The Legal Process of a Personal Injury Claim
What to Expect After an Accident in Orange County or the Hudson Valley
After an accident, most people find themselves facing a confusing mix of medical bills, insurance paperwork, and emotional stress. If someone else’s negligence caused your injuries, you may be entitled to compensation—but how does the legal process actually work?
At the Law Office of Taran M. Provost, PLLC, we guide personal injury victims in White Plains, Goshen, and Orange County through every step of their claim. Understanding what to expect can ease your anxiety and help you make informed decisions about your case. See below for general information, but if you or a loved one has been hurt in a crash, you need specific legal advice tailored to your particular situation. Call our office to speak with an experienced Goshen auto accident attorney.
Step 1: Medical Treatment and Injury Documentation
The first and most important step after any accident is seeking medical care. Even if you feel okay immediately after the crash, some injuries take time to develop and should be identified and treated as soon as possible. Prompt medical attention protects both your health and your legal claim.
Your medical records will serve as key evidence in your case. They document the nature of your injuries, the treatment you received, and the costs you incurred. If you delay treatment, insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident.
Step 2: Consult a Personal Injury Attorney
Once your immediate medical needs are under control, it’s wise to speak with a personal injury lawyer. During your free initial consultation at the Law Office of Taran M. Provost, PLLC, we’ll listen to your story, assess the strength of your case, and explain your legal options.
Many people assume they can handle a claim on their own, especially if an insurance company offers a quick settlement. But these early offers are far lower than what your claim is really worth. An attorney ensures your rights are protected and that you aren’t taken advantage of during a vulnerable time.
Step 3: Investigation and Evidence Gathering
Once you hire an attorney, we begin a detailed investigation into your case. This step involves collecting police reports, witness statements, photographs or video footage of the accident scene, and your medical records. We may also consult with experts—such as accident reconstruction specialists or medical professionals—to strengthen your claim.
Preserving evidence is critical, especially in cases involving property defects, vehicle crashes, or workplace hazards. The sooner you begin the legal process, the easier it is to secure the necessary documentation and witness testimony.
Step 4: Filing the Insurance Claim and Demand Letter
In most personal injury cases, the next step is filing a claim with the at-fault party’s insurance company. This might be an auto insurer, a property owner’s liability carrier, or even a commercial entity’s insurer.
Your attorney will typically submit a demand letter outlining your injuries, medical expenses, lost wages, pain and suffering, and other damages. The letter formally requests compensation and sets the tone for settlement negotiations.
Step 5: Settlement Negotiations
Once the insurance company receives the demand letter, negotiations begin. Insurers often respond with a lowball offer, hoping to settle quickly and cheaply. Your attorney will push back, using evidence from the investigation and your medical treatment to demand a fair settlement.
This negotiation phase can take time, especially if your injuries are severe or long-term. It’s important to reach maximum medical improvement (MMI)—the point where your condition is unlikely to improve any further—before settling. This ensures all future medical needs and related costs are considered in your compensation.
Most personal injury claims are resolved at this stage without the need for a lawsuit. However, if negotiations stall or the insurer refuses to make a reasonable offer, filing a lawsuit may be necessary.
Step 6: Filing a Lawsuit (If Needed)
Filing a lawsuit doesn’t mean your case will automatically go to trial. It does, however, apply pressure on the insurance company to take your claim seriously. Once the lawsuit is filed in civil court, both sides begin a process called discovery, during which they exchange evidence, interview witnesses under oath (depositions), and sometimes file legal motions.
Your attorney continues to negotiate throughout this process. In many cases, the added pressure of a pending trial results in a settlement before a court date is ever reached.
Step 7: Trial and Verdict
If no settlement is reached, the case proceeds to trial. Personal injury trials involve presenting evidence, examining witnesses, and arguing the facts before a judge or jury. Trials can be time-consuming and unpredictable, but they may be the best option for securing the compensation you deserve—especially if your damages are substantial or liability is disputed.
If you win at trial, the court will issue a judgment in your favor, including a monetary award. The defendant may choose to appeal the verdict, but in many cases, the judgment ends the process.
How Long Does the Process Take?
The timeline for a personal injury claim can vary widely depending on the complexity of the case, the severity of the injuries, and whether the matter goes to trial. A straightforward claim might settle within a few months, while a contested case could take over a year. At the Law Office of Taran M. Provost, PLLC, we keep our clients informed every step of the way and work diligently to resolve each case as efficiently as possible.
Let Us Guide You Through the Process of a Personal Injury Claim in New York
The legal process of a personal injury claim may seem overwhelming, especially when you’re dealing with pain, financial stress, and uncertainty. But you don’t have to go through it alone. At the Law Office of Taran M. Provost, PLLC, we bring years of experience to every case, and we’re committed to achieving the best possible results for our clients in Orange County and across the Hudson Valley.
If you or a loved one has been injured in an accident in White Plains, Goshen, or surrounding areas, don’t wait. Contact our office today for a free consultation. Let us handle the legal process while you focus on your recovery.
