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Many people struggle to navigate the complex process of filing a personal injury claim, often resulting in delays or denials when pursuing compensation. What if you could take control of your situation and seek the compensation you may need to move forward? This guide will show you how to file a personal injury claim, avoiding common pitfalls and helping you pursue the compensation you may be entitled to.
A personal injury claim is a process through which an individual seeks compensation for losses caused by another party’s careless, reckless, or intentional actions. These claims typically arise from car collisions, slip-and-falls, product liability cases, or other situations where someone’s actions result in injury or harm. A personal injury claim can help you pursue the funds you may need to cover your bills, care for yourself, and address the suffering you have endured.
After an accident, you must get medical help, gather evidence, and report the incident to the authorities. The claims process usually starts with a demand letter, followed by filing a formal claim with the at-fault party’s insurance company, which triggers an investigation. During settlement negotiations, you and the insurer will work toward reaching an agreement. If both sides agree, the claim ends with a settlement, and you’ll receive financial compensation without needing a trial.
Having a personal injury lawyer on your side can provide guidance throughout your case. They can help you assess the full extent of your damages to help you pursue a settlement that closely reflects their value. Attorneys will also prepare all legal documents and file them on time, preventing costly mistakes that could jeopardize your claim.
Understanding The Process Of Filing A Personal Injury Claim
After an accident, victims may face overwhelming medical bills, a loss of income due to time off work, and long-term physical or emotional impacts. If someone else’s negligence caused your injury, you may be eligible to file a personal injury claim against them, usually through their insurance. By filing a claim, you can seek compensation that aims to relieve the financial burden of a situation that wasn’t your fault.
Here is the process for filing a personal injury claim:
Get Medical Help
Getting medical attention after an accident is crucial, even if you don’t think your injuries are severe. There are two primary reasons why seeking prompt medical treatment is essential. First, consulting a doctor will ensure you are diagnosed and treated for your injuries. Some injuries can worsen over time and lead to serious, life-altering complications if left untreated. Second, your medical records can provide evidence directly connecting your injuries to the incident.
Gather Evidence
Evidence forms the foundation of your personal injury claim. Unfortunately, evidence can be easily forgotten or lost over time, so acting quickly is essential. Begin by taking photographs of your injuries and the scene from various angles so that you capture all relevant details. Don’t forget to gather the contact information of any witnesses who observed the accident. Their testimonies can significantly support your case by providing an independent account of what occurred.
You should also write down everything you remember about the incident. Keep records of your medical treatment, including bills, prescriptions, and follow-up visits.
Here are some other relevant pieces of evidence:
- Reports from the police, employer, or any other authorities.
- Expert witness statements.
- Physical evidence at the scene.
- Involved parties’ statements.
- Surveillance or CCTV footage.
Report The Accident
It is vital to report the incident to the authorities as soon as possible. Official documentation can be extremely helpful in preserving significant details about the incident.
In many states, reporting certain types of accidents is required, particularly those involving severe injuries or property damage. Failing to report can result in legal repercussions and may jeopardize your ability to file a claim later.
Hire A Personal Injury Attorney
Find and hire a skilled personal injury lawyer right away. They can independently investigate the accident to build an evidence-backed foundation for your claim. Additionally, they can help advocate for your rights throughout the process, working to prevent you from inadvertently saying or doing anything that could harm your case. With the right lawyer, you can focus on your recovery rather than getting stressed from the legal proceedings.
Send A Demand Letter
Upon identifying the party at fault, your personal injury lawyer will draft a demand letter. The letter will inform the other party (defendant) of your intention to seek damages. It will be addressed to them and/or to their insurance company. The demand letter would include your request for compensation, a description of your injuries, and why the other party should be held responsible.
The defendant (or their insurance provider) may ignore or respond to this demand letter. If you cannot resolve the issue with your demand letter, your lawyer will draft a claim for damages and serve it on the defendant.
File A Claim
The next step is to submit your claim to the liable party’s insurance company. Most insurance companies require you to complete a formal claim form. This form will ask for supporting details about the accident, including the date, time, location, and a description of what occurred. Be thorough and accurate in your responses, as discrepancies can lead to delays or denials. A personal injury attorney can assist you in filing your claim to minimize any errors that could compromise your case. In California, insurers must acknowledge receipt of your claim within 15 days.
