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The Process of Filing a Personal Injury Claim

No two accidents will ever be the same. From who is involved to where it occurred to what exactly happened, the details are guaranteed to be unique each time. This can create a complicated situation on the surface when you are trying to figure out if you can earn compensation for your injuries and damages or not. Luckily, there are always common denominators in all accident cases, and following a basic guideline of steps should be applicable to any incident.

If you have been hurt by someone else’s negligence or recklessness, follow these steps each time:

  1. Collect information: For every accident, there is evidence of the mishap. The sooner you can get information, the better. If you are able to do so safely, get identification from all parties involved, take pictures of the scene, and talk to witnesses.
  2. Get medical help: Do not hesitate to see a medical professional after your accident. Some injuries are subtle at first but quickly degrade into a serious debilitation, if they are not diagnosed and treated. If you are worried about the cost of treatment, remember that your lawsuit should compensate you for that much, and then some.
  3. Take action: Not sure if you need a lawsuit or a personal injury claim to settle this dispute? When in doubt, take action. You will only have a set amount of time due to statutes of limitations to pursue compensation in any form. Once it expires, you have virtually no chance of seeing a recovery. The first part of taking action is retaining a personal injury lawyer.
  4. Study policies: Does the person who hurt you have any insurance policies or the personal financial means to pay for your recovery? If the liable party was never identified – such as in a hit-and-run accident – will your own insurance carrier cover your damages? Knowing more about the insurance policies of people involved can help you and your attorney determine where your claim should be pointed.
  5. File: Lastly, you must actually file the claim, using insurance policy numbers, description of your injuries, and more. Once it is filed, you are not guaranteed to go to court and through litigation to resolve the matter. The other party or their insurance company may wish to settle things out of court through negotiations. Either way, your personal injury lawyer should be able to represent you.

Have you been injured in the Bay Area and need help with your own filing? Contact our San Jose personal injury attorney at The Law Offices of Caroline J. Nasseri. We have secured multiple $1M+ case results for our clients and work on a no-recovery, no-fee basis. Dial (408) 912-2217 to learn more.