Personal injury claims in Roseville and Sacramento, California, are complex. Suppose you have been injured or lost a loved one due to someone else’s negligence. In that case, a personal injury claim will help you seek compensation for your damages and losses.
Personal injuries are some of the most daunting unforeseen events that can happen in anyone’s life. Considering the busy streets of Roseville and Sacramento, CA, you can see instances of rash driving and car accidents practically every day! If you’re a victim of any personal injury, you should know all the details about the personal injury claim process.
Suppose you ever fall victim to personal injuries and opt for claiming compensation. In that case, you should consult a professional injury law firm. Getting advice from legal experts about personal injury claims can do wonders to ensure a complete and fair settlement.
Based on the US Government stats, you have a 95% chance of settling the case even before the trial. But do you know what a fair settlement is for your situation? And suppose you fall under the other 5% of the misfortunate ones. In that case, you must go for a trial and file a personal injury lawsuit. A practical and experienced law firm dealing with personal injury claims can assist you through the entire procedure.
All You Need To Know About The Personal Injury Claim Process
So, what should you expect as you proceed with your personal injury claim procedure? How to file a personal injury claim after a car accident or any other personal injury? And how to ensure the best agreement for your damages? Here is a detailed step-by-step session on all you need to know about personal injury claims.
Personal Injury Claims – An Overview
Personal injury claims aim to cure the injured person and bring them back to normalcy after encountering an accident. Accidents that injure people distort the everyday lives of the victims. Hence, filing a personal injury claim is a way to help you recover from the setback and bring you back to your financial position before the injury.
Sustaining significant injuries can make the personal injury claim process more challenging because it involves your health insurance. Plus, you also need a law firm or an experienced attorney to represent your case till the end.
You might be able to solve minor ones without requiring an attorney to recover damages. But without the experience of knowing whether the insurance company is making a fair offer, you’re operating in the dark. Instead, it’s always best to have your attorney contact your insurance company and have them sort out all the compensations relevant to the accident. The insurance firm and your lawyer will reach out to the faulty party for recorded statements about a detailed explanation of the accident. You may also have to sign some official documents to settle and finalize the claim.
Types Of Personal Injuries For Personal Injury Claims
There are several personal injuries you can fall victim to. Knowing the types of personal injuries enables you to file for a personal injury claim if you sustain injuries from any of them.
These are your entitlements, and as a citizen of California, it’s vital to be aware of personal injuries. Some of the incidents that fall under the category of personal injuries are:
- Animal attacks
- Hit and run
- Injuries from faulty products
- Pedestrian accidents
- Accidents from an automobile (car, trollers, etc.)
Difference Between a Bodily Injury and a Personal Injury
Before you file a personal injury claim, you must understand the basics. There’s a difference between bodily injuries and personal injuries. Although your lawyer will explain this point eloquently, you still must have an idea about the difference between these terminologies.
Bodily injury liabilities include payments and compensations for physical damages from an accident you caused. On the other hand, personal injuries are damages you sustain. These include physical and mental pain, rehabilitation or burial expenses, and loss of financial support.
The Role of Personal Injury Law Firms
Do attorneys and law firms have any impact on your personal injury claim process? Of course! Your attorney supports your case and ensures maximum compensation during your trial’s settlement. Law firms also help you file your claim and inform you about your situation in great detail.
In addition, personal injury attorneys offer you extensive consultation to understand if you’re even eligible to file a lawsuit or not. You may not be able to assess if you have legal standing or not. That’s why you need an attorney to deal with your personal injury claims.
How To Hire The Best Personal Injury Lawyer
Before hiring a personal injury attorney, you should consider a few factors to guarantee the best compensation for your damages. To start, your attorney must have sufficient experience with managing and winning the personal injury claim process. The attorney must also have solid referrals and a sound reputation at winning the claims.
In addition, before hiring an attorney, you can conduct initial consultations with them. You can discuss your claim case with the lawyers to get their opinion and strategies for the way ahead. Understanding the evaluations from various attorneys can enable you to decide the best one for your personal injury claim. After that, you can discuss the fee- including the contingency fee and all other relevant formalities.
Fee Of The Law Firms Of Attorneys For The Process Of Personal Injury Claims
So, what’s the contingency fee? It occurs when your lawyer charges you a payment after helping you receive the personal injury claims compensation. Suppose they win the case and help you get the recovery amount you mentioned in your demand letter. In that case, the lawyer charges a certain percentage of that recovery as their fee.
Also, the contingency fee is based on if you receive monetary compensation. Then, your personal injury attorney will charge a percentage of that monetary value. On average, the contingency fee can be anywhere between 25% to 40% of the recovery. Most lawyers may also charge one-third, i.e., 33% of the settlement.
Statute Of Limitations For Personal Injury Claims
You can’t file a personal injury claim whenever you want to. As a local of California, you must follow the state’s statute of limitations. Based on that, there is a time limit for plaintiffs to file a lawsuit following their accident.
