If you have been injured in a car accident or another incident caused by someone else, starting a personal injury claim is only the beginning of the process. What happens next can involve months of medical treatment, gathering evidence, communicating with insurance companies, negotiating a settlement, and, in some cases, filing a lawsuit.
Every personal injury case is different, but most Minnesota claims follow a similar general path. Understanding that process can help you know what to expect and why resolving a claim often takes time.
Filing a Claim Is Not the Same as Filing a Lawsuit
First, an important distinction: making a personal injury claim does not necessarily mean you are suing someone.
A claim generally begins by notifying the appropriate insurance company that you are seeking compensation for injuries and losses caused by an accident. In a Minnesota car accident case, there may be multiple insurance claims involved, including no-fault benefits through Personal Injury Protection (PIP) coverage and a liability claim against the at-fault driver’s insurer.
A lawsuit is a separate legal proceeding filed in court. Many personal injury claims are resolved through insurance negotiations without a lawsuit ever being filed.
Step 1: The Accident and Your Claim Are Investigated
Once an insurance company receives notice of a personal injury claim, it will typically investigate what happened.
Depending on the case, evidence may include:
- Police or accident reports
- Photographs and video
- Witness statements
- Medical records
- Vehicle damage
- Employment and wage records
- Insurance policy information
- Other evidence showing how the accident occurred and who was responsible
Liability may be straightforward in some cases and heavily disputed in others. Minnesota’s comparative fault rules can also make determining responsibility especially important when an insurer argues that the injured person contributed to the accident.
A personal injury attorney may conduct an independent investigation rather than relying solely on the insurance company’s conclusions.
Step 2: Medical Treatment Continues
One of the most important parts of a personal injury claim happens outside the insurance process: your medical treatment.
Immediately after an accident, it may be impossible to know the full extent of an injury. Some symptoms appear later, while other injuries require weeks or months of treatment before doctors can determine whether there will be lasting effects.
For that reason, resolving a claim too early can create problems. A settlement generally requires the injured person to release the responsible party from further liability. If additional treatment, surgery, or long-term limitations become apparent afterward, reopening the settled claim may not be possible.
Following your medical providers’ recommendations also creates documentation showing the nature of your injuries, the treatment you received, and how your condition progressed.
Step 3: Your Losses Are Documented
A personal injury claim involves more than establishing that someone else caused an accident. You also need to establish what you lost because of it.
That may include documentation of:
- Medical expenses
- Lost wages
- Reduced ability to work
- Future medical needs
- Permanent injuries or limitations
- Pain and suffering
- Effects on daily activities and quality of life
The types of damages available depend on the circumstances of the case.
This documentation develops throughout the claim. For example, doctors may not know immediately whether an injury will require future care, and the effect of an injury on someone’s employment may become clearer over time.
Step 4: A Settlement Demand May Be Prepared
Once the injuries and damages can be reasonably evaluated, the injured person’s attorney may prepare a settlement demand for the insurance company.
A personal injury demand typically explains how the accident happened, why the insured party is responsible, the injuries involved, the treatment received, and the financial and personal losses caused by the accident.
Supporting documentation may include medical records and bills, wage-loss information, photographs, expert opinions, and other relevant evidence.
The demand may also propose an amount for resolving the claim.
This is an important stage because the goal is not simply to total the medical bills. A fair evaluation should consider the full impact of the injury, including losses that may continue into the future.
Step 5: Settlement Negotiations Begin
An insurance company does not have to accept the amount requested in a settlement demand.
The insurer may make a lower counteroffer, dispute certain damages, question whether all treatment was related to the accident, challenge who was at fault, or request additional information.
Negotiations may involve several rounds of offers and counteroffers.
The decision to accept or reject a settlement ultimately belongs to the injured person. An attorney can explain how an offer compares with the documented losses, available insurance coverage, potential risks of litigation, and other factors that may affect the value of the claim.
Step 6: The Claim May Settle
Many personal injury claims are resolved through a negotiated settlement.
When an agreement is reached, the injured person generally signs a release giving up the right to pursue additional compensation from the settling party for the claim. The insurance company then issues the agreed-upon payment.
Before the injured person receives the final amount, other issues may need to be addressed, such as attorney fees and case expenses, outstanding medical bills, or reimbursement claims and liens.
Because a settlement is generally final, it is important to understand both the amount being offered and what rights you are giving up before accepting it.
Step 7: A Lawsuit May Be Filed If the Claim Cannot Be Resolved
Not every personal injury claim settles through the initial insurance process.
If the parties disagree about fault, the severity of the injuries, the amount of compensation, or another important issue, filing a lawsuit may become necessary.
Litigation can involve exchanging evidence through discovery, taking depositions, obtaining testimony from medical or other expert witnesses, filing motions, and participating in mediation or additional settlement negotiations.
Filing a lawsuit does not necessarily mean the case will go to trial. Negotiations can continue throughout litigation, and many cases settle before a jury is asked to decide them.
If no agreement can be reached, however, the case may proceed to trial.
How Long Does the Minnesota Personal Injury Claim Process Take?
There is no single timeline for resolving a personal injury claim.
A relatively straightforward claim involving injuries that heal quickly may resolve sooner than a case involving catastrophic injuries, disputed liability, extensive medical treatment, or litigation.
Taking additional time is not necessarily a bad sign. In serious injury cases, understanding the long-term medical and financial consequences of the accident can be essential before determining what constitutes fair compensation.
There are also legal deadlines for bringing personal injury lawsuits. The applicable deadline can vary depending on the type of claim and circumstances, so injured people should not assume they have unlimited time simply because insurance negotiations are ongoing.
Related Reading: Navigating Personal Injury Claims in MN: A Step-by-Step Guide
Get Help Navigating a Minnesota Personal Injury Claim
A personal injury claim can involve much more than submitting medical bills to an insurance company. Evidence must be gathered, injuries documented, damages evaluated, and settlement offers carefully considered.
The personal injury attorneys at Sieben Edmunds Miller can help investigate what happened, communicate with insurance companies, document your losses, negotiate for a fair resolution, and pursue litigation when necessary.
If you were injured because of someone else’s actions, contact Sieben Edmunds Miller to discuss your Minnesota personal injury claim.
Frequently Asked Questions About the Personal Injury Claim Process
Does filing a personal injury claim mean I am filing a lawsuit?
No. An insurance claim and a lawsuit are different. Many personal injury claims are resolved through negotiations without a lawsuit being filed.
When do settlement negotiations usually begin?
The timing varies. It is often important to understand the extent of an injured person’s medical condition and losses before attempting to resolve the claim.
What happens if the insurance company denies my claim?
A denial does not necessarily end the matter. Depending on the reason for the denial and the circumstances of the case, additional evidence, further negotiations, or litigation may be appropriate.
Will my personal injury case go to trial?
Most claims do not ultimately require a trial. Even after a lawsuit is filed, the parties may continue negotiating or participate in mediation. A trial may be necessary when the parties cannot reach an agreement.
How long does a personal injury claim take in Minnesota?
There is no standard timeline. The length of a claim depends on factors including the severity of the injuries, length of medical treatment, disputes over fault, available insurance coverage, and whether litigation becomes necessary.
