[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/tadchievlaw.com\/how-file-personal-injury-claim\/#BlogPosting","mainEntityOfPage":"https:\/\/tadchievlaw.com\/how-file-personal-injury-claim\/","headline":"How to File a Personal Injury Claim","name":"How to File a Personal Injury Claim","description":"Whether you\u2019ve been in a motor vehicle accident or suffered medical malpractice, each personal injury case follows the same filing process. Your lawyer must follow each step with care to protect your rights. Here\u2019s a closer look at how to... <a href=\"https:\/\/tadchievlaw.com\/how-file-personal-injury-claim\/\">Read More<\/a>","datePublished":"2025-01-07","dateModified":"2026-01-17","author":{"@type":"Person","@id":"https:\/\/tadchievlaw.com\/author\/tadchiev\/#Person","name":"Boris Tadchiev","url":"https:\/\/tadchievlaw.com\/author\/tadchiev\/","identifier":21,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/296d35eb71518533def51b6d0c974158bdbba051ad350bf623144efaec0e234b?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/296d35eb71518533def51b6d0c974158bdbba051ad350bf623144efaec0e234b?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Tadchiev Law Firm, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/tadchievlaw.com\/wp-content\/uploads\/2021\/01\/logo.png","url":"https:\/\/tadchievlaw.com\/wp-content\/uploads\/2021\/01\/logo.png","width":367,"height":99}},"image":{"@type":"ImageObject","@id":"https:\/\/tadchievlaw.com\/wp-content\/uploads\/2025\/01\/how-file-personal-injury-claim.png","url":"https:\/\/tadchievlaw.com\/wp-content\/uploads\/2025\/01\/how-file-personal-injury-claim.png","height":1000,"width":2240},"url":"https:\/\/tadchievlaw.com\/how-file-personal-injury-claim\/","about":["Personal Injury"],"wordCount":1067,"articleBody":"Whether you\u2019ve been in a motor vehicle accident or suffered medical malpractice, each personal injury case follows the same filing process. Your lawyer must follow each step with care to protect your rights.Here\u2019s a closer look at how to file a personal injury claim so you can be a more informed client.Steps to File a Personal Injury Claim in Queens, NYThe personal injury case process begins immediately after the accident. There\u2019s plenty of preliminary work before your legal team can file a lawsuit, from investigating what happened to working with insurance companies.Remember that once you hire an attorney, they will handle the process for you. Your recovery should be your top priority.Seek Medical TreatmentEven if you think your injuries are minor, you should still seek medical attention right away after the accident. This step isn\u2019t just for your health and well-being. It also enters your injuries into your medical records.Medical records document what injuries you sustained and the treatments you\u2019re receiving for them. If you delay medical attention, it could both harm your long-term health and weaken a potential legal claim.Be sure to follow all of your doctor\u2019s recommendations and keep appointments with them and the specialists they refer you to. You should also get copies of medical reports and bills related to the accident in case you need to reference them later.Gather EvidenceCollect and preserve as much information as possible about the accident, including the following:Photos of the accident sceneWitness contact informationPolice reportsSurveillance or dashcam footageMedical documentsDocumentation of lost wagesOnly do this step yourself if you are able. You can also have someone you trust handle it for you while you receive medical treatment. Once you retain a lawyer, they can also find evidence that may be harder to secure. The more comprehensive your proof is, the stronger your claim will be.Hire a Personal Injury AttorneyThe legal process is not easy to go through on your own. You deserve an experienced personal injury attorney to work on your behalf. A few of the ways they can help you include:Evaluating your case\u2019s strengthFiling complex legal paperworkHandling insurance claims and appealsRepresenting you in settlement negotiationsGoing to trial if necessaryTracking and meeting all legal deadlinesMany injury law firms offer complimentary case reviews. They may also work on a contingency fee basis, meaning you only pay if you win your case.Determine Liability and NegligenceFor a strong case, your personal injury claim lawyers must identify who hurt you, establish that they acted negligently, and show that their actions directly caused your injuries.The evidence gathered at the accident scene is only one component of a larger investigation. Your lawyer will obtain additional documentation, gather eyewitness accounts of what happened, and consult with medical experts on your current and future healthcare needs.Calculate Your DamagesThere are two types of losses in a personal injury claim. Some, called economic losses, have a fixed dollar value, including:Medical expenses, both now and in the futureRehabilitation costsLost wagesLost earning capacityProperty repairs and replacementAlterations to your home for accessibilityThere are also non-economic losses with no fixed dollar value, such as:Physical painEmotional distressLost enjoyment of lifeLoss of consortium (spousal companionship)Disability or paralysisDisfigurement or scarringYour lawyer will calculate your possible damages using receipts, bills, and special methods to ensure you pursue a fair amount of compensation.File an Insurance ClaimSince New York is a no-fault state, personal injury claims for car accidents have a different process. No matter who caused the collision, your liability insurer can compensate you for medical bills and some of your lost wages. You can only file a lawsuit if your losses exceed the policy limits or your injuries meet a legal threshold.For other types of injuries, such as product defects or slips and falls, the no-fault system doesn\u2019t apply. Once your lawyer has concluded their investigation, they\u2019ll write a demand letter to the responsible party\u2019s insurer.Negotiate a Settlement or Go to CourtMost successful personal injury lawsuits settle before the trial phase. Your lawyer will represent you in negotiations and try to reach a fair settlement. Sometimes, both sides agree to hire a third-party mediator who guides the case toward a resolution.Insurance companies may try these tactics in the negotiation process:Making lowball offersMisrepresenting what they coverBlaming you for what happenedWithholding information from their own investigationIgnoring evidence from your legal team\u2019s investigationDelaying your claimMaking a bad-faith denialHowever, negotiations aren\u2019t always successful. A good lawyer can hold insurers accountable when they aren\u2019t willing to negotiate by taking your claim to trial.\u00a0How a Queens Personal Injury Attorney Can HelpEach step of the personal injury claim process requires precision. Some forms of evidence are hard to obtain on your own. Insurance companies may take advantage of someone\u2019s inexperience in negotiations. Ultimately, going it alone is stressful, and it reduces the chance you\u2019ll secure fair compensation for your injuries and losses.By hiring an attorney you trust, you\u2019ll have an advocate with the knowledge, resources, and experience to handle every aspect of the process. They\u2019ll also understand Queens\u2019s unique legal landscape and the needs of its diverse population.Get in Touch with Our Queens Personal Injury Lawyers for HelpThe team at The Tadchiev Law Firm, P.C. can answer your questions about filing a personal injury claim and evaluate your case. We have years of experience helping injured clients pursue justice against negligent parties. Since we limit our caseload, we can take a personalized approach that addresses your unique circumstances and concerns. As one client recently wrote:\u201cThank you to Tadchiev law for making this process as smooth as possible! Great customer service and attention to detail.\u201d \u2013 Christian Acu\u00f1aContact our office today to get started with a free consultation.About the AuthorBoris TadchievBoris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. 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