Filing a personal injury lawsuit in California can be cumbersome and difficult if you don’t know what the process involves, the legal ins and outs, and above all the steps to follow to avoid making mistakes that can be costly and could end in legal defeat.
In this blog we want to talk to you about the steps to follow and some tips on how to file a personal injury lawsuit in California.
Steps to filing a lawsuit in California
Numerous individuals in California endure injuries resulting from another person’s negligence, leading them to consider filing a personal injury claim to seek compensation. However, for those unfamiliar with the legal process, initiating such a claim can be daunting. The Law Offices of Pius Joseph is here to assist. Below, we outline the general steps involved in filing a California personal injury claim.
Personal Injury Claim Process in California
The process of pursuing a personal injury claim can be complicated with some cases settling out of court while others proceed to trial.
Various factors, such as case specifics, evidence strength, and the insurance company’s willingness to negotiate, influence the outcome. Here’s a general guide on what to do:
Consult a Personal Injury Attorney
Although legal representation is not mandatory to pursue a personal injury claim, it is essential to seek the advice of an attorney. Each case is unique, and an attorney can provide personalized guidance after evaluating the details.
In addition, legal professionals can handle all aspects of the claim, from investigation and evidence collection to determining liability, negotiating settlements and representing you in court if necessary. Most cases are resolved through out-of-court settlements.
Identify Responsible Parties
Some personal injury claims straightforwardly point to one party at fault, but in many instances, multiple parties may share responsibility. Determining whom to sue can be complex, and this is where legal assistance proves invaluable.
Attorneys help uncover liable parties through meticulous investigation, countering attempts by the other party’s insurer to shift blame. Their strategic planning aims for the best possible outcome.
Initiate the Claims Process
After establishing liability, gathering substantial evidence is crucial to prove negligence on the part of the responsible party. The insurance company will review your claim, potentially offering a settlement or denying it outright.
A California personal injury attorney can safeguard your rights, ensuring fair treatment during negotiations, as initial settlement offers may not be adequate.
Consider the Statute of Limitations
All states impose time limits, known as statutes of limitations, for filing legal claims, and these limits vary. In California, victims have two years from the accident date to file a personal injury claim.
For cases related to medical malpractice, the timeframe is shorter, with victims having only one year to sue for injuries resulting from medical negligence.
Engage a Reliable and Compassionate Personal Injury Lawyer
Filing a personal injury claim in California may seem overwhelming, especially during recovery. Alex Tofer and his team, with over 20 years of experience, can provide assistance. Our legal team is dedicated to securing maximum compensation for victims.
If you or a loved one has suffered an accident-related injury, call or contact us for a free consultation today.
