A large majority of personal injury claims settle before reaching the litigation process. If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records such as medical records, medical bills, and wage loss verification in order to verify your damages. If you agree to accept a settlement, you will be required to sign an agreement stating you absolve the other party of all further liability in this case, and the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit. After a lawsuit has been filed, both parties will conduct discovery. Pretrial discovery usually takes about a full year during which time both parties investigate all aspects of the claim. This may include taking oral depositions, obtaining pertinent records, propounding interrogatories, and hiring expert witnesses to obtain more evidence about the claim. During this period of discovery and as the trial date approaches, the parties will exchange settlement offers/demands.

Be careful when dealing with the other party's insurance company because they may try to rush you into a settlement before you can adequately evaluate the extent of your damages. An experienced attorney may be helpful in assessing an appropriate value for your claim, and assist in the settlement process. If you are in an automobile accident with an uninsured driver who is at fault, the uninsured motorist provisions of your own policy will apply. You should be sure not to sign any documents or make any formal statements without prior review by an attorney. It is important to attend all scheduled doctor appointments in order to document your injuries. Accurate records should be kept of time you missed from work, medical bills, and property damage repairs. You can document your damages with photographs of your injuries or photos of property damage.