The personal injury claims process is the legal process used to seek compensation for the expenses and impacts of the injury sustained in the accident as a result of the careless or reckless actions of another person. This process usually begins when the injured party seeks assistance from a personal injury attorney. The attorney will investigate the claim to establish the source of liability (legal responsibility) and associated insurance resources that can provide compensation. The liability insurance policy held by the at-fault party pays nearly all personal injury claims: an auto liability policy in a car accident claim, a homeowner's policy for dog bite claims and premises liability claims occurring at a residence, or a business liability policy for accidents that resulted from a defective commercial or public property feature or a defective product sold to a consumer. Once the injured party has reached maximum medical improvement, their attorney will also establish a value for the claim. Maximum medical improvement is when a doctor determines that the injury has stabilized and expects no further treatment will improve the claimant's condition. This is usually the best time to value the claim as there is an accurate accounting of the expenses and a better opportunity to determine if there are permanent disabilities that will impair the claimant's ability to earn an income in the future. Some of the factors that go into establishing a claim's value include how much compensation is available for the claim through insurance, the severity of the injury suffered, the amount of income the claimant earned before the accident, the actual expenses incurred in the treatment of the injury, the psychological impacts the claimant encountered from the accident, and the medical treatment of the injury. After establishing the claim's value, the claimant's attorney will send a demand to the at-fault party's insurance provider for the claim's full value. The insurance provider will assign a claims adjuster to analyze the claim and determine the amount of compensation owed to the claimant, if any. The claims adjuster can either accept the demand and pay the total value of the claim, deny the claim and let the claimant know the reason for the denial, or offer to settle the claim out of court for less than its value. “I Cannot Afford an Attorney”—The Needless Reason Many Claims Stall There are many reasons why a personal injury claimant decides not to hire an attorney to help them with their claim, including the belief that they can navigate the process on their own or that it is too much of a hassle. However, one of the most common reasons for not hiring an attorney is because the claimant does not believe they can afford one. This argument is understandable, as claimants usually face high out-of-pocket medical expenses and lost wages due to the injury. However, the worry is needless, thanks to the billing method that most personal injury lawyers use. Personal injury attorneys use a contingent fee billing method, also known as a contingency fee. This means they do not require payment upfront to begin working on your case, nor do they bill you for your services by the hour. You never have to worry about your claim stalling because you have not kept current on your bills for your attorney’s services, and if you do not have a positive resolution to your claim, you do not have to pay for your attorney’s services. Here is how the contingent fee works: When you begin working with your attorney, you will sign a legal contract with them, known as a contingent fee agreement. This agreement will detail the services your attorney will provide, the expenses you are responsible for, and the percentage of your award that will pay your attorney for their services after your claim. Once there is a positive outcome to the claim, either through a negotiated settlement or a court award, your attorney will receive your compensation for you and deposit the funds into a trust account. From the trust, your attorney will deduct the fees for their services and satisfy any medical liens placed against the amount by health care providers or group health insurers. You will meet with your attorney to finalize the case, and you will receive the remaining proceeds from your settlement or award. In addition to the contingent fee, personal injury attorneys also ensure that anyone who needs their assistance has access by providing free case evaluations. This is when you can meet an attorney, talk about your case, and obtain answers to your legal questions and more information about the process without obligation.