Filing a personal injury claim can be a complex and overwhelming process if you try to navigate it alone. But by following a few key steps and working with an experienced attorney, you can increase your chances of receiving compensation and reduce your anxiety about the process. They can help you with the details of filing a personal injury claim, including gathering documentation, pursuing litigation, and more. Plus, experienced personal injury lawyers are available in Los Angeles, CA, now!
Davana Law Firm is proud to offer sound legal advice to victims of personal injury incidents. Our professionals work in over 9 practice specialties, from automobile accidents to dog bite injuries. We’re so confident in our work that we charge zero fees until we reach a successful outcome. Contact us online or at (818) 501-1055 and receive a free case evaluation today.
Below, we explain how to file a personal injury claim:
Gather Relevant Documentation
First and foremost, seek medical treatment for your injuries. Prioritize your physical well-being and get the medical attention you need. Receiving treatment and following your treatment plan also serves to document the extent of your injuries and their impact on your life.
In addition to medical records, gather all other relevant documentation about the incident. This material may include police reports and witness statements if an accident caused your injury. Stay organized and keep good records of this process. Keep copies of all documents, as these will be critical to supporting your claim. Also, track all medical appointments, expenses, and communications with the insurance company or other parties.
Prepare to file your claim within the statute of limitations. In California, this period is two years from the date of a recognized injury or one year from an unnoticed injury’s discovery. If you miss the deadline, you may be unable to file a claim.
Consult with a Personal Injury Lawyer
Next, speak with an experienced personal injury attorney. A lawyer can help you understand your legal rights and advise you on the best course of action. They can also handle the legal details of your case and negotiate with the insurance company on your behalf.
Negotiating a settlement with another party’s insurance company can be lengthy. That company will probably try to settle on a payout that sounds respectable but falls well below a proper payout amount. Your lawyer, however, knows how much you deserve and will negotiate on your behalf for a fair settlement.
If the insurance company is unwilling to offer a sufficient settlement, speak to your lawyer about taking the case to court. Doing so can be a long and expensive process, but it may ultimately result in a larger settlement or judgment in your favor.
Consider Pursuing Further Litigation
If you decide to take your case to court, your lawyer will work to gather evidence and build a strong case on your behalf. They can use the material you gathered and expand on that by seeking expert witness testimony or conducting depositions. Personal injury claims go to civil—rather than criminal—court, and a plaintiff must provide a preponderance of evidence to win the case.
The case will go through a series of pre-trial proceedings, during which the judge will rule on motions or disputes that arise. At this point, if no resolution exists, the case will move on to a trial. During the trial, both sides will present their evidence and arguments to the judge or jury, who will ultimately decide on the case.
If you win the case, the defendant must pay damages in the amount a judge rules to cover medical expenses, lost wages, and compensation for pain and suffering. If you lose the case, you may be responsible for paying the defendant’s legal fees. Consult an experienced lawyer and carefully consider the risks and potential outcomes before deciding to take a case to court.
Get Help from the Best Personal Injury Lawyers in Los Angeles, CA
Filing a personal injury claim can be a daunting process. Fortunately, the accomplished personal injury lawyers at Davana Law Firm can help. For years, our firm has helped Los Angeles, CA, residents win over 500 personal injury cases and receive the compensation they needed to heal. If you find yourself a victim of a personal injury incident, contact the legal professionals at Davana by calling (818) 501-1055.