How can I get my personal injury claim?
If you have been injured in any type of accident, you may be wondering how you can go about recovering for your damages. While it is possible to file a personal injury claim on your own, hiring an attorney can typically help you achieve the best possible outcome for your case. This is particularly true if you were seriously injured.
In California, there is a two year statute of limitations for most personal injury claims. This means that you have two years from the date of the accident to file your claim. If you fail to do so within this time period, you will be barred from filing a lawsuit. There are some exceptions to this general rule. For example, if you have a claim against the government, there is a special procedure to follow. A skilled personal injury lawyer can work with you to help you with this process.
An attorney will gather information about your case, performing an investigation of the accident itself. This will help to form the basis of the demand letter, where the claim is laid out to the insurance company of the person responsible for your injuries. In the letter, your lawyer will explain what happened, why the other party (their insured) is at fault, your damages, and your demand to settle the case.
If a settlement cannot be reached, then a lawsuit will be filed, and the pre-trial process will begin. The majority of California personal injury cases settle before trial. However, if the case goes to trial, your attorney will present evidence to demonstrate that the other party was at fault for the accident and that you suffered damages as a result.
If you recover a settlement or an award as a result of your personal injury claim, the money will be disbursed to your attorney. From there, your attorney will deduct his or her fee, along with any expenses related to your case. Your lawyer will then issue a check to you, completing your personal injury case.