.
How is fault treated in this state if more than one person contributed?
Why it matters: States divide shared fault differently, and the answer can change whether a claim is worth pursuing at all.
What should I preserve, and what should I stop doing right now?
Why it matters: Evidence disappears and casual statements or posts can be used later. Specific instructions are more useful than general caution.
Who will handle my case day to day, and how will I hear about developments?
Why it matters: The lawyer you meet is not always the person doing the work. Knowing the team and the update rhythm prevents most later frustration.
How are fees calculated, and how are case costs handled separately?
Why it matters: Fees and costs are different things. You need both answers in writing before signing.
Do any liens or reimbursement claims attach to a recovery?
Why it matters: Health insurers, medical providers, or public benefit programs may have a right to be repaid from a settlement, which affects what reaches you.
What would make you advise against pursuing this?
Why it matters: A lawyer willing to describe the weaknesses in a claim is giving you the information you need to decide.
Understand the agreement
Fees and costs
Contingency fee
The attorney's fee is a share of a recovery, and there is generally no attorney fee if there is no recovery. Under the model ethics framework used as a starting point in many states, a contingent fee agreement must be in writing signed by the client and must state how the fee is calculated and how expenses are handled. Percentages and any caps are governed by state rules and the individual agreement.
Questions worth asking
- Whether the percentage changes if suit is filed or the case is appealed
- Whether the fee is calculated before or after case costs are deducted
- What happens to advanced costs if there is no recovery
Case costs and expenses
Separate from the fee, a case can incur expenses such as records retrieval, filing charges, deposition transcripts, and expert work. Some firms advance these and seek reimbursement from a recovery; others bill along the way.
Questions worth asking
- Who advances costs, and whether interest is charged
- Whether you approve larger expenses in advance
- How costs are itemized on the final statement
Hourly or flat arrangements
Less common for injury claims, but used for defense work, specific limited tasks, or advice-only consultations. Time is billed as spent, or a set amount covers a defined service.
Questions worth asking
- Exactly which tasks a limited engagement covers
- What is excluded and would require a new agreement
Lawyer in Town does not publish prices, rates, or percentage figures. Fee arrangements are governed by state rules of professional conduct and by the written agreement you sign.
Protect your options
Common mistakes and better next steps
Giving a recorded statement to another party's insurer without understanding its use
Ask what is required of you and what is optional, and get advice before describing injuries you are still being evaluated for.
Waiting to seek care because the injury seemed minor
Get evaluated and follow the treatment plan. Delays and gaps become the insurer's argument, and some injuries surface days later.
Signing broad medical authorizations or a release without reading it
Understand what records are being released and whether signing ends the claim. A release is usually final.
Posting about the incident, the injury, or activities online
Assume anything public can be collected and shown out of context. Discuss the matter with your lawyer instead.
Assuming the deadline is far away
Confirm the applicable period early. Notice requirements against public entities and special rules for some claim types can arrive much sooner.
Repairing, discarding, or altering the thing that caused the injury
Preserve it if you safely can, and photograph it thoroughly before anything changes.
When prompt local help may matter
- A filing deadline or a government notice period may be close or already running
- Evidence is about to disappear — a vehicle is being repaired or totaled, or video is on a short retention cycle
- An insurer is pressing for a signature, a recorded statement, or a quick release
- The injuries are serious, permanent, or involve a death in the family
- A government entity, a hospital, or a commercial trucking operation is involved
- You have been sued, or told that you are being blamed for the incident
Prompt local help is about protecting options, not about pressure. A single consultation with a lawyer licensed in the relevant state can clarify deadlines and preservation steps even if you do not hire anyone.
Choices and terminology
Decisions you may face
Handle a small claim yourself or bring in a lawyer
Minor property-damage-only claims are often handled directly. Once injuries, disputed fault, or multiple policies are involved, the value of experienced help usually rises — but so does the cost of the fee arrangement, and that tradeoff is worth naming out loud.
Settle now or continue treatment first
Settling early brings certainty and money sooner. Settling before the medical picture is clear risks absorbing future costs yourself, because a release is generally final.
Accept a negotiated resolution or file suit
Filing can improve leverage and access to information, and it also adds time, formal obligations, and exposure of private records through discovery.
Key terms
Negligence
A failure to use the care a reasonable person would have used in the same situation.
Liability
Legal responsibility for harm. It is decided separately from how much the harm is worth.
Damages
The categories of loss a claim seeks to recover, such as medical costs, lost income, and the human effect of an injury.
Statute of limitations
The state-law deadline for filing a lawsuit. Missing it generally ends the claim regardless of its merits.
Adjuster
The insurance company employee who investigates and values a claim on the insurer's behalf, not yours.
Release
A signed document giving up the right to seek anything further for the incident. It is normally permanent.
Lien
A right held by an insurer, provider, or program to be repaid out of a recovery before you receive the remainder.
Plain-language answers
Frequently asked questions
How long do I have to bring an injury claim?
There is no single national answer. Each state sets its own filing deadlines, they differ by the type of claim, and separate and much shorter notice rules often apply when a government entity is involved. Some states also adjust when the clock starts if an injury could not reasonably have been discovered right away. Because a missed deadline usually ends a claim on its own, this is the first question to ask a lawyer licensed where the injury happened.
The insurer offered me money already. Should I take it?
An early offer is a business decision by the insurer, not an assessment of what your losses will total. The central question is whether the medical picture is complete enough to know what you are giving up, because accepting normally requires signing a release that closes the claim permanently. It is reasonable to ask for the offer in writing and to have it reviewed before responding.
What if I was partly at fault?
Partial fault does not automatically end a claim, but the effect depends heavily on the state. Some states reduce a recovery in proportion to a person's share of fault, some bar recovery once that share crosses a threshold, and a small number apply stricter rules. Because the frameworks differ so much, ask specifically how shared fault is treated in the state that governs your claim.
Do I have to sue to get anything?
Not usually. Many injury claims resolve through negotiation with an insurer without a lawsuit being filed, and courts themselves encourage settlement in cases that are filed. Filing becomes relevant when negotiations stall, when key information is being withheld, or when a deadline is approaching and the claim is not resolved.
Will my own insurance matter if the other person was at fault?
It can. Depending on the policy and the state, your own coverage may address medical expenses, lost income, or a shortfall when the responsible party has too little insurance or none. Reading your declarations page and asking about every potentially applicable policy is worth doing early rather than after the fact.
What happens if the person who hurt me has no insurance?
Responsibility and collectability are two different problems. A claim can be legally strong and still recover little if there is no policy and no meaningful assets. This is why an early conversation about available coverage, including coverage under your own policy, tends to be more useful than an early conversation about what a case is theoretically worth.
Keep learning
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Important limitation
Lawyer in Town publishes general legal information for consumers. It is not legal advice, it does not create an attorney-client relationship, and it cannot account for the facts of any individual situation. Laws, court procedures, filing deadlines, and outcomes differ by state and by court, and they change over time. Confirm anything that affects a decision with a lawyer licensed in the relevant jurisdiction.
Injury law is primarily state law. Deadlines, shared-fault rules, damage categories, and special requirements for claims against government entities and medical providers differ by state.