So, you can file a claim within two years from the accident’s date. In addition, if you don’t file a personal injury claim within this time frame, you won’t have any right to demand monetary compensations later. Again, it is better to first consult with the law firm you’re working with to see if you’re eligible for such rules.
For personal injury claims against the government, then you have an even more restricted time frame. So, you must ensure to discuss your case with your personal injury attorney to assess your options and eligibility.
Basic Eligibility To File A Personal Injury Claim
As you plan for your personal injury claim process, it’s crucial to check if you meet the basic requirements for filing a claim or not. For a legal standing, these are a few factors you need:
- Are of legal age (more than 18 years of age and mentally able and sound)
- Are considered as a legal entity in California- have legal status as a person, government agency, employee, etc.)
- You were the primary party directly harmed by the defendant you’re filing a claim against.
Personal Injury Claim Procedures- The Legal Outlook
An overview of the legal aspects of the personal injury claim process starts from contacting an attorney, filing and supporting your claim, and then proceeding with the settlement or the trial. These steps may sound simple enough. But that’s not the case in reality. You need to know a few basic legal jargons to assist you and the personal injury claim procedure.
Fundamentally, you are the plaintiff- the victim party who seeks monetary settlement from the liable, i.e., the faulty party. Before filing a case, your attorney may try to settle the matters before the trial. Your lawyer will send in a demand letter. It includes details like the nature of injuries, facts about income loss, and every relevant information about the plaintiff’s emotional and financial damages resulting from the accident.
The preparation of the demand letter also involves the insurance company’s contribution. The insurance firm comes up with an estimated settlement offer to include in the settlement procedure. After submission of the demand letter, the defendant has the chance to negotiate about the damages and reach an agreement with you (the plaintiff).
If the defendant refuses, you must take the defendant to court. Your lawyer will submit some documents to the court, as required legally. These include the summons to alert the defendant about the lawsuit against them. In addition, your personal injury claim attorney will also file a complaint about the injury, the defendant’s owing to you, and the monetary value of the damages you’re demanding.
The Discovery Procedure
Once you file the complaint and the case goes on trial, the discovery phase begins. During this, lawyers of the defendant (i.e., the faulty party) and the plaintiff (i.e., you/victim) continue to collect evidence they need to represent their clients. They collect witnesses, question all parties involved in the accident, research the claim, gather data on police reports, medical records of the treatments, insurance, etc.
The discovery period represents a critical stage for lawyers of both parties. It’s because the information they collect in this time directly impacts the plaintiff winning the personal injury claim. During the discovery procedures, the defendant and plaintiff also have the right to file motions to either dismiss the case or delay the final judgment from the court.
As mentioned above, almost 95% of the personal injury claims don’t even enter the discovery processes. Both parties decide to go through mediation- a planned negotiation- before proceeding with the trials. Successful mediations result in the plaintiff (you) dropping or dismissing the lawsuit because of receiving their required settlement.
The settlement is recorded in a written form to bind as a legal contract. The contract includes every legal stipulation, including non-disclosure of the settlement money or the plaintiff not filing a lawsuit for more money in the future.
Expected Compensations From The Personal Injury Claims
Your compensation can include monetary amounts for things like lost wages, your emotional pain, punitive damages, and medical treatment bills. However, just because you have a right to receive them doesn’t mean you will always accept them.
You may or may not always receive the settlement amount you mention in your demand letter. Most often, when you’re in a mediation with the defendant, negotiations take place where the lawyers of both parties try to settle on the best deal for their clients.
In addition, your compensation also includes the fact that you receive amounts for the quantifiable damages. You can’t easily put elements like emotional suffering and distress into financial value. That’s why determining the correct figure for such things may complicate the process of personal injury claims. Though, with a professional lawyer with high experience with the process of personal injury claims, you have better chances to make the best out of every step of the claim.
The lawyer can include and quantify all the damages you have faced and help you receive compensation for all damages you are entitled to. These include things more than your medical treatments and estimated salary losses. Highly-experienced lawyers can even assist you in considering unique and complex situations and planning the most optimal strategy for your personal injury claim.
Start The Process By Calling A Roseville Personal Injury Law Firm!
Personal injury claim procedures can be brutal as well as time and cost consuming. In the end, you may not receive the complete compensation you demanded – or any settlement for your damages at all, if not careful! Though, you can increase the chances of getting the best possible settlement by reaching out to a top-notch Roseville, California Law Firm.
Suppose you have experienced any type of personal injury and are considering filing a personal injury claim. In that case, you need awareness of two things. First, you must know the comprehensive process of personal injury claims. Then, you must know of a reliable personal injury lawyer to guide you through the complicated legal procedure.
Ashley Injury Lawyers
Suppose you are a resident of Roseville/Sacramento or anywhere in Northern California. In that case, you should consider the legal team of Ashley Injury Lawyers. Ashley Injury Lawyers are personal injury law experts who have catered to and won the personal injury claims of hundreds of clients.
You can schedule your free evaluation by calling 888-ASHLEY-911 or sending us a request for a case evaluation. We can come to you, or you can visit our Sacramento Office at 400 Sunrise Avenue, Suite 150, Roseville, California 95661.