phone icon

The Basic Steps in a Personal Injury Claim

If you have suffered a head injury, broken bone, or other serious injuries due to another person’s negligent, or careless actions, you can file a personal injury claim. Many people are hesitant to file these claims because they are simply not familiar with the claims process. Below, our Albany personal injury lawyer outlines what you can expect, so you can feel more prepared before filing a personal injury claim.

Speaking to a Lawyer

Most personal injury lawyers offer free consultations, which is a meeting that can last anywhere between 30 and 60 minutes. During this meeting, you can ask the lawyer all of your questions and receive valuable information about whether you can file a claim. For example, thestatute of limitations, or time limit, on your claim may have expired. The lawyer will explain whether that bars you from filing a claim, or whether one of the exceptions applies that can still allow you to recover compensation.

The Summons and Complaint

If you and your lawyer decide to go ahead with your case, you will file a summons and complaint with the appropriate court. This essentially notifies the negligent party that you have filed a lawsuit against them to recover compensation for your injuries.

Gathering Evidence

Unfortunately, your word that you were hurt and someone else is to blame is not enough when filing a personal injury claim. You must have evidence to prove your case. Evidence is very difficult to collect while you are recovering from serious injuries. Your lawyer will know what important evidence to collect and will gather it so you can focus on getting better.


The discovery phase is an important one, so it is not surprising that it often takes the longest. During discovery, each side has the right to ask the other party for information. This can come in the form of depositions, written questions, and requests for documents. This phase allows you to see the arguments the other side plans to use against you and gives them insight into the points you plan to raise.


At any point during the personal injury claim process, your lawyer may negotiate a settlement with the other side. This can help you avoid going to trial. Negotiations can be done just between the lawyers, or duringmediation. Your lawyer will present you with all settlement offers and advise on whether or not they are fair so you can make an informed decision.


The vast majority of personal injury cases settle outside of the courtroom. When the other party refuses to offer a fair settlement though, a trial may be necessary. During the trial, the attorneys for both sides will present arguments to either a judge or jury who will then decide on which party will win.

Our Personal Injury Lawyer in Albany Can Help You Through the Process

The personal injury process has the potential to be a long and arduous one. At Powers & Santola, LLP, ourAlbany personal injury lawyer will guide you through the process and make it as easy as possible while securing the fair compensation you deserve. Call us today at 518.213.4438 or contact us online to schedule a free consultation.

Call Today! (518) 213-4438

location map