Read This Before Filing Your Personal Injury Lawsuit

You’ve decided to file a personal injury lawsuit. It’s a path that you hope will bring you some level of comfort after the ordeal you just went through.

You can be subject to the following mishaps, and in all these scenarios, you can file a personal injury case.

• Slip-and-fall accident
• Harm caused by defective products
• Medical malpractice
• Car accident

However, before you set things in motion, you need to be aware of many things. 

You must take a step back and have a look at the entire picture. You also need to assess if you are eligible to pursue a claim or not. 

Moreover, you must find out whether you have a chance of winning the case or not.

Hi, in today’s blog, we will discuss what you should know before filing your personal injury claim in California. 

So, let’s begin!

What You Should Know Before Filing Your Personal Injury Claim

When you file a personal injury case in California, you are eligible to get the sum of money or value of the damage caused as compensation. 

Here, I have listed the factors that you must know before filing your personal injury claim. 

1. Validating Your Case

“To win your claim, you must prove that the other party was negligent, and it is their actions or lack thereof that led to your injury,” says personal injury attorney Kyle Valero of Valero Law Group Injury Lawyers. 

You must collect proof to prove liability, and this includes police reports, witness statements, surveillance footage, and more. 

A good personal injury attorney can help you discern between the different types of proof, helping you analyze and prepare them for submission.

2. Assessing Potential Compensation

How much money do you stand to be awarded should you win? Answering this question can be difficult, and that’s why you’re better off leaving it to your personal injury attorney. 

They will comb through the evidence and do the math, accurately determining the amount in compensation you are rightfully owed. Here are the damages you’re entitled to:

• Economic Damages

These are the tangible damages you incur as a result of the accident, including but not limited to medical expenses, lost income, loss of earning capacity, rehabilitation fees, and other out-of-pocket expenses.

• Non-economic Damages

These losses can’t easily be quantified in dollar terms. Examples are loss of consortium and emotional turmoil. 

• Punitive Damages

These are awarded to punish the defendant for grossly negligent behavior. Though rare in personal injury cases, punitive damages are awarded in extreme situations.

2. Preparing for the Process: What You Should Know Before Filing Your Personal Injury Claim

Before initiating the legal process, talk to a lawyer and assess the entire situation. Personal injury cases take time, sometimes stretching into years. 

It’s the reason why most attorneys advise victims to wait until they have recovered before taking any legal steps. 

But then again, you must consider the statute of limitations, which is the legal time frame within which victims are allowed to pursue a claim.

In addition to that, you must be ready to bear the emotional brunt of filing a suit. You may have no other choice but to relive memories you’d rather bury. It’s better to have emotional support as you go through this process.

3. Considering Legal Costs

Filing a personal injury claim is not free. It’s actually a somewhat expensive process, but you’ll likely not pay anything upfront because most personal injury lawyers dispense their services under a contingency-based structure. 

Under this payment plan, your lawyer’s firm takes care of all the fees associated with your claim. 

The firm then recoups these funds, along with attorney fees, from your compensation should the case prove successful. 

Talk to an attorney and make sure you understand how they will charge you for the service before signing anything.

4. Selecting the Right Attorney: What You Should Know Before Filing Your Personal Injury Claim

If you were injured in a car accident, you want a car accident personal injury attorney. 

If you suffered harm at the hands of a negligent doctor, you want to work with an attorney with experience in medical malpractice cases. 

Other than experience, it’s also important to hire an attorney who has a good reputation and track record, and last but not least, you should both get along with clear communication.

Factors That Impact the Value of Your Personal Injury Claim

A multitude of factors impact the value of your compensation claim. Let’s have a look at the table below to understand the factors in detail. 

The severity of your injury	If your injury is very severe and needs costly medical assistance, you are eligible to get higher compensation. Further, if the injury has a long-term impact on your health and can ruin your earning capacity, your compensation will be higher.
The proof of liability	You have to prove that the other party was at fault in the mishap.  Again, your compensation value will be higher if the liability of the other party is higher. **
The financial resources of the defendant	The financial assets possessed by the defendant will impact the total compensation value.  Of course, if the defendant has substantial resources and an insurance policy with a higher coverage, you will be eligible to get a greater compensation value.

** If you have been subject to a mishap at your workplace and cannot prove liability at fault, you can get compensation under the Workers’ Compensation Act. 

Moreover, the State of California follows the “pure comparative negligence” system. So, even if you are partially at fault, you can still file a personal injury case. 

Summing Up: What You Should Know Before Filing Your Personal Injury Claim

So you see, before filing your personal injury lawsuit, consider whether you can prove liability and show the other party’s negligence. 

You should also understand the damages you are eligible to get with the help of a personal injury attorney. 

Ensure you’re physically and emotionally ready for the toll the process will likely take. 

And while you can file the claim independently, it’s better to hire an attorney with experience, a reputation, and a positive track record. 

But before signing anything, make sure to understand all the costs involved.

Read More:

• How Can a Lawyer Help with Your Insurance Claim?
• Slip and Fall Injury Lawyer in Michigan: Protect Your Rights
• The Importance of Hiring a Skilled Personal Injury Lawyer Early in Your Case