How Will My Claim Be Processed?
If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss verification and the like in an effort to verify your damages. The insurance company may make you an offer to settle the claim. You may find the offer acceptable and once you accept it, the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit. Be careful when dealing with the other party's insurance company because they may try to rush you into a settlement before you can adequately evaluate the extent of your damages. If you are in an automobile accident with an uninsured driver who is at fault, the uninsured motorist provisions of your own policy will apply.
You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your injuries. Accurate records should be kept of time you missed from work, medical bills, and property damage repairs. You can document your damages with photographs of your injuries or photos of property damage.
After a lawsuit has been filed, both parties will conduct discovery. Pretrial discovery usually takes about a full year during which time both parties investigate all aspects of the claim. This may include taking oral depositions, obtaining pertinent records, propounding interrogatories, and hiring expert witnesses to obtain more evidence about the claim. During this period of discovery and as the trial date approaches, the parties will exchange settlement offers/demands. A large majority of personal injury claims settle before trial. If you agree to accept a settlement, you will be required to sign an agreement stating you absolve the other party of all further liability in this case.
Other California Personal Injury FAQs
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Q:
I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
A: You can make a claim against another party if they are at fault for your injuries. In general, when a person is injured as a result of another person's negligence, … More -
Q:
Who Is Responsible When A Person Is Injured?
A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More -
Q:
How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in California will handle claims up to $5000. If your injury is a … More -
Q:
How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More -
Q:
How Long Do I Have To Hire An Attorney?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More -
Q:
How Can I Determine How Much My Claim Is Worth?
A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More
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