You sustained injuries in an accident caused by another party and the costs that you will be burdened with are considerable. You want to file a personal injury claim to recoup your losses. Before you do this, understanding the basics and the personal injury claims process is essential.
There are several steps to take and things that can happen after you decide to file a personal injury claim. This is why it can be advantageous to work with an experienced attorney who understands tort law.
In California, the Los Angeles personal injury lawyers at Leiva Law Firm are resourceful, skilled, and prepared to help you get the most compensation possible from your California personal injury claim.
Filing a Personal Injury Claim in California
After an injury accident, it is important to quickly see a doctor and be diagnosed and treated. The information related to your medical care and your injuries will be critical evidence to use in your suit and also to help put a value on your case.
It is necessary to get started with your injury claim soon after your accident and medical treatment. The statute of limitations governs the length of time that a claimant has to take legal action and sue. The California personal injury statute of limitations is two years from when your injury accident took place. If you delay in starting your legal action, then you could be risking your ability to recover compensation. While there are instances where the deadline to file a suit can be extended, for the majority of cases, failure to file in time will mean your suit will be thrown out and you will lose your right to compensation.
It is your duty to prove that another party or entity was negligent and caused your accident and resulting damages to be successful with your personal injury claim. Using plenty of evidence like pictures, video footage, doctors’ notes, and information related to medical treatment, missed wages, and more can help you do this.
If you are successful with your claim you will be able to secure some amount of economic and non-economic damages. Economic damages have a clear, tangible cost while noneconomic damages do not. For example, a doctor’s bill is economic damage while your pain and suffering are noneconomic.
Since California follows a comparative negligence system, you might not obtain the full amount of compensation you are seeking. This is because the system says that if you are found to be responsible for causing your accident, you will have the total amount of compensation you recover reduced by your share of liability.
Usually, when you file a claim with an insurance company, negotiations will get you to a settlement. An attorney can handle negotiations on your behalf so that you can get all of the compensation you are owed and aren’t agreeing to less than what our damages are. Claims oftentimes do not turn into lawsuits, but when there is no way that an agreement can be made, a lawsuit can come about. Then, you will go to court to have your personal injury suit decided.
Speak to an Attorney at the Leiva Law Firm Today
Call the Leiva Law Firm today to schedule a free consultation with an experienced attorney at (818) 519-4465.
