As top-rated personal injury lawyers in San Francisco, we know that navigating the legal system without expert help is challenging. Luckily, you don’t have to do it alone. Contact us online to schedule a free case evaluation with one of our compassionate legal experts.
To some people, the term “lawsuit” is a dirty word. What’s interesting is that their opinion isn’t typically based on personal experience, or even on factual knowledge. Rather, they’re just convinced that nothing good will come from it, and—believe it or not—we can understand why they feel that way.
No one should have to wade through bureaucracy and complicated legal language when they’re trying to access a relatively simple legal process. It’s discouraging to know you have legal rights but to feel as though you can’t access them, and we can sympathize with that. However, it’s not that simple.
Here’s the thing: Like it or not, you may someday find yourself in a situation where, to no fault of your own, an accident leaves you financially devastated. When that happens, your only recourse may be to pursue a personal injury claim.
Luckily, it doesn’t have to be a daunting process when you work with an experienced, top-tier law firm like Delfino, Green & Green. Our legal professionals specialize in making the personal injury claim process as painless as possible with thorough and frequent communication, expert legal advice and passionate commitment to your betterment.
If you or a loved one have suffered serious injuries in an accident caused by someone else, you may want to consider recouping your losses through a personal injury lawsuit. However, you may also be wondering, “How does the personal injury claim process work?” Rest assured, we’ll explain everything you need to know in this article.
Are you drowning in medical debt after an injury? If you’re curious about filing a personal injury claim, remember: There is a deadline. In California, it’s typically two years from the date of your injury, so don’t delay—call us at (415) 442-4646 for an initial consultation.
What Is a Personal Injury Claim?
A personal injury claim is a legal action you can bring against a person, persons or party that caused your injuries. In this context, “injuries” can refer to any type of injury to your physical body, emotions or reputation. There are three grounds on which injury victims can file a claim: negligence, strict liability and intentional wrongs. Here’s what they each entail:- Negligence. Most personal injury claims are brought on the basis of negligence. It refers to when a person acts recklessly and fails to behave with the same level of care with which a reasonable person would.
- Strict liability. A strict liability claim argues that the defendant is liable for their actions, regardless of their intentions or mental state. For example, a product liability lawyer may use strict liability as grounds to file a claim against a manufacturer that sold a defective, hazardous product that injured their client.
- Intentional wrongs. This is as straightforward as it sounds. A personal injury claim brought on the grounds of intentional wrongs means the defendant is accused of purposely harming the victim, through an action like assault, battery, trespass, intentional infliction of emotional distress and more.
How Does the Personal Injury Claim Process Work?
While some personal injury claims can resolve settlement negotiations without a lawsuit, others must go to court and await a jury’s verdict. Either way, the claim process starts with the following three steps:- Seek medical treatment. Nothing is more important than your health. If you were hurt in an accident, it’s essential to seek medical attention. Not only does medical treatment ensure your safety, but it also provides essential evidence, should you decide to open a lawsuit.
- Open a claim. You will need to open a claim with the at-fault party’s insurance company, as well as with your own. However, you don’t have to do it alone; your personal injury lawyer can help you file both claims.
- Submit a demand letter. After opening insurance claims, your lawyer will start preparing a demand letter. Included will be a thorough explanation of your story as it would be presented to the jury in court. The package will also contain documentation of police reports, medical records, hospital bills, evidence of lost wages and other financial losses.
Personal Injury Claim Process FAQ
Like many legal processes, the personal injury claim process is complex. The way a particular claim plays out depends on many factors, as well as the specific circumstances of their case. Luckily, an experienced attorney in San Francisco can make it much, much easier. If you still have questions about how the personal injury claim process works, your best bet is to contact a trusted personal injury firm. In the meantime, read through our FAQ section to learn more.- How do I know if I have a case?
- What is mandatory arbitration?
- How long will it take to resolve my claim?
- What is in a release in a settlement?
- How do I pay for a personal injury lawyer?
- Do I have a case if I don’t feel hurt?
- What damages can I claim?