What To Do: Your California Personal Injury Claim Checklist

So, what’s a California personal injury claim?

The aggrieved party, also referred to as the plaintiff, files a complaint with the court to start a personal injury case. A complaint is a formal legal document that details the pertinent facts and the specific statutes that the defendant is accused of breaking.

The complaint also outlines the actions the plaintiff wants the court to take, such as awarding damages or giving the defendant a directive to start or stop doing something. Generally speaking, a lawyer should draft the complaint.

The defendant will have the chance to respond to the allegations in a document called an answer following the complaint filing. The defendant may also submit a complaint, commonly known as a counterclaim if they have a personal claim against the plaintiff. Any relevant third parties may also be included in the litigation at this early stage of the action through different procedural steps.

Both sides will want evidence and witness information during the litigation process before trial. Therefore, any relevant information that the other party has must be shared. The discovery phase of the procedure is known as this. Both sides will appear in court at these first stages to provide the judge with updates on the case’s progress. Additionally, the contesting parties may agree to arbitration or mediation in which a trial date is fixed.

What Should You Do To File A Personal Injury Claim In California

You may need a lot of information to track if you’ve been hurt on an accident. Make a “personal injury checklist” to keep everything organized. This is a summary of all the necessary information and paperwork that could be used to start a personal injury claim or legal action:

Pertinent Information You Need In A California Personal Injury Claim:

• Information on how to reach the person who caused your injury or injuries

• Contact information for any more participants in the event

• Date, location, and what happened in the accident

• Names and contact information of any witnesses

• Name, location, and phone number of the hospital or ER you visited following the injury

• Information on how to reach any doctor who treated or examined you

• Information on insurance policies for both your insurance provider and the other party involved

• Dates of the work periods you missed because of the accident or injury

• Any additional pertinent information, such as phone numbers

Crucial Documents For Your California Personal Injury Claim:

• Reports from the police

• Written testimony from the other driver

• Testimony from the witnesses

• Your medical insurance information

• Medical bills, prescription drug receipts, chiropractor visit bills, etc.

• Other essential papers, including health insurance, employment benefits, and veteran’s benefits

• All letters and communication from the other party, witnesses, and other parties like insurance providers or governmental organizations

• Receipts for expenses associated with the harm, particularly for broken property

• Pay slips (if you have lost wages on account of the accident)

• Any pictures or videos taken at the accident scene.

As you can see, even for simple car accident claims, there may be a lot of information to handle. To use as evidence if you launch a case, make copies of the documents and ensure that all the information is accurate. Additionally, it is helpful to write down the details of the experience for future reference in the form of diary entries.

That said, a California personal injury attorney could help you through most of the steps in this checklist. They’ll know what to do and what you need to get the compensation you deserve. More importantly, they can represent you in negotiations and settlements and make sure you’re not getting low-balled by insurance companies.