Claims Investigation
The insurance company of the liable party investigates the claim. They determine whether their policyholder caused your injuries or damages. An insurance adjuster typically handles this investigation. Their role is to evaluate the evidence, review reports, and determine the extent of liability. However, it’s important to note that insurance adjusters do not advocate for the injured party; their primary responsibility is to protect the insurance company’s interests.
A personal injury lawyer works on your side. They can also conduct an independent investigation, gathering crucial evidence about your case. They are aware of all the necessary documents needed to support your claim.
Settlement Negotiations
After the insurance company completes its investigation, it will present an initial settlement offer. Most of the time, the initial amount is often lower than the potential value of a victim’s losses. Remember, these companies offer such settlements early, when the full extent of your damages has likely not manifested yet. Don’t feel pressured to accept your first offer; let your lawyer handle the negotiation process on your behalf.
Your injury attorney will typically wait until you have reached maximum medical improvement (MMI) before negotiating a settlement. MMI refers to the point at which your medical condition has stabilized, and further treatment is unlikely to change your condition significantly. Your attorney will then take the lead in negotiations, using their experience handling these discussions to push for a settlement based on the evidence and damages you’ve incurred.
They will work to factor in all present and future costs, such as the following:
- The costs of immediate treatment, rehabilitation, and long-term care.
- Property damage.
- Out-of-pocket expenses.
- Disfigurement, impairments, and disabilities.
- A decrease in quality of life.
- Emotional distress or mental anguish.
- Physical pain and suffering.
- Lost income and a decrease in earning capacity.
- Loss of enjoyment of life.
Negotiations often involve back-and-forth exchanges. The process could take weeks or months. Your injury attorney will help you anticipate and prepare for possible counteroffers. They will help you decide when it may be beneficial to accept an offer or when it’s prudent to hold out for a better deal.
Final Settlement
A settlement occurs when both parties agree on compensation without needing a trial. It is a legally binding agreement that resolves your claim. Once a settlement is reached, you typically agree to release the insurer from further liability related to the accident in exchange for compensation. The insurance company sends a check to your lawyer once you sign the settlement agreement.
Your lawyer will deduct the following amounts from the settlement proceeds:
- Costs of the Case — These include litigation fees, administrative expenses, expert witness fees, and any other costs incurred during the claims process.
- Medical Bills/Liens — A medical lien is a legal claim by a hospital or doctor. A lien allows these healthcare providers to recover the services or products they have provided from your settlement.
- Subrogation Claims — If your insurance provider covered your medical expenses or other losses due to the accident, they may file a subrogation claim to recover those costs from the settlement.
- Contingency Fees — Personal injury attorneys usually work on a contingency fee basis. You only pay the attorney’s fees if you obtain compensation, with the fee typically a pre-agreed-upon percentage. As mentioned above, other costs related to the case may apply irrespective of the outcome of your claim.
If your claim resolves with compensation, you will receive the remaining proceeds from your settlement. After everything is processed, it might take a few weeks for you to receive your check.
What To Do To Support Your Personal Injury Claim
Filing a personal injury claim can be complex, and specific actions can help support your case. Unfortunately, some missteps could weaken it. Here are some key dos and don’ts to keep in mind if you’re pursuing compensation for your injuries:
- Seek medical attention regardless of how significant your injuries might seem. A thorough evaluation provides a record of your injuries and treatment, which may be helpful if you decide to file a claim for personal injury.
- Follow your doctor’s advice after a thorough medical evaluation. Failure to comply with the treatment plan could impact your personal injury claims.
- Immediately notify your insurance company of your injuries. In addition, this could help you with the documentation of your claim.
- Seeking legal advice as soon as possible is beneficial. An experienced personal injury attorney can guide you on handling insurance adjusters, gathering evidence, and pursuing compensation. They’ll also help you understand the claims process and your rights, protecting you from mistakes that could hurt your case.
- Although you may want to settle your claim immediately, you should not accept the first offer you receive. It is ideal to refuse payouts from insurance companies if you still do not know the full extent of your damages.
