10 Things You Need to Know Before Filing a Personal Injury Claim
Suffering an injury due to someone else’s negligence can be stressful and life-altering. You may have mounting medical bills, lost income, and pain and suffering. Filing a personal injury claim can help you seek compensation, but it’s important to understand the process before moving forward. Here are 10 things you need to know before filing a personal injury claim in California:
1. Determine If You Have a Valid Claim
The first step is deciding if you have grounds for a personal injury claim. There are two main factors to consider:
- Liability - The other party must be legally responsible for causing your injury due to negligence, recklessness or intentional harm.
- Damages - You must have suffered quantifiable losses like medical expenses, lost wages, pain and suffering damages and other costs.
If liability and damages can be demonstrated, you may have a valid personal injury claim. Consult a San Bernardino personal injury lawyer to fully assess the merits of your potential case.
2. Understand the Statute of Limitations
Each state has statutes of limitations dictating the timeframe you have to file a claim after an accident occurs. This is important, as missing the filing deadline means you forfeit your right to seek compensation for your injuries.
In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. However, there are some exceptions:
- Minors typically have until age 18 or two years from the date of injury to file a claim, whichever date is later.
- In cases involving public entities like government agencies, you may only have six months to file.
- For injuries caused by exposure to toxic substances, the clock may not start until the illness or injury is diagnosed.
- In cases involving fraud or concealment, the timeline may be extended.
With various rules around statutes of limitations, consulting a personal injury attorney is crucial to ensure you do not miss your window to take legal action. An experienced lawyer can examine the specifics of your accident and injury to determine the exact deadline that applies in your case. Relying on their expertise protects your right to pursue the compensation you deserve.
3. Gather Evidence and Document Everything
Strong evidence will help prove liability and damages. Gather things like medical records, doctor and eye-witness statements, accident reports, photos and videos of injuries, property damage and accident scene, proof of lost income and receipts for expenses related to the accident. Also, document details like dates, people involved, conversations with insurance companies, and losses/costs. Thorough documentation helps your attorney demonstrate damages and maximize your compensation.
4. Try Settling Before Filing a Lawsuit
Filing a lawsuit should typically be a last resort. Many injury claims settle out of court through negotiation between attorneys. It’s often best to attempt to settle for a fair amount before filing suit. Demand letters and settlement discussions can happen pre- and post-filing. Experienced attorneys can advise if a settlement seems feasible based on factors like the severity of your injuries, projected costs, insurance policies involved, and the insurer's willingness to negotiate fairly.
5. Hire an Experienced Personal Injury Attorney
An attorney well-versed in California's laws and courts can best protect your rights. They know how to handle insurance companies, thoroughly investigate your claim, determine full compensation amounts and negotiate optimum settlements. If a fair settlement isn't reached, they can file and aggressively litigate your lawsuit. Personal injury lawyers typically work on a contingency fee basis, meaning they don’t collect any fees unless you receive compensation.
6. Understand Compensation Available
Damages may include:
- Medical expenses – Both current and ongoing/future costs
- Lost income and impact on future earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment/quality of life
- Emotional distress
Your attorney will seek full and fair compensation under California law for all your losses, both economic and non-economic. This can include punitive damages in cases of gross negligence or misconduct.
7. File the Claim with the At-fault Party’s Insurance Company
For accidents like car crashes, your attorney will file an injury claim with the at-fault party's auto insurance provider. This involves submitting a demand letter detailing your damages, establishing liability, requesting a settlement amount and providing supporting evidence. The insurer may make a settlement offer, which your lawyer can advise on accepting or rejecting. If the insurer denies the claim or offers an unreasonably low amount, litigation may be the next step.
8. Be Prepared to Negotiate
Insurance providers won’t agree to settlements that seem excessive. Your attorney's job is building leverage through meticulous evidence gathering and skillful negotiations. Don’t expect instant resolution; back-and-forth negotiations are common as both sides make offers and counter-offers. With an experienced lawyer fighting for your best interests, you can feel confident a satisfactory outcome is achievable.
9. Understand the Litigation Process if You Sue
If settling out of court isn’t successful, your personal injury lawyer San Bernardino can file a personal injury lawsuit. The process may involve:
- Filing a complaint outlining allegations and requested damages
- Discovery phase collecting evidence like depositions and interrogatories
- Defense presenting counter arguments and evidence
- Settlement negotiations
- Trial if no settlement is reached
This process can take months or even years depending on the complexity of the case. An attorney handles all litigation intricacies while you focus on recovery.
10. Don’t Delay in Seeking Legal Help
The sooner you consult an attorney after an accident, the better. An immediate investigation helps secure evidence while fresh, identify all liable parties and protect your claim rights. Additionally, insurers may offer quick, lowball settlements hoping injured victims will accept before assessing full losses and consulting an attorney. Don’t jeopardize your case by delaying.
Recovering after an accident is hard enough without having to navigate legal complexities. An experienced personal injury attorney can handle your claim while you focus on healing. If you or a loved one has been injured in California, contact the expert attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free case review. We have successfully recovered millions of dollars for injury victims across the state. Call 800-4THE-WIN (800-484-3946) now to learn how we can help protect your rights and maximize your compensation.
