How to File an Injury Claim and Get It Paid
Reviewed by Mason Arnao · Updated October 17, 2026
Insurers, employers and agencies each have their own forms, notice rules and deadlines. We walk you through every step of your claim in plain English, and a claim specialist can review your situation for free.
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Get help with your claim
Tell us what happened. A claim specialist reviews it and calls you back, usually the same day.
- Send the short form
- A specialist reviews your claim
- We call you to explain your options
Submitting this form does not create an attorney-client relationship. Legal Lawsuit is not a law firm.
Choose the claim you are dealing with
Each guide covers one type of claim from the first report to a decision: who you file with, what to send, the deadlines and how to respond to a denial.
How an injury claim works, step by step
The names change from one claim to the next (an auto insurer, an employer's carrier, the Social Security Administration, a school district), but most claims follow the same six steps.
Get care and make the first report
Treatment comes first, and it also starts your medical record. Then report the event to whoever must be told: the police after a crash, your employer after a work injury, the institution or law enforcement after an assault.
Collect the records
Photos, the report number, witness names, medical bills, pay stubs and every letter you receive. A claim is decided on documents, so keep copies of everything you send and receive.
Notify the right payer
Identify who pays and open the claim with them: your own auto policy, the at-fault driver's insurer, your employer's workers' comp carrier or a government agency. Write down the claim number and the adjuster's name.
Track every deadline
Notice deadlines can be days or weeks, not years. Statutes of limitations, agency filing windows and appeal deadlines are separate clocks, and missing one can end the claim.
Submit the claim or demand
Send the completed form or a written demand with supporting records. Answer requests for information in writing and on time, and be careful with recorded statements.
Respond to the decision
If the claim is paid, check that the payment covers what was claimed. If it is denied or underpaid, ask for the reason in writing; most denials can be appealed, reconsidered or disputed.
Deadlines that can end a claim
Four examples of how short claim clocks can be. Your deadline depends on the claim type and your state, which is what the guides above and a claim review help you pin down.
Florida's no-fault benefits require initial medical treatment within 14 days of the crash (Fla. Stat. §627.736).
An injured worker must tell the employer within 30 days of the injury, or of when it first shows up (Fla. Stat. §440.185).
You have 60 days after you receive an SSA decision to request reconsideration, the first appeal step (SSA).
A charge of discrimination, including sexual harassment, must be filed with the EEOC within 180 days, or 300 where a state or local agency enforces a similar law (EEOC).
When the insurer or agency says no
A denial letter is not always the final word. Before you reply, find out exactly why the claim was refused. Common reasons include:
- a missed notice or filing deadline
- a gap between the injury and the first medical visit
- a dispute over who was at fault or whether the injury happened at work
- missing records, or a form filled out incompletely
- a policy exclusion or coverage limit
Each reason has a different fix: a late-notice exception, added medical evidence, a reconsideration request, an appeal to a state board or agency, or a complaint to your state insurance department. Our claim guides explain the options for each claim type.
Why people start their claim here
- Built from the rules themselves. Our guides cite the statutes, agency rules and insurer procedures that govern each step, so you can check them.
- One claim type per guide. No mixing a car accident claim with a workers' comp claim; each page covers one process from start to finish.
- A real person when you want one. Call, text or send the form at any hour for a free, confidential claim review.
- No pressure. The review costs nothing and you decide what happens next.
Wondering what your claim could be worth? Value questions are covered by our sister site, TortAdvisor, which publishes free settlement calculators. Legal Lawsuit focuses on getting the claim itself filed and decided.
Common questions about filing a claim
Is a claim the same as a lawsuit?
No. A claim is a request for payment or benefits made to an insurer, employer or agency. Many claims are resolved without a lawsuit. A lawsuit is filed in court, usually when a claim is denied, underpaid or close to a legal deadline.
Do I need a lawyer to file a claim?
Not always. Many people file their own insurance, workers' comp or SSDI claims. A lawyer becomes more important when the injury is serious, fault is disputed, a deadline is close or the claim has been denied. A free claim review can help you decide.
Should I give the other driver's insurer a recorded statement?
You are generally not required to give a recorded statement to the other driver's insurer, and what you say can be used to dispute the claim. Your own policy may require you to cooperate with your insurer, so read it or ask before you agree.
What does Legal Lawsuit do with my information?
We use it to review your claim and, if you ask, connect you with a legal professional who handles that type of claim. See our privacy policy for details.
Not sure where your claim stands?
Send the details and a claim specialist will review them with you at no cost, or call (833) 333-0905 any time.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Reading this site or contacting us does not create an attorney-client relationship. Deadlines and rules vary by state and claim type. Legal Lawsuit and TortAdvisor are under common ownership. How we write and review our guides.
