How to file a personal injury lawsuit in California | A Step-by-Step Guide

 

How to file a personal injury lawsuit in California



What is a Personal Injury Claim?

The basic fundamental behind a personal injury claim is that if you get an injury due to reckless conduct or negligence of others then responsible party or insurance companies will pay your medical bill, pain, and other medical expenses.  The purpose of filing a personal injury the lawsuit is to restore the injured person’s financial state he/she was in before the accident.

Next question is to ask yourself before filing a personal injury lawsuit is “Are you going to do it yourself or hire a lawyer?”

Well, if the injury is minor then you don’t have to create a hassle, you can do it yourself and the insurance company will take your statement on phone and pay you for your damages. But, if the injury is major, it’s not a good idea to deal with the insurance company directly. Because these insurance companies may ask you to sign forms that give away the rights that you don’t want to give away. So, in these cases, you should take the help of Personal Injury Lawyers in California.

There can be different types of personal injury cases such as Car Accident cases, Medical Malpractice cases, Product liability cases, premises liability cases, etc.

Here’s a step by step guide on how to file a personal injury lawsuit in California

1. Gather Information : 

If you have suffered a minor injury from a car accident or slip and fall accident on some premises, it is important to collect as much information as you can at the scene. If the injuries are major then it may be impossible for you to collect the evidence but if it’s not then You should  take the photographs of the scene from different angles as a piece of evidence. The second thing you can do is look for the witnesses present at the time of the accident. Ask for their name, address, and phone numbers for your support. Their statement may provide you with support in your claim. After gathering information You should visit a doctor as soon as possible even if injuries are minor. Because sometimes symptoms and effects of an injury appear after hours of the incident and you must have a medical report to prove that injuries occurred from an accident.

2. Establish a legal standing :

Before you can sue someone, you should have known that if you have the right to file a lawsuit in California or not. The right to file a lawsuit is called legal standing.  According to California Law courts, you have the legal standing only if you are directly affected by the accident you are suing about.

          Another thing you should have is the Legal Capacity, Children below age 18  and adults that are mentally unstable don’t have legal capacity. In that case, someone who has legal capacity can file a case as a representative on the behalf of a person who doesn’t have it.

 

3. Contact a personal injury lawyer in California

This could be your most important step. We recommend you to choose a skilled and experienced attorney in California. You have to believe that your lawyer will be your best ally in your case, so you will need to be comfortable with your lawyer and share all the private information with him. You can visit York Law Firm’s Personal Injury Lawyers in California. They will give you a free consultation to help you in deciding whether you want to represent your case or not.

4. File Claim within Statute of Limitation

Statute of Limitation refers to a time period under which you have to file a lawsuit after an accident. If you don’t file it in a given time period, you will lose your right to file a lawsuit against the responsible party. Often, the Statute of limitations for personal injury cases in California is 2 years. Although it’s different if you are filing a case against the government.

5. File a complaint

Your final step is to file a complaint against the responsible party. Usually,  before filing a complaint attorney tries to settle a negotiation with the responsible party. If both parties come to an agreement then it’s always better to keep the matter out of court. But if the negotiation does not succeed then your lawyer will file a summon and complain with the court.

Once a lawsuit is filed then there will be trials and you have to follow your lawyer’s instruction. Court Decision may take months or years, it depends on the nature of your case. 

 

 

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