Factors Affecting Personal Injury Claims
Several variables can affect the outcome of a personal injury claim:
- The Severity of the Injury — Severe injuries typically result in higher compensation due to increased medical expenses and extended recovery periods. Some examples of severe injuries are:
- Back Injuries
- Broken Bones
- Traumatic Brain Injuries
- Eye Injuries
- Spinal Cord Injuries
- Burn Injuries
- Amputation injuries
- Head Injuries
Even seemingly “minor” injuries, such as whiplash, sprains, strains, cuts, or bruises, can result in significant pain, disrupt your daily activities, and negatively impact your work performance. Filing a claim can help you pursue compensation for the resulting costs from the responsible party. However, it’s important to note that the severity of your injuries is not the sole deciding factor when it comes to estimating your claim’s potential worth. Consult with skilled personal injury attorneys who can guide you on a suitable approach for your situation and help you pursue compensation accordingly.
- Impact on Quality of Life — How the injury affects your daily activities, ability to work, and mental health may influence your compensation.
- Legal Counsel — Having competent injury attorneys on your side can also make a big difference in handling your case. An experienced attorney can help you meet all legal and procedural requirements, reducing the risk of errors that adversely impact the claim.
- Negligence — If negligence is straightforward, such as in cases involving clear law violations or reckless behavior, settlement negotiations may be more straightforward for the plaintiff. However, if liability is unclear, insurers may argue that the injured party shares responsibility, which can complicate the claim and reduce the settlement offer.
Proving Liability In Personal Injury Claims
Most personal injury cases hinge on negligence, without which there would be no liability. The injured victim is responsible for proving that the at-fault party was negligent. You need to establish four key elements of negligence in your case to be eligible for compensation:
- Duty of Care — The plaintiff must show that the defendant owed them a duty of care. This means the defendant had a legal responsibility to act in a way that would not harm others. For example, drivers must follow traffic laws and drive safely to avoid hurting others.
- Breach of Duty — The plaintiff must prove that the defendant breached their duty by acting carelessly or failing to act as a reasonable person would. In the context of car accidents, actions that breach the driver’s duty of care may include speeding, ignoring traffic signals, or reckless merging.
- Causation — The plaintiff must also show a direct link between the defendant’s breach of duty and their injuries. Medical records, toxicology reports, eyewitness testimonies, footage of the incident, and more can prove causation.
- Damages — There must be evidence of losses to support a negligence claim. The plaintiff must demonstrate that the accident caused their injury and that they suffered losses. Medical records, police reports, photos of the scene, and other key pieces of evidence can prove damages.
Under the legal doctrine of negligence per se, there is a presumption of negligence if the defendant violated a law or regulation designed to protect the type of harm the plaintiff suffered. Negligence per se applies when an established law or regulation dictates a specific standard of conduct, and breaching that standard leads to an injury. For example, a tenant sustains fire-related injuries in a burning apartment where the owner failed to install fire alarms. The building codes protect tenants from fire hazards, which makes the owner potentially negligent per se.
Other Sources Of Liability
In addition to the traditional concept of negligence, other legal doctrines may apply in personal injury claims, which help establish liability in cases where proving traditional negligence might not be necessary. These include strict liability, vicarious liability, and others. Here are some of those:
- Strict Liability — This concept holds a defendant responsible for harm caused by their actions, regardless of intent or negligence. This applies to inherently dangerous activities or defective products. For example, a manufacturer can be held strictly liable for harm caused by a defective product, even without negligence. It also applies in cases involving dog bites, hazardous substances, or wildfires. In the case of wildfires, strict liability by inverse condemnation can hold utilities or government entities accountable for damage caused by their actions, even if they were not negligent, due to the inherent risks of their operations.
- Vicarious Liability — Vicarious liability holds one party responsible for the actions of another, usually in an employer-employee relationship. In personal injury cases, an employer is liable for an employee’s negligent actions if they occurred within the scope of employment. For example, if a delivery driver causes a car accident while on the job, the employer may be liable for the injury, even if they weren’t directly involved.
- Intentional Torts — These occur when someone intentionally harms another person. Examples include assault, battery, false imprisonment, and emotional distress. In personal injury claims, victims can seek compensation for the harm caused by the defendant’s deliberate actions.
