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What is the Process for Filing an Injury Claim in CA?

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If you or somebody you love has sustained an injury due to the negligence of another person, you may be able to recover compensation from the alleged at-fault party. However, the personal injury claim process can seem excruciatingly complex and intimidating. Here, we want to review some of the relevant information you need to know before filing a claim, as well as information about the entire injury claim process.

What Is the Personal Injury “Claim?”

When you hear someone mention a personal injury claim, this can mean various things depending on the situation at hand. Sometimes, a person may say that a claim is only their attempt to get an insurance carrier to cover their expenses. Other people will be referring to a personal injury lawsuit that they filed against an at-fault party to recover compensation for their losses.

  1. The insurance claim. Most personal injury cases are handled through insurance carriers. In general, the insurance carrier of the at-fault party will be responsible for covering the losses to an injury victim.
  2. Demand letter. If the insurance carrier or at-fault party denies providing fair compensation for a victim’s losses, then the victim or their attorney needs to send a demand letter to the insurance carrier outlining their total expenses and requested compensation. The demand letter should include evidence of injuries and losses. The demand letter will begin the negotiation process in earnest.
  3. Filing the complaint. If the insurance carrier or the at-fault party refuses to offer a fair settlement after receiving the demand letter, it may be necessary to file a personal injury lawsuit. In general, victims have a two-year time limit to file a personal injury lawsuit against the alleged negligent party.
  4. Discovery. The discovery process of a personal injury case can be extensive. This is the period in which both sides will work to obtain all evidence related to the case. Attorneys for both sides will have the chance to request information from the other, questions will be asked of both sides, and depositions will be taken.
  5. Trial. Throughout the entire discovery process, attorneys for both sides will still be engaged in negotiations to resolve the matter before it goes to trial. However, if a settlement is not reached, the case will go to trial to be heard before a jury.

How Long Will the Personal Injury Claims Process Take?

There is no easy way to pinpoint the exact amount of time a personal injury claim will take to be resolved. Cases that are handled through insurance carriers will be resolved more quickly, possibly within a few months. However, if a personal injury lawsuit is necessary, then the case could take a year or more to reach a conclusion. Every personal injury case is different, and various factors will affect the timeline and outcome.

Personal injury victims who are successful with their claim could receive coverage of their medical bills, lost wages, pain and suffering damages, and more. If you or somebody you love has been injured due to the negligence of another person or sustained a work injury, the Orange County personal injury lawyers at DiMarco | Araujo | Montevideo can help you. We have extensive experience helping clients get through the injury claim process, and you can contact us for a free consultation by clicking here or by calling (714) 783-2205.

Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes.