After you’ve been injured in an accident, it's important to seek immediate medical care, even if your injuries are minor or require a one-time hospital visit. Once you've been treated, filing a personal injury claim is often the best way to obtain proper compensation. Since this process involves a few steps, it’s important to act quickly to ensure your personal injury lawyer can seek a timely resolution. To help you stay prepared, here’s a brief look at the claim filing process.  

5 Steps to Filing a Personal Injury Claim 

1. Seek a Personal Injury Lawyer Consultation

Contact an experienced personal injury lawyer in your area and schedule an initial consultation to review your case. It’s better to seek advice sooner than later, as the statute of limitations in Hawaii only validates claims made within two years from the date of the accident. 

During the consultation, your attorney will review your perspective on the accident and assess damages to determine if you have a valid claim. 

2. Submit a Notification Letter

Next, your attorney will submit a notification letter to the liable party and their insurance company that expresses your plan to file a personal injury claim. At this point, the defendant may acquire legal representation and the insurer may submit a letter that states their intent to investigate the incident.  

personal injury lawyer

3. Conduct Investigation 

Your attorney will investigate all factors involved in the accident to help build your claim and demonstrate fault. This can include collecting witness statements, obtaining surveillance footage of the event, or compiling medical bills and records. 

4. Submit a Demand Letter

Your attorney will then submit a demand letter supported by evidence to the liable party’s lawyer and insurance company. The demand letter will explain the compensation you are seeking and why. For instance, it may demand compensation to cover the cost of medical treatments, lost wages due to inability to work, prospective disability care, and as pain and suffering.  

5. Negotiate 

During negotiations, attorneys on both sides will try to reach a fair settlement that accurately reflects responsibility and damages. If you agree to the offered settlement, the claim will be completed and compensation will be properly allocated. However, if a settlement is not reached, your attorney can file a lawsuit to take your case to trial, where it will be reviewed by a judge and jury. 


If you have questions regarding the litigation process, Remillard & Huynh specializes in personal injury representation and offers legal support to seek the compensation you may be owed. The attorneys have over 45 years of combined experience and will help you build a case. Visit this firm online for more information or call the Honolulu, HI, office at (808) 536-5737 to request a consultation.