When Should I File a Personal Injury Claim

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In the US alone, over 62 million people suffered accidental injuries that needed medical treatment in 2024. This number just keeps going higher and higher. But not all accidents turn into personal injury claims.

“You must have the set of circumstances of fault, apparent neglect, and actual evidence of damage. Once you have these, when to file a claim becomes relevant,” says Connecticut personal injury lawyer Russell Berkowitz, partner at Berkowitz Hanna Malpractice & Injury Lawyers.

If you have doubts about a personal injury and when to file a claim, this guide clarifies everything.

What a Personal Injury Entails

Personal injury occurs when a person suffers any kind of physical, emotional, or even psychological injury due to careless behavior or an error by another person. 

It is based on negligence. Negligence is when an individual or business fails to exercise common sense or prudence, such as when a motorist blows through a stop sign or when a property owner fails to fix a broken staircase and does nothing despite knowing it is broken.

For your personal injury claim to succeed, you will have to prove the defendant was negligent and that this led to your injury.

When To File a Claim

You Have Suffered Severe Injuries

Filing a claim is a necessity when the injury causes financial distress, pain, and/or suffering. Healthcare, therapy, and lost paycheck dollars add up quickly.

With serious injuries, you also have to go through much pain and suffering; this also contributes to your deserving to be compensated. A personal injury claim assigns a dollar value to all the pain and suffering for compensation.

Doctors will document everything throughout your treatment journey. The attorneys analyze this paperwork to determine what the future will be for you and the changes in the life you once knew.

Not Too Early Not Too Late

Timing makes a big difference in the outcomes of a claim. If you go too soon, you may not have a clear picture of the extent of the harm, because some symptoms may not yet be apparent. Also, the healing journey is not always straightforward, and it helps to give it time.

However, foot-dragging is not the solution either. There are strict time limitations for personal injury lawsuits under Connecticut law. Failure to comply can result in the loss of compensation.

The right time to file will be after your doctors can accurately determine the scope of your injuries, but not so long that you blow the deadline to file a claim. 

The Other Side Won’t Cooperate

You do not always need to resort to a lawsuit to handle an injury claim. When the parties involved communicate reasonably well, you should be able to come to a mutually agreeable solution either through negotiations or by discussing with the insurance company. 

If the opposing side is dragging their feet, playing the blame game, or throwing out ridiculous offers, then you do not have too many options. You will have to file a claim. 

Do not attempt to handle these calls on your own. Insurance adjusters and other attorneys represent themselves and not you. When speaking without the presence of a lawyer, you may end up saying something that they can later use against you.

The Important Role of a Lawyer

When you are pursuing a personal injury lawsuit, having an attorney on your side is essential. Your lawyer will help with the paperwork, but that is not their main goal. They begin evaluating for evidence, calculating what your claim may be worth, and preventing costly mishaps.

Find a lawyer with knowledge of handling cases like yours. Ensure they can communicate with you clearly and are honest with their clients. 

Find out how they deal with settlements as well as trials. A good lawyer knows their deadlines, gives you information about what is going on, and advocates for reimbursement that equals the loss you have sustained.