After you have been injured because someone else acted negligently, you may file a personal injury claim. This can help you recover the money you need for your medical bills and other losses.
However, your claim may produce a weak settlement offer from the insurance company, they may deny your claim, or you may even be blamed for your own injuries. Your next option to recover the money you deserve after someone caused your injuries is to file a personal injury lawsuit.
There are no laws that require you to hire an attorney, but when it comes to filing a lawsuit, you will not want to proceed without an injury lawyer in Stockton. Most offer free initial consultations where they can detail your legal options as well as how they feel about the strength of your case.
It is important to know that personal injury lawsuits take time to resolve. Ultimately, they may be your best chance at recovering the compensation you deserve. Here are other things you should know about the process for lawsuits in California.
You Must File Within the Statute of Limitations
The best chance for your recovery of compensation happens the sooner you file your claim. If you filed an injury claim with insurance only to have it denied or get a lowball offer, you will want to quickly file your personal injury lawsuit. In California, the statute of limitations only gives you two years from the date you were injured. There are some circumstances where this can be lengthened or shortened, though your attorney will keep you informed.
It Starts with a Demand
When you realize your claim is going nowhere, you can hire a personal injury attorney who will send a demand for your compensation. It essentially puts the defendant on notice about why they are liable and requests compensation.
Claim for Damages
The defendant may reject or even ignore your demand, which your attorney will respond to with a formal claim for damages. This makes the court aware of your complaint and now will require the defendant to legally respond. In most cases, they will contest your claims.
Discovery Process
After the claim is filed with the courts, the process for both parties to go over the evidence begins. Known as discovery, your attorney will gather this information to supplement their own findings.
Negotiations
At this point, both sides will attempt negotiations, which often results in a settlement outside of court. If you accept the settlement, then you must drop your lawsuit. Your attorney will advise you if the amount offered is sufficient for your injuries and damages.
Going to Trial
You may find that the party that caused your injuries refuses to negotiate or makes pitiful offers that won’t even make a dent in your medical bills. In this situation, your attorney will likely move forward with the trial.
Trials may be more expensive and time-consuming, but they may be worth it if you have endured serious life-changing injuries. Choosing your attorney for their trial experience is wise in the event you need to rely on their courtroom action to get the winning verdict you deserve.
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