How to File a Personal Injury Claim (And Win) in California

Dog attacks can be traumatic, leaving victims to cope with painful injuries, costly medical bills, and lasting emotional distress. As a law firm that focuses exclusively on dog bite claims, we at LA Dog Bite Law understand the challenges you’re facing.

Pursuing a personal injury lawsuit may be the furthest thing from your mind right now, but it’s an important step toward getting your life back on track. With the right legal support, you can get through the personal injury claims process, secure compensation for your losses and move on with your life.

The Ins and Outs of Personal Injury Claims in California

Personal injury litigation seeks compensation for damages caused by another party’s negligence or intentional wrongdoing.

In California, these claims can arise from a wide range of situations, including:

Car accidents or injury
Slip and fall incidents
Medical malpractice
Dog bites
Defective products
Assault and battery

You should first know that California has a statute of limitations for filing personal injury claims. In most cases, you have two years from the date of the injury to bring legal action.

However, there are some exceptions to this rule, so you should consult with a knowledgeable personal injury attorney who can ensure you file your claim within the appropriate time frame.

Failing to sue before the statute of limitations expires can result in losing your right to seek compensation, so don’t delay seeking legal guidance.

Your Step-by-Step Guide to Filing California Personal Injury Claims

Ready to take action and fight for the compensation you deserve?

We’ve broken down the process of filing a personal injury claim in California into six straightforward steps. Let’s explore each so you can confidently approach your journey to justice.

Step 1: Prioritize Your Health and Well-Being by Seeking Medical Attention

In the aftermath of an injury, your top priority should always be your health and well-being. Even if your injuries seem minor, seeking medical attention as soon as possible is necessary.

Some injuries may not show symptoms immediately, and prompt medical care can help prevent further complications. Additionally, medical records documenting your injuries will play a vital role in supporting your personal injury claim, so pay attention to this crucial step.

Step 2: Gather Evidence to Build a Strong Case

To give your injury claim the best chance of success, you must collect evidence of your accident and injuries.

This proof may include:

Photos of the accident scene, your injuries, and any property damage.
Witness statements from people who saw the accident or its aftermath.
Medical bills and records detailing your injuries and treatment.
Police reports if law enforcement was involved.
Pay stubs or other documentation of lost wages due to your injuries.

In addition to gathering this evidence, you should keep a detailed account of the accident, your injuries, and how they have impacted your daily life.

This information will be invaluable when presenting your case to insurance companies or in court, and it helps paint a clear picture of the damages you’ve suffered.

Step 3: Calculate Your Damages to Ensure Fair Compensation

A personal injury claim aims to redress the harm you’ve suffered due to the accident. These damages can be economic (out of pocket), such as:

Medical expenses, including hospital bills, medication costs, and therapy.
Lost wages from time missed at work due to your injuries.
Property damage, such as vehicle repairs or replacement.

Harm can also be non-economic (general), encompassing the intangible losses you’ve experienced, like:

Pain and suffering.
Emotional distress.
Loss of enjoyment of life.
Loss of consortium (damage to personal relationships).

To ensure you obtain total compensation for your losses, work closely with your personal injury law firm to accurately assess your damages.

Experienced lawyers know how to quantify your economic and non-economic losses, giving you the best chance of receiving the compensation you deserve.

Step 4: File an Insurance Claim and Negotiate with Adjusters

Your first step in seeking compensation in many personal injury cases will be to file a claim with the responsible party’s insurance company.

Communication

Notify the insurance company of the accident and provide the necessary documentation and evidence to support your claim, including medical records, police reports, and witness statements.

Reject Low Settlement Offers

Be prepared to deal with insurance adjusters who may attempt to minimize your injuries or offer a low settlement. Insurance companies are businesses whose primary goal is to protect their bottom line, not to ensure you receive fair compensation.

Find Legal Representation

Having a skilled personal injury attorney on your side can make a significant difference when insurers deny or lowball your claim. Your legal counsel will handle negotiations with the insurance company, fighting to protect your interests and secure the compensation you deserve.

Step 5: Consider Hiring a Personal Injury Attorney to Advocate for Your Rights

While it’s possible to file a personal injury claim independently, working with an experienced California injury lawyer can help increase your chances of success significantly.

A knowledgeable personal injury attorney can:

Evaluate the strength of your case and provide honest guidance.
Gather evidence and build a compelling argument on your behalf.
Handle negotiations with insurance companies, ensuring your rights are protected.
Represent you in court, if necessary, and fight for your best interests.

Personal injury law firms like LA Dog Bite Law typically work on a contingency basis, meaning they only get paid if you win your case.

This arrangement allows you to access quality legal representation without worrying about upfront costs, making it easier to focus on your recovery while your attorney handles the legal details.

Step 6: File a Personal Injury Lawsuit if Necessary

If the insurance company denies your claim or offers an unsatisfactory settlement, your next step may be to file a personal injury lawsuit in court.

Bringing Legal Action

Your advocate will prepare and file a complaint outlining your case and the damages you seek. You will then serve the defendant this complaint, who must file an answer in 30 days.

Time Length and Settlement

It’s important to understand that the entire legal process is lengthy and complex, involving various stages such as discovery, depositions, and pre-trial motions. However, studies have shown that 97% of personal injury disputes are settled out of court.

Your attorney will guide you through each step of the process, ensuring you are prepared and informed every step of the way. If your lawsuit goes to trial, legal counsel will present your case before a judge or jury, fighting for the compensation you deserve.

Avoid These Common Mistakes When Filing a Claim

To give yourself the best chance of success and ensure you receive a fair award for your injuries, avoid these common pitfalls:

Failing to seek medical attention promptly – makes it harder to prove the accident caused your injuries.
Admitting fault or apologizing for the accident – defense counsel can use this testimony against you during insurance negotiations or in court.
Accepting the first settlement offer without negotiation – initial offers are often far lower than what you’re entitled to receive.
Waiting too long to file a claim or lawsuit – missing the statute of limitations means losing your right to seek compensation.

Frequently Asked Questions About California Personal Injury Claims

It’s natural to have questions and concerns about the process when filing a personal injury claim in California.

To help you better understand what to expect and make informed decisions, we’ve compiled a list of frequently asked questions and their answers.

How long do I have to file a personal injury claim in California?

In most cases, you have two years from the date of the injury to file a claim. However, there are exceptions, so you must consult with a personal injury lawyer to discover which deadlines apply in your case.

What if I can’t afford to hire a personal injury attorney?

Most personal injury attorneys work on a contingency basis, which means they only get paid if you win. This arrangement allows you to access quality legal representation without worrying about upfront costs.

Can I file a personal injury claim if I was partially at fault for the accident?

California follows pure comparative negligence rules, which means you can still recover damages even if you were partially at fault for the accident. However, the courts and insurers will reduce your compensation by the percentage of your fault. For example, if a jury finds you were 20% at fault and your damages were $100,000, you would be entitled to $80,000 in compensation.

How long does it take to resolve a personal injury claim?

The timeline for resolving a personal injury dispute varies significantly and depends on the case’s complexity and whether it goes to trial. Some claims settle in a few months, while others may take years to resolve. Your injury law firm can provide you with a more specific estimate based on the details of your case.

You Don’t Have to Face This Challenging Time Alone

Our injury attorneys at LA Dog Bite Law in Southern California know the impact an injury can have on your life, and we’re committed to fighting tirelessly for your rights and well-being.

Don’t wait another day to seek the compensation award you deserve. Contact us today to schedule your free consultation and case evaluation.

Take the first step towards reclaiming your life and holding the responsible parties accountable.