If you have solid evidence to support your claim, you have a better chance of being eligible to pursue compensation. Find out if you have a case by filling out our “Do I Have A Case?” form.
What Happens If The Insurance Company Refuses To Settle?
If the insurance company is unwilling to settle your claim fairly, your injury lawyer may suggest you pursue a personal injury lawsuit.
Negotiations usually settle injury claims. However, there may be situations in which you will have to go to court to seek damages. A lawyer for accident cases can guide you through these procedures:
- Filing — The initial filing of court papers will include details about the case against the at-fault party and the damages you seek. In most cases, the insurance provider will dispute your claim or damages in response to your complaint.
- Discovery — Both parties have the chance to discover or request additional evidence.
- Mediation — Courts and/or attorneys commonly recommend mediation before trial to resolve conflicts. An impartial third party facilitates the process and is a general facilitator of discussions and negotiations. Mediators can only promote mutual agreement and cannot render a legally binding judgment.
- Trial — You may have to go to trial if mediation fails. Your personal injury lawyer presents your case to a jury or judge. They will prepare you to help you understand what to expect.
- Verdict — Following the trial, it is the judge and/or jury’s responsibility to render a verdict. In some cases, either party may appeal the ruling.
Not all lawsuits end up in court, even if already filed. Most personal injury lawsuits settle through mediation before going to trial. You can work with personal injury lawyers who have experience litigating cases like yours.
How Experienced Personal Injury Attorneys Can Help
Sometimes, filing an injury claim in court may be a feasible option for pursuing compensation in your case. Getting in touch with a personal injury attorney should be your first step. They can provide unbiased, knowledgeable assessments on whether you have a case, how much you’ve lost, and whether you need legal representation.
Here are some of the things accident lawyers can do for you:
Help You Understand Your Rights
A personal injury attorney will help you identify the legal grounds for your claim and explain how state laws apply to your situation. For instance, if you sustained an injury in a slip and fall accident, a lawyer can explain premises liability laws and how they relate to your case.
Knowing your rights and the type of claim you’re filing will also clarify critical details, such as the statute of limitations, which sets the deadline for legal action. Under California’s statute of limitations, you generally must file your claim two years from the accident date. If you fail to file your claim within two years, you will lose the opportunity to file. Notably, there are some exceptions that could extend or shorten this deadline in your case, which a lawyer can explain to you.
Collect Evidence And Investigate The Accident
During the investigation, a personal injury lawyer will gather information from witness accounts, police reports, and medical records. In addition to supporting your case, this evidence can help you identify who may be liable and how much loss you have sustained.
Calculate Damages
Determining the full extent of your damages is a key step in pursuing compensation. An experienced injury attorney can evaluate the total cost of your medical expenses, lost wages, property damage, and non-economic damages, such as pain and suffering. If necessary, your attorney may consult with medical professionals or economic experts to provide additional insight into the potential value of your case.
Negotiate With Insurance Companies
Insurance companies are already familiar with how to conduct settlement negotiations, which can be overwhelming for someone without legal experience. An injury lawyer will represent your interests in negotiations, helping you counter low settlement offers and working to pursue compensation for your losses. They can escalate the matter to court if settlement discussions don’t result in an offer.
Represent You In Court
An experienced personal injury lawyer will represent your interests if your case goes to trial. They will present your case before a judge and jury, cross-examine witnesses, and argue for your right to pursue compensation. Having a skilled litigator on your side can ultimately help you seek damages in court.
Types Of Personal Injury Cases
Injuries resulting from the negligence or reckless actions of others can have devastating effects on victims and their families. Personal injury law provides recourse for individuals harmed by such behavior, allowing them to seek compensation for their losses. This area of law encompasses a wide range of cases, each arising from different circumstances.
Here are some of the most common types of personal injury cases:
- Bicycle accidents
- Pedestrian accidents
- Car accidents
- Workplace accidents
- Dog bites
- Motorcycle accidents
- Product liability cases
- Slip and fall accidents
- Truck accidents
- Wrongful deaths
If you or someone you know has suffered an injury in the above scenarios, consult a knowledgeable personal injury attorney. They can help assess your case, guide you through the claims process, and work to pursue the monetary recovery you may deserve under California law.
