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What Do I Need to File a Personal Injury Claim?

do i have a personal injury claim?

If you’ve been injured in an accident or other incident through no fault of your own, or if you’ve been injured by someone else’s actions, you may be entitled to bring forward a personal injury claim. Below is a checklist of items to consider and prepare when getting ready to bring a personal injury case against those responsible for your injuries and losses.

Read more: How Is the Value of a Personal Injury Claim Determined?

Medical Information

Compensation for your injuries and medical expenses is arguably the most important component of a personal injury claim, since those losses often substantiate your claim to other expenses and losses. Make sure that you have:

  • The names of hospitals or physicians and specialists you have consulted with for pain or other symptoms you experienced following your accident, along with the dates of all visits
  • Record all diagnoses you have received from physicians, and note whether the doctor made the diagnosis based on physically examining you or simply through your medical history and records
  • Request a copy of your medical records from all the providers you have consulted or treated with following your accident
  • Keep a copy of all bills, invoices, receipts, and health insurance explanation-of-benefits


Most compensation in a personal injury claim is paid out by insurance companies. As a result, it is important to take care of the following:

  • Make sure to get the names, contact information, and insurance information from all those persons or entities involved in the accident or incident that led to your injuries
  • If applicable (such as in motor vehicle accident cases), notify your own insurance company of the accident and your injuries; waiting too long to do so may render you ineligible to claim coverages you otherwise might be entitled to under your policy
  • Keep a copy of all correspondence and communications you have with any insurance company representatives

Evidence from the Accident

You can help with your claim by preserving evidence from the accident or incident that injured you:

  • If possible, try to preserve all physical evidence from the accident or incident; for example, if you were injured by a potentially defective product, keep the product that injured you (if safe to do so)
  • Take pictures of the accident scene as soon as possible, including all details relevant to the type of accident, such as vehicle damage in a motor vehicle accident, or the condition of property that injured you in a premises liability case
  • Note whether any cameras may have captured the accident and your injuries, and request the camera’s owner or operator to preserve any relevant footage

Documenting Your Losses

Your personal injury claim will only be successful if you can prove that you suffered some form of loss that you can be financially compensated for. Be sure to keep records such as:

  • All receipts, bills, and invoices from medical treatments
  • Copies of your pay stubs or income statements, which can help prove your right to compensation for lost wages or lost earning capacity
  • A diary or journal of your recovery from the accident and the impacts your injuries have had on your life, which will help substantiate your claim to compensation for pain and suffering

Selecting a Personal Injury Lawyer

Hiring a personal injury lawyer can help improve your chances of successfully recovering compensation. Several tips for choosing a lawyer or law firm for your case include:

  • Ask family, friends, and neighbors for referrals for personal injury attorneys they may have worked with in the past. Alternatively, you can contact the state bar or a local bar association for referrals to attorneys or law firms
  • Don’t choose a lawyer based solely on website advertising, but instead take the opportunity for a free consultation, if offered, to ask the lawyer or law firm questions to understand if they might be right for you and your case

Contact a Red Bank Personal Injury Lawyer to Discuss Your Accident Case in New Jersey

Were you or a loved one injured in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Red Bank, Howell, Freehold, Marlboro, Middletown, Manalapan, and throughout Monmouth County, Ocean County and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet and Brick.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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