As a personal injury accident victim, feeling confused is extremely natural. You’re hurt, scared, and stressed out; you might also be overwhelmed with what to do next. More than anything, you’ve got to face a stack of expensive hospital bills and payables.
Fortunately, this guide outlines everything you need to know when filing for a personal injury claim in San Francisco. We will try to be as thorough in helping you navigate in this time of uncertainty.
How to File a Personal Injury Claim?
Step 1: Determine the accident if it warrants a personal injury claim.
Not all accidents are viable for a personal injury case. However, it’s fairly easy to determine whether it is with these basic criteria:
- Duty of Care. The injured person seeking compensation for their injuries is referred to as the “plaintiff” in a personal injury case. Before filing the personal injury case, the plaintiff must show that the person who caused an accident or injury the plaintiff suffered had a duty of care. This means the person against whom a claim is made has a responsibility for the welfare of the plaintiff.
- Breach of Duty. The plaintiff will next have to show that the individual or entity that had a duty breached that duty – meaning that they failed to act responsibly and consistent with the duty of care.
- Injury. The plaintiff must next show that they were injured because of the breach of this duty by the other person or entity and
- Causation. The breach of duty was the proximate cause of the injury, meaning the injury would not have occurred but for the failure of the other person to act responsibly, as required of anyone in their position.
Step 2: Get Expert Advice from an Experienced and Reliable Team!
While you can handle a personal injury case on your own, we strongly advise against it. Filing claims without an attorney might be more than difficult and time-consuming for an injured individual. When you or your loved one is in heavy pain and trauma, managing your insurance and case can be extremely overwhelming and counterintuitive.
You might be worried about the legal fees, but here at Cartwright Law Firm, we work on a contingency basis. And we do this out of genuine concern for every victim of personal injury in San Francisco. Being in a vulnerable position, you need someone to protect your interests. Working with seasoned lawyers gives victims an upper hand against insurance companies that are trying to give lowball offers.
Step 3: Identify the venue for the claim.
Filing for a personal injury claim should be within the jurisdiction the accident happened. Aside from that, it must be filed in the county where you or the defendant in the lawsuit lives or has its principal place of business.
In some cases, your case might be filed in several venues. When this happens, your attorney should advise as to where it would be best to file the case.
Step 4: Submit Your Case Before Statute of Limitation Expires
According to California law, there are statute of limitations for an injured person to file a claim. This period starts counting from the date on which the accident happened. If you fail to file your case and the time lapses, you lose your right to file a lawsuit.
So, how long is the statute of limitation for a personal injury in California? It is within two years from the date the accident happened, resulting in the injury.
Step 5: File Your Complaint
Before considering this step, your lawyer should have tried to negotiate a settlement with the defendant you are suing. If they do not reach a settlement, then the case will go to court. The risks of winning the case increase, and the stakes are higher. Your lawyer can start preparing for the trial and litigation. This will involve hiring expert witnesses, finding additional evidence and investigating the case.
At this stage, you may not have much to do but wait for the result. You may also need to appear for the deposition or submit any additional medical exams to solidify your case.
Why Work with a Personal Injury Attorney in San Francisco?
Well, there are obvious benefits when it comes to working with a San Francisco personal injury attorney. They can help address your concerns so you understand all your options. Although it might be intimidating to hire a lawyer, considering the costs associated, they can truly help ease the legal burden and stress of filing for claims. Their complex tasks involved:
- Evaluating the value of your claim.
Knowing the realistic financial value of your claim is the most important aspect of your case. An experienced lawyer can identify the value based on several factors like current and future lost wages, medical expenses, and ongoing hospital bills.
- Negotiating with the insurance company
Dealing with insurance companies can be a lot of hassle. They’re incredibly notorious for giving lowball offers, minimizing monetary damages for a quick settlement. To avoid this, your lawyer will negotiate and deal with the insurance companies to protect your best interests; their goal is to get the maximum settlement amount.
- Providing sound advice
Without the wealth of knowledge and experience from personal injury lawyers, you might do certain things and cut processes that might significantly hurt your claim. You can be on the right track with a personal injury lawyer’s valuable advice. They can inform you on what to do and avoid as you file your claims.
- Collating data to support your claim
Are you not sure which documents are necessary for your claim? There’s no sugarcoating; the claims process can be complicated. It’s beneficial to work with a lawyer who knows and understands how to work through the process.
Talk to a San Francisco Personal Injury Attorney Today!
If you have been injured in an accident involving any of these situations or other circumstances, it is important that you talk to an experienced personal injury attorney who can guide you through the process of seeking and obtaining compensation for your injuries.
Those who caused the accident will likely have insurance, and the companies that provide this insurance have professional adjusters who may want to settle your case for less than what it is worth.
This will not happen with an experienced accident attorney from The Cartwright Law Firm, Inc., on your side. We strive to get accident victims the maximum compensation possible, so please contact us today for a free case review.
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