Different types of personal injuries have different causes, degrees of severity, and potential legal repercussions. However, there are common elements and requirements shared by almost all personal injury claims.
When another person’s carelessness, recklessness, negligence, or malicious action causes you bodily harm, you have a case for personal injury. Therefore, you may be eligible to receive financial compensation for your hardships.
Automobile accidents are the most prevalent cause of injury claims. This is particularly important in California, which ranks third among the states for the number of people killed in road accidents each year.
However, the overall process for making a claim will be the same regardless of the cause of your injuries. And regardless of the nature of your incident, you should consult an attorney as quickly as possible to protect your rights.
In the event that an accident has caused you bodily harm or property damage, read on to find out how to protect your legal rights, and don’t hesitate to contact an attorney as soon as you can after your accident.
Steps to Take After an Accident
You may not immediately think to file a personal injury claim after being injured in an accident. You’re at a crossroads, and the choices you make and actions you take right now will have lasting consequences.
Getting Medical Care for a Personal Injury Claim
Seek medical assistance quickly after an accident, even if you don’t think you’re seriously hurt. First, you should see a doctor so that your injuries may be properly diagnosed and treated in a timely manner. If internal injuries aren’t addressed, they may become much worse, and that might change your life forever.
Moreover, the documentation of your visit and the specifics of your injuries can help prove that the accident was the direct cause of your medical problems.
In all cases of personal injury, it goes without saying that proof is crucial. Take pictures of the scene and any injuries you sustained in the case of an accident, such as a vehicle crash in California. Take notes on your immediate surroundings and the events leading up to the incident while you can still recall them clearly. Keeping as much proof and information as possible is vital.
Last but not least, you should report the incident as soon as possible. The event will be documented formally by the investigating authorities.
From there, it’s essential to retain an attorney as soon as you can. A lawyer will help you keep track of deadlines, like California’s statute of limitations, and begin constructing your claim.
Statute of Limitations For California Civil Claims
While California law does allow accident victims to pursue compensation, it does so under specific time constraints. In most cases, those who suffer physical harm in an accident have two years from the date of the occurrence to file a claim for compensation. You can lose your right to financial compensation if you don’t file your claim within that time range.
The statute of limitations in California is generally four years, although there are exceptions. The statute of limitations may be shortened or extended in cases when the government is at fault. If you contact a lawyer right after an accident, they can ensure your claims are filed on time.
How Does an Attorney Start a Personal Injury Claim?
Your attorney will write a demand letter after doing preliminary research to determine the fault and the extent of your injuries. To notify the party (defendant) of your desire to claim damages, you will be delivering this letter to the person at blame and/or their insurance provider. In this letter, you will outline the reasons why the defendant is at fault, identify the harm you’ve suffered, and specify the monetary damages you’re seeking.
This demand letter is not legally binding, and the defendant (or their insurer) is free to ignore it or react to it as they see fit. If the defendant does not comply after receiving your demand letter, your attorney will file a lawsuit seeking compensation for your losses and have it served on them.
Injury Claim Filing with an Attorney in California
If the defendant does not comply with your demand or responds in any way, your lawyer will file a legal claim for damages. Your claim alerts the court to your intention to seek compensation from the at-fault party.
Your lawyer will do a thorough study and investigation to back up your claim. From there, your attorney will use the relevant laws in conjunction with the facts and evidence of your case to argue on your behalf that you are entitled to monetary compensation for your injuries and other losses.
The defendant is now legally obligated to respond to your claim. If they don’t, the court will rule in your favor nonetheless.
After your claim has been filed and the defendant has replied, you may go on to the discovery phase. During the discovery phase of a legal proceeding, both parties are given the opportunity to investigate the evidence and documents held by the opposing side that may be relevant to the case. Depositions also provide both parties the opportunity to question witnesses officially.
Of course, due to the fact that they are taken under oath, depositions are an excellent method for gathering credible evidence. The discovery process will provide information that will be utilized to strengthen the basis that your attorney has put out for your injury claim in the state of California.
Contact Beckerman Anderson’s Personal Injury Attorneys
After an accident, the legal process might seem overwhelming, but the Orange County personal injury lawyers at Beckerman Anderson are here to assist. Auto accident litigation has lately become the most popular kind of personal injury lawsuit in our courts, and at Beckerman Anderson, we have experts in this field.
If you or a loved one has been hurt in an accident in Orange County, you should talk to attorneys who specialize in personal injury cases as soon as possible.
Financial compensation may be available to cover costs such as medical bills, property repairs, lost wages, and mental anguish. To schedule a free consultation with one of our Orange County personal injury attorneys, call 949-409-4242 now.