During this process, it’s important you maintain an open and honest dialogue with your accident attorney. If you have large debts, previous injuries, or pre-existing medical conditions, your attorney will want to know beforehand to avoid any surprises later on. Lying or hiding any of these details could ultimately jeopardize your case.

4) File A Claim

Before a lawsuit is filed, an insurance claim will first be filed with the at-fault party’s insurance company. In certain instances, a personal injury case can be settled at this step in the process without ever having to reach a courthouse. A good attorney will utilize the threat of a lawsuit to their advantage in dealing with the insurance company. When you receive an initial offer from the insurance company, your attorney will advise you on the costs and benefits of accepting a settlement at this stage. If you are unhappy with your offer, your attorney can commence with a lawsuit.

The Value of Your Claim

The exact value of your compensation is not something that can be guaranteed, and any possible compensation varies case-to-case. Details and the extent of your injuries and damages can impact the outcome. For example, because of California’s share fault laws, your compensation will be reduced if you are found to share part of the liability.

Time Limits on Your Claim

In California, there is a time limit for how long you can file a claim after an injury. You are able to file a personal injury claim for up to two years after the injury takes place. If you are filing a claim any time after that, there is a high chance the courts will not hear your case. An exception to this is if you are filing a claim against a government entity. Then, you only have six months to file the claim.

California’s Shared Fault Laws

In certain accident cases there may be multiple parties responsible for an accident. If you share part of the responsibility you may admit partial liability or the defendant may claim it as part of his or her defense. In these cases, your compensation will be deducted by your share of the liability. For instance, if it is deemed that you are 35% responsible for the accident, then 35% will be deducted from your final settlement.

5) Begin A Lawsuit

If the insurance company refuses to pay the true value of what a case is worth, then it’s time to file a lawsuit. The initiation of a lawsuit commences the litigation phase in the timeline of a personal injury claim. From this point on your attorney will be dealing with defense counsel instead of an adjuster from the insurance company. The lawsuit will begin with discovery.

6) Discovery

In the discovery process both parties will investigate what the other party’s legal claims and defenses are. Parties will be able to make requests for production and admission. A request for production gives parties the ability to request documents relating to the other party’s claims and defenses while a request for admission provides the ability to ask the opposing party for admission of certain facts pertaining to the incident.

7) Mediation

Once the information from discovery has been collected, lawyers will generally try to reach a settlement amongst themselves outside of the courtroom. This process, also known as alternative dispute resolution, may lead to an agreement without the need for trial. If an agreement cannot be made, the case will go to trial.

8) Trial

Trial marks the last step in a personal injury case. All of the information gathered through discovery will be presented to a jury for them to decide on the settlement amount. Physical evidence, depositions, photos, witness testimonies, and interrogatories, will all be provided for the court. At the end of the trial a settlement will be reached.