What Happens In A Personal Injury Claim?

When you get into an accident, you’ll be faced with a lot of medical bills, lost or destroyed property, or lost wages. This could be incredibly frustrating if the person responsible for the accident were neglectful. To know what you might have to go through, here’s a basic step-by-step involved in Personal Injury Cases.

Step 1: Get Emergency Medical Help

The most important thing you can do after an accident is to get medical help as soon as possible. If you are unfortunate enough to be involved in an accident in California, the best thing you can do is call 911 and seek emergency treatment as quickly as possible.

Not only will you receive prompt diagnosis and treatment for your injuries, but you’ll also have a record of when and how they occurred. In addition, if you ever need to file a Personal Injury Claim for your losses, these medical documents will be helpful.

Step 2: Getting A Lawyer

While you are receiving care for your injuries, you might begin looking for a Personal Injury Lawyer in California. A skilled lawyer can assist you in defending your rights and providing advice on how to continue with a claim.

In California, personal injury cases have a two-year statute of limitations. This means you have two years from the date of your car accident to file a lawsuit. As a result, it’s vital to speak with a skilled attorney as soon as possible.

During this time, keep track of your medical bills at all times. Then, to prepare a comprehensive list of compensation demands, your lawyer will combine them with additional proof, such as lost wages and information on impaired earning capacity.

Step 3: Investigation

When you hire an attorney, they can investigate your accident for you. For example, this could involve the following:

1. Compiling and analyzing police records

2. Statements of witnesses

3. putting together medical records

4. Other evidence, based on your case’s specifics

Your lawyer might also hire a private investigator to look for more witnesses or supplementary evidence, such as surveillance videos.

At the same time, your lawyer will begin performing legal research on your case. This will aid in building the most robust case against the defendant and their insurance company.

Step 4: Settlements and Demand Letters

Your lawyer in California will send a demand letter to the at-fault party’s insurance provider. A demand letter will list and detail the facts of the situation, the legal reason why their insured is at fault, and requests that their claim is reimbursed. The insurance company is almost sure to respond with its own settlement offer, which often kicks off the negotiation process.

Most personal injury cases actually end up getting settled before going to trial. If the insurance company knows your attorney is ready, willing, and able to take the case to trial if they don’t give a fair settlement, they will be more driven to make settlements on your insurance claim.

Step 5: Filing A Claim

Only in exceptional circumstances would the insurance company refuse to pay you a fair settlement for your injuries. For example, this can happen if the insurance company doubts the severity of your injuries or the defendant’s guilt.

The actual personal injury claim timetable begins with the filing of the lawsuit. Then, the first two events will occur:

1. Following this, your lawyer has a set amount of time (30 to 60 days) to serve the defendant.

2. After being served with the lawsuit, the defendant has 30 days to answer.

The timing of a lawsuit is controlled in part by court deadlines once it is filed. Your California Personal Injury Lawyer will clarify these rules to you.

Step 6: Discovery

The parties then move on to discovery, a stage of legal procedure in which each party requests information about the matter. Again, there are numerous ways to learn anything, including:

1. Inquiries that the opposite party must respond to in writing

2. Written assertions that must be accepted or rejected by the opposing party

3. A witness in the case was questioned under oath

4. The insurance company may insist on having you examined by a doctor of their choosing

The discovery process might take a long time, depending on the issues at stake in your case and the number of witnesses participating.

Step 7: Mediation

During the pre-trial phase, negotiations are typically underway. If the parties cannot reach an agreement, the case’s judge may order mediation, which is a type of alternative dispute resolution.

A neutral third party (typically a retired judge or an experienced lawyer) assesses the case and listens to both sides’ arguments during mediation. The assigned mediator works with the parties to help them achieve an agreement about the accident. After a case is filed, mediation usually takes place nine to eighteen months later.

Step 8: Trial

Your legal claim will be tried if the parties are unable to reach an agreement. The length of the trial is determined by the number of witnesses and the complexity of the issues under dispute. The length of time it’ll take for the whole process to be done varies from a few hours to a couple of months.

Your lawyer will deliver an opening statement during the trial, followed by the defense. You’ll then have the opportunity to present evidence and summon witnesses. Next, your attorney will ask questions during direct examination, followed by cross-examination by the defendant’s lawyer.

Finally, you will receive your compensation if you win at trial or reach a settlement through mediation. Within 30 days of a decision or settlement, this usually happens.