The first step in any claim is to serve a claim form on the person at fault and ask them to pass that form onto their insurer (if they have one)
The person/insurer will then investigate the circumstances of the accident. They will have six months in which to determine whether they are going to admit or deny fault for the accident.
In that time, we would also be working to obtain information and material that would support your claim (including medical records, financial documents etc).
Once your injuries have stabilised then you will need to attend medical examinations in order to assess the long-term affects of your injuries.
Ultimately the parties would participate in a settlement conference, once all investigations are complete. If the matter is unable to be resolved at the settlement conference the matter would then proceed forward to a trial. However, that does not mean your matter would actually go to trial, the parties are able to continue with settlement negotiations. Only about 2% of matters ever end up in court. The rest are resolved through negotiations.