How Do I File A Personal Injury Claim?
Filing a personal injury claim doesn’t have to be intimidating. After all, you are legally entitled to receive compensation for the damages you incurred after an accident. In this article, we’ll help with a step-by-step guide on how to file for a personal injury claim.
What is Personal Injury?
Personal injury claims are legal disputes that arise when someone has suffered an injury or property damage due to another person’s negligence or a purposeful act.
Injuries incurred from car accidents and dog bite incidents are examples of personal injury. Regardless if the victim acquired severe injuries or not, the bodily harm and exemplary damages caused by the accident are covered by a personal injury claim.
Here are the common types of personal injury claims:
- Car accidents
- Premises liability claims
- Dog bite incidents
- Wrongful death
- Medical malpractice
- Workplace injuries
How do I File a Personal Injury Claim?
Anyone who has suffered from work-related injuries, animal attacks, or slip-and-fall accidents may be entitled to receive compensation. Before filing for one, an experienced lawyer can help review the facts, conduct further investigation, and build a solid personal injury case.
The following are necessary steps to take when filing for a personal injury claim:
Seek Immediate Medical Treatment
It’s best to consult a doctor immediately after the accident, even if you aren’t experiencing severe symptoms or injuries.
Securing a medical report from a licensed health professional helps strengthen your personal injury claim and increase the chances you get the compensation you deserve.
Without undergoing medical consultation or treatment, the other party may use this as an excuse to raise doubt about the extent of your injuries in court.
Gather Evidence and Other Relevant Documents
Support your personal injury claim by keeping a comprehensive record of medical treatments, proof of lost wages, and other relevant documents.
It’s best to take photographs that show the severity of property damages and injuries sustained from the accident.
Hire an Experienced Personal Injury Lawyer
The process of filing a claim can be tedious and time-consuming. For a better understanding of your case, it’s best to contact a personal injury lawyer to help you navigate the nuances of the accident.
While some cases result only in minor injuries, you don’t have to process everything alone. Hiring an experienced attorney helps simplify the process and seek proper compensation.
Inform the Concerned Party and File a Claim
Before filing a personal injury claim, you’ll need to notify the other parties involved. Your attorney may take the initiative to advise the defendant and their insurance company by sending them a letter detailing the case’s specifics. Afterward, you may proceed with filing the claim.
Negotiate a Settlement
Your lawyer may appeal for compensation from the party at fault. If you reach a settlement that you and your lawyer are happy with, you can go forward with the offer and receive the appropriate amount of damages.
Otherwise, if you fail to negotiate a settlement with the other party, you may file a lawsuit to recover the compensation you need.
File a Lawsuit
Most personal injury cases can be settled without having to go to court. But if you aren’t satisfied with the offer put forward by the responsible party, you can file a lawsuit.
This process involves filing a complaint for damages that details your claims and how much compensation you expect to receive. During litigation, you’ll need to exchange information with the other individual, and you may be asked to give a deposition.
When the case goes to trial, you and your lawyer will present evidence to the court, and the jury will deliberate on the evidence’s credibility. Afterward, the judge or jury will decide how much you’ll receive for damages.
Do I Need to File a Civil Lawsuit?
No, you do not always have to file a civil lawsuit. You can file one in state or federal court if you aren’t happy with the responsible party’s offer and fail to resolve the matter.
Should you push through with filing a lawsuit, it’s important to secure and keep a record of the following documents:
- Complaint or Petition: A document that identifies the legal basis of your lawsuit.
- Summons: A file that explains to the defendant that they are being sued. It contains the signature of a court clerk and the seal.
- Service of Process: The act of serving the defendant with the summons and the complaint. It usually takes 30 days after submitting your complaint and summons.
Statute of Limitations in California
According to the statute of limitations in California, you need to file a lawsuit within two years after the date of the accident. Keep this deadline in mind because once it expires, you may not be allowed to file your claim in court anymore.
Below are some cases wherein the statute of limitations may be delayed:
- If the victim is a minor at the time of injury, the statute will only begin after turning 18
- If the plaintiff is mentally incapacitated, the deadline only becomes valid after the victim gains the mental capacity to do so
What Makes Adamson Ahdoot Exceptional?
Our trusted team of lawyers can help simplify the process to file a personal injury claim for you. Adamson Ahdoot is a boutique firm that exemplifies the exceptional expertise of a larger firm.
With more than 100 years of combined legal experience, our full-service civil litigation firm serves a wide range of clients dealing with personal injury cases, from car accidents to workplace injuries and more.
We combine compassion with professionalism, and our philosophy involves putting people first. At Adamson Ahdoot, we walk the line between aggressive advocacy and unwavering client support.
Seek a Personal Injury Attorney in California
Let our dedicated lawyers help you with your personal injury case in California. At Adamson Ahdoot, we meticulously investigate each case to determine the best course of action.
For more inquiries or questions regarding personal injury claims, don’t hesitate to contact us.
Talk to a licensed personal injury attorney at Adamson Ahdoot today. We offer free consultations in English or Spanish. Call us at (800) 310-1606 today to book your free consultation with a premier injury attorney.
Above all else, our clients come first. We go above and beyond to obtain the highest level of compensation possible.Meet Our Attorneys
Multi-Focus Law Firm
Adamson | Ahdoot has successfully executed a plethora of personal injury cases.Cases We Handle
Get in touch with our firm
Our team can better advise you on your legal options once we receive any available evidence about the incident.Take Action Now