How to file an injury claim after an accident

There are a couple of steps that need to get completed after an accident occurs with injuries. The first three calls should go out to Emergency 911, the insurance company, and a good lawyer like Caldwell Wenzel Asthana, who has the best interest in a person’s health and well-being. 

Most law firms have legal investigators who will go out to the scene of the accident to gather all the information available. They have extensive knowledge in picking the right evidence to make a case stick in court. Going through the proper steps can save a client much heartache, stress, and lost wages. 

After the Crash

The steps taken after the crash can make or break a case. Everyone should know the first step is getting help and checking on the victims if possible. But what happens if this is not possible. Perhaps the injuries may be too severe, leaving the victim or victims incapacitated. Hopefully, others are at the scene of the crash to assist and call for help. 

If possible, gathering the information from the other driver, such as their insurance information, name, phone numbers for contact from witnesses and drivers involved, driver’s license numbers and pictures, and speaking to the witnesses should happen before the authorities arrive. 

Once the police arrive, filling out a police report is the next step that will take place. It is critical to put down as much information as possible in the report to the best of the victim’s knowledge. Details are very important as to how the accident took place, as it will eliminate any doubts in the courtroom. 

Medical Information 

It is in the best interest of the victim to seek medical attention after an accident. When an accident occurs, a person will not feel the full effects right after. That is why they should always go to the hospital or doctor immediately after to catch the signs and symptoms early in Xrays and exams. It will also give a medical report for the lawyers to go off of to add to the case. 


Once all the information gets obtained from the client or the legal investigator, a consultation should occur. The client will sit with the lawyer to determine the damages of the vehicle, personal injuries involved from the driver and any passengers involved, medical bills, lost wages, and pain and suffering. 

Most times, it will be an estimate due to the recovery time of the client. Sometimes they are fully recovered at the time of the consultation, and other times, they may have a long road ahead of them for recovery. Every case and situation is different so that it will get handled accordingly. 

Rehabilitation and medication are also taken into consideration for the timeline of recovery. Unfortunately, there are times where full recovery will never happen, and those factors get added to the amount owed to the client as well. 

Consultations are almost always free, and usually, nothing owed until the case gets settled and victory happens. A percentage gets paid to the lawyer for his or her time and efforts, and the client will get the remaining balance. 

The Insurance Company

The insurance company should always know of any accidents that occur whether the driver is at fault or not. A claim should still get done by the victim. They will always try to settle right after the insurance adjuster does his or her job. It is very important never to take the first offer in situations where personal injury is involved. A fender bender would be a different scenario, but a major accident can leave a person having to fork out their own money to pay for future injuries due to the accident. 

Once the lawyer becomes the representative of the victim, no further contact involving the case should get discussed between the client and the insurance company. Everything strictly should go between the lawyer and the insurance company from there. The client should never get harassed or questioned about anything dealing with the accident. The insurance company knows that once a lawyer is involved, they will have to pay up and do not like it because they come out in the hole.

After Filing the Claims 

Once the claims are out of the way, the lawyer will take all of the information from the police report, evidence from the scene of the accident, and the witnesses’ statements and review the case. The lawyer will push for a certain amount which he or she feels is owed to their client. The legal battle will begin, and negotiations go back and forth. It is rare, but the insurance company can pay what is requested and keep it out of court. If it goes to court, the lawyer will have a good idea of which way the courts will decide. 

The main thing to remember when filing a claim is never to take what the insurance offers first. Once the agreement is signed, it is too late to do anything more. Always follow the lawyer’s advice, and all should be well.

Author: Brandon Park