If you’ve been injured in a Glendale car accident or other incident that wasn’t your fault, California law allows you to pursue compensation by filing a personal injury claim against the responsible party. That compensation can cover your medical bills, lost wages, pain and suffering, and a range of other losses depending on the facts of your case.
That said, the process of actually filing a claim involves several steps; how you handle things in the days and weeks after the accident can have a direct impact on how much you’re ultimately able to recover. Here’s a look at what the process typically involves and what you should keep in mind along the way.
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Schedule a Free ConsultationSteps To Filing a Personal Injury Claim in California
Most personal injury claims in California begin with the insurance claims process. Once an accident takes place, you and/or your attorney will typically file a claim against the at-fault party’s insurance carrier. If that process doesn’t result in a fair outcome, a lawsuit may be necessary. Regardless of which path your case takes, the following steps will help you protect your rights from the start:
- Get medical attention as soon as possible, even if you feel fine initially. Some injuries take hours or even days to show symptoms, and your medical records will serve as key evidence in your claim.
- Report the accident to the appropriate authorities. For car accidents, that means calling the police so an official report can be generated. For incidents on someone else’s property, report it to the applicable property owner.
- Document everything you can. Take photos and videos of the accident scene, your injuries, and any damage to your property. Get contact information from any witnesses who saw what happened as well.
- Do not apologize for the accident and do not accept any fault at the scene. Casual remarks could still be used against you later in the legal process.
- Contact a personal injury attorney for a free consultation before speaking with the other party’s insurance company. Insurers will often try to get you to accept a quick settlement or make statements that hurt your case.
- Your personal injury lawyer will investigate the accident internally and send a demand letter to the insurance company. If a fair settlement can’t be reached through negotiations, your attorney can file a lawsuit on your behalf in civil court.
Keep in mind that you usually have two years from the date of your accident to file a lawsuit per California’s statute of limitations. Missing that deadline can cost you your right to pursue compensation entirely, though note that there are some exceptions that can adjust the time limit.
What if I’m Being Blamed for My Accident in California?
California follows a pure comparative negligence standard to address the issue of shared fault. This means you can still recover compensation even if you share some of the blame for the accident. However, your total award will be reduced by whatever percentage of fault is assigned to you.
For instance, if you’re found to be 30% responsible for a crash and your total damages come to $100,000, your recovery would be reduced to $70,000. Since there is no cutoff in California, someone who is 90% at fault may still be able to recover a portion of their damages. However, the insurance company will work hard to maximize your share of the blame, which is one of the biggest reasons it pays to have a lawyer handling your case.
She helped and advised us with everything that we needed to do. She handled everything and we could communicate with her with anything that we needed. With her help, the whole process of resolving the accident was very easy to go through. My family and I are grateful and will always recommend Onyx Law Firm to anyone that needs help with their accident cases.
Thanks to the team’s expertise, the case was resolved successfully. I highly recommend Onyx Law Firm and Natasha for their excellent service.
Schedule a Free Consultation With a California Personal Injury Lawyer
Filing a personal injury claim in California is a process with multiple moving parts, and what you do in the early stages matters more than most people realize. If you were recently involved in an accident, reaching out to a personal injury lawyer for a free consultation is one of the best steps you can take.
Contact Onyx Law Firm today to get started with your case at (844) 669-9529. We have decades of combined experience and work on contingency, so you only pay attorney’s fees if we win compensation for you.