The personal injury claim process is supposed to offer California residents the means to hold those who harm them accountable for their negligence. When applied properly, it does what it’s meant to do- but often, the process can be extremely complex and time-consuming. For most civilians with little legal experience, it can be extremely easy to make crucial mistakes. In the case of California personal injury cases, just a small mistake can end up reducing your chance of recovering the compensation you are legally entitled to significantly. When you work with an experienced California personal injury firm like the Law Office of Ball & Yorke, you can optimize your chances of getting the maximum compensation you deserve. 

What Is A Personal Injury Claim?

Before we delve into the process of a personal injury claim, here’s a quick overview of what a personal injury is. A personal injury claim in California is a lawsuit where the injured party (plaintiff) files a claim against another party (defendant) who they claim caused their injury(s) through being negligent. This lawsuit typically seeks compensation from the defendant as damages for the plaintiff’s suffering. To successfully file a personal injury claim, the defendant must’ve caused the accident through negligence, and the plaintiff’s injuries were the direct result of that accident.

Breaking Down The California Personal Injury Claim Process

While each personal injury case is highly individual and contingent on the unique specificities, they all involve the same basic legal principles and relevant pieces of California law. Here are some of the basic steps of the personal injury claim process so you are familiar with what to expect:

• Establishing that you have the right to sue: A lawyer isn’t required to file a personal injury claim in California, but it’s the first step for many injury victims. You should always consult with an attorney to ensure that you have a legal case before you sue. In California, you need to prove the following basic facts to sue:
• You suffered harm directly due to the defendant’s negligence
• You have legal status as a business entity or individual
• You are mentally and physically able to file a lawsuit as an adult
• Find the right place to file: You need to find the correct court, or “venue” to file the relevant documents. The county where you file the personal injury claim typically needs to be the place of the injury, or where the defendant resides. If multiple venues fit those descriptions, you should consult with an attorney, as not filing in the correct venue can result in your case being dismissed or complications in the suit further down the line.
• Send a demand letter: This is what is sent prior to the claim being filed with a court, which in personal injury cases typically include the demand for a specific amount of compensation from the defendant. It’s not mandatory to respond, but sometimes the insurance company or defendant will begin the negotiations or simply settle your demand right away, in which case the process is over.
• Build a complaint: You may need to start building an official complaint to file with the court if the other side won’t negotiate or send you the requested amount. This means you will need to build a compelling legal argument to show the court.
• Beat the statute of limitations: Under California law, the deadline starts on the date of your injury and ends after two years.
• Evaluate the evidence: The pre-trial discovery phase begins after the defendant or their attorney responds to your complaint, and this is when you and your attorney review and share evidence to build the case.
• Negotiation: After the other side reviews the evidence, they may choose to settle. If they don’t, then you go to trial.
• Trial: If a settlement cannot be agreed upon, the next step is going to court, where both sides present legal arguments and evidence and the jury or judge decides the outcome.

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Working with an experienced California personal injury lawyer will ensure that your personal injury case gets the optimal outcome. Call the Law Office of Ball & Yorke to consult with a top personal injury attorney today.