Frequently Asked Questions
What Happens If You’re Partly At Fault For Your Injuries?
If you find yourself injured in an accident where you are partly at fault, you may still have the right to seek compensation for your injuries. However, the amount you can pursue may be affected by your level of fault.
Many states follow the doctrine of “comparative negligence.” This means that if the injured party is found partially responsible for the accident, their compensation is reduced in proportion to their level of fault.
Comparative negligence laws vary by state, with some states following “modified comparative negligence,” where a plaintiff can only seek damages if their level of fault is below a certain threshold (e.g., less than 50%). In states with pure comparative negligence laws, such as California, you can pursue damages even if you are more at fault than the other party. For instance, if you are 70% at fault, you can still seek 30% of the damages.
Should I Accept The First Offer?
Whether you should accept the first settlement offer depends on several factors, including the amount of the offer and the extent of your losses. Before deciding, it’s crucial to thoroughly evaluate the harm you have suffered, considering your medical expenses, lost income, and any other damages related to your injury.
It’s important to remember that the initial offer from an insurance company may be lower than what you may be entitled to. You have the right to negotiate for a more appropriate amount. If you are still dealing with the effects of your injuries, seeking legal assistance can be helpful.
If you decide to decline the initial offer, you can still resolve the claim without going to trial. Your personal injury lawyer can negotiate to pursue another settlement amount. Your accident lawyer will also review any revisions to a settlement agreement.
Can I Handle My Personal Injury Claim Without An Attorney?
Accidents can be incredibly stressful. If you get injured in one, you might ask yourself, “Do I need a personal injury lawyer?” While it is technically possible to handle your personal injury claim without an attorney, it is generally more difficult to do so. A personal injury attorney will help you seek compensation and allow you to focus on your recovery rather than getting bogged down in legal details.
Many individuals who attempt to handle their claims without legal representation tend to underestimate the value of their injuries or overlook potential damages. This can result in accepting a settlement that does not adequately compensate for their losses. Personal injury lawyers can help you consider all aspects of your claim and assist you in pursuing compensation accordingly.
How Much Does It Cost To Hire A Personal Injury Attorney?
The cost of hiring a personal injury attorney depends on the complexity of your case. If it requires more investigation or case preparation, involves negotiating with multiple at-fault parties or their insurers, or needs to be taken to court, legal representation may be more expensive. However, you don’t necessarily need to pay an attorney right away.
Our personal injury lawyers charge contingency fees, meaning they only get paid attorney’s fees if they win your case in court or successfully negotiate a settlement. This fee allows you to pursue your claim without paying anything up front. In this scenario, it is usually a percentage of the amount you win. Take note that certain other case-related costs may still apply regardless of how a claim resolves.
Can I File A Personal Injury Claim If The Accident Happened At Work?
Yes, you can file a personal injury claim if the accident occurred at work, but the process may differ based on the specifics of your situation. The U.S. Department of Labor generally provides compensation benefits through the Office of Workers’ Compensation Program (OWCP).
If a third party caused your injury, such as a contractor or equipment manufacturer, you may be able to file a personal injury claim against that party in addition to seeking workers’ compensation benefits.
Given the complexities involved in these cases, consulting with a personal injury attorney with experience handling work injuries can be helpful. They can help you understand your options so you can decide on your next course of action for pursuing compensation.
Get Help Filing A Personal Injury Claim Today
You may feel traumatized, overwhelmed, and uncertain about what to do after being injured in an accident. You may be looking for someone to advocate for your rights. As an established California personal injury law firm, we have helped pursue compensation for our clients and offer dedicated, personalized representation for victims like you.
You don’t have to navigate this challenging time alone. Let us handle the legal intricacies while you focus on your recovery. Aside from our car accident lawyers, who handle different types of road crashes, we have a team of personal injury attorneys who can help you seek compensation for your medical bills, lost wages, and other losses incurred across different types of accidents. If you can’t come to us, we can come to you by appointment, anytime, anywhere in California.
Call our injury lawyers at (888) 488-1391 or use our online contact page to arrange a free case review. Under our contingency fee agreement, we won’t charge you the attorney’s fees unless we win your case or secure a settlement. As a client, you may still have to cover other case-related costs regardless of your claim’s outcome.
