What Happens When Someone Files a Bodily Injury Claim?

Tom Fowler

Sep 28

5 min read

If you have been injured in a car accident or other incident caused by the negligence of another person, you may be able to file a bodily injury lawsuit, also called a bodily injury claim. Though most people have heard these terms, they aren't always sure what they mean or what happens when someone files a bodily injury claim or lawsuit.

The personal injury process can seem confusing and overwhelming, especially if you are recovering from an injury, have medical bills piling up, or are missing time from work. Understanding bodily injury claims can help you feel more prepared and show you how to avoid mistakes along the way.

If you are considering a bodily injury claim in Iowa, it's best to work with a legal team and to read the following information. They can also help with questions like are atvs street legal?

What Is a Bodily Injury Claim?

A bodily injury claim is a type of legal request for compensation after someone is physically injured due to the negligence of another. Most bodily injury claims are associated with car accidents, but they can also come from motorcycle accidents, truck collisions, slip and falls, dog bites, and other situations.

Unlike a property damage claim, which covers the cost of damages to a vehicle or other belongings, a bodily injury claim focuses on losses that are related to the injuries. Depending on the circumstances, personal injury claims focused on bodily injury may cover medical bills, lost wages, pain and suffering, and other damages.

Start the Personal Injury Claims Process - Reporting the Accident

Usually, the first step of a bodily injury claim is to report the accident. This should happen as soon as possible after the incident. If the injured party doesn't do this, even the best personal injury lawyer could struggle with the case. It's also important to get immediate medical attention, even if you aren't sure you are hurt.

Once the accident reports are filed with police and insurance companies, an insurance adjuster might contact you to get information about what happened and begin evaluating the claim.

It's important to be honest when interacting with the insurance company, but also be careful about how much information you are giving. In most personal injury cases, the insurance company will try to offer a low-ball settlement first, and if you don't have legal counsel, you may think it's a great deal when in reality, it's not fair compensation.

Investigating the Claim

After bodily injury cases are with the insurance carrier, they will start an investigation. They might review:

The police report
Photographs of the accident scene
Vehicle damage for all involved parties
Medical records
Witness statements
Surveillance footage, if available
Insurance policies

The adjuster will also consider how the accident occurred and whether the insured driver may be legally responsible for your injuries.

Determining Fault

Before a bodily injury case proceeds, fault must be determined. In Iowa, fault in an accident plays a significant role in these types of claims. The insurance company will review the evidence to determine who was negligent, and then decide if the negligence caused injuries.

In some cases, fault is relatively clear. In others, multiple parties may share responsibility, making the investigation more complex.

If fault is disputed, additional evidence or expert analysis may be needed before the claim can move forward.

Evaluating Your Injuries

The insurance company will also review the nature and severity of your injuries.

Factors that may affect the value of a bodily injury claim include:

The type of injury
Medical treatment received
Whether surgery was required
Recovery time
Permanent impairments
Future medical needs
Time missed from work

In many cases, it isn't advisable to settle a claim until you have reached maximum medical improvement or have a clear understanding of your future treatment needs.

Calculating Damages

Once the insurance company has enough information, it will begin evaluating the damages associated with your claim.

Depending on the circumstances, compensation may include:

Medical expenses
Future medical care
Lost wages
Loss of future earning capacity
Pain and suffering
Emotional distress
Permanent disability
Scarring or disfigurement

Every case is unique, and there is no standard settlement amount that applies to all bodily injury claims.

Settlement Negotiations

Many bodily injury claims are resolved through settlement negotiations rather than a trial.

After reviewing the evidence, the insurance company may extend a settlement offer. In some cases, the initial offer is lower than what an injured person believes their claim is worth.

Negotiations often involve several rounds of communication between the parties before an agreement is reached.

An experienced personal injury attorney can negotiate on your behalf and help evaluate whether a proposed settlement fairly reflects your damages. For more information, hire an injury attorney in Des Moines.

What If the Insurance Company Denies the Claim?

Not every bodily injury claim is approved.

An insurance company may deny a claim for a variety of reasons, including:

Disputed liability
Insufficient evidence
Questions about the severity of the injuries
Policy coverage issues
Missed filing deadlines

A denial does not necessarily mean the claim is over. In some situations, additional evidence can be provided, negotiations can continue, or legal action may become necessary.

Filing a Lawsuit

If a fair settlement cannot be reached, filing a personal injury lawsuit may be the next step.

A lawsuit allows both sides to formally exchange evidence, question witnesses, and present their arguments before the court.

While many lawsuits eventually settle before trial, filing a lawsuit may be necessary to protect your rights or encourage meaningful settlement discussions.

It's important to remember that filing a lawsuit does not automatically mean your case will end up in a courtroom.

How Long Does a Bodily Injury Claim Take?

The timeline varies depending on the complexity of the case.

Some relatively straightforward claims may be resolved in a matter of months, while more serious injury cases involving disputed liability or extensive medical treatment can take much longer.

Factors that may affect the timeline include:

The severity of your injuries
The length of your medical treatment
Whether fault is disputed
The willingness of the insurance company to negotiate
Whether a lawsuit becomes necessary

Although it can be frustrating to wait, resolving a claim too quickly may result in accepting less compensation than you ultimately need.

Should You Hire a Personal Injury Attorney?

Not every bodily injury claim requires legal representation. However, hiring an attorney may be beneficial if:

You suffered serious injuries.
Fault is disputed.
The insurance company denies your claim.
Multiple parties are involved.
You are facing significant medical expenses.
The insurance company pressures you to settle quickly.

An attorney can gather evidence, communicate with the insurance company, negotiate on your behalf, and help protect your legal rights throughout the claims process. They can consult about questions like are vespas street legal?

Contact Tom Fowler Law to Learn More About the Personal Injury Process

Filing a bodily injury claim can feel overwhelming, especially when you're focused on recovering from an accident. Understanding what happens during the claims process can help you make informed decisions and avoid costly mistakes.

If you've been injured because of someone else's negligence, Tom Fowler Law is here to help. Serving clients in Des Moines and throughout Iowa, our experienced personal injury team can evaluate your case, explain your legal options, and fight for the compensation you deserve.