Personal Injury

How To File A Personal Injury Claim

By July 4, 2019 No Comments

The Lawsuit

A person is able to get compensation for their injuries in a personal injury case if they can prove that the accident was someone else’s fault. A majority of personal injury cases get resolved before trial, but even in such cases, a plaintiff must have taken the initiative and filed a lawsuit to kick-start the process.

Preparing the Case

The victim should begin by writing their own account of what happened while it’s still fresh in memory. Include events that happened after the accident, such as phone calls and appointments, not forgetting the losses one has suffered. The plaintiff should collect as much evidence as they can by documenting any important information, and if possible, by taking photos of the injuries and the scene of the accident. Physical evidence, like a damaged phone, should be preserved as they are. If possible, plaintiffs should bring along a witness to testify on their behalf, making sure that they get their names and full contact information.

Get an Attorney

Normally, Los Angeles personal injury attorneys work on a contingency basis. This should encourage every plaintiff to hire an attorney for proper counsel and guidance on how to file a personal injury claim. If the defendant is a business, they most likely have their own attorney, and it would be best if the plaintiff gets one as well. The attorney will look at the case and review the evidence before proceeding. Talk to friends and family to find an expert personal attorney who knows how to file a personal injury claim and is specialized in the specific type of personal injury case one has. For example, a car accident attorney would not be suitable for a slip-and-fall case. An attorney with lots of experience in your kind of claim would be best to work with. The plaintiff should ensure that the attorney they choose has a working style that suits them. EL Dabe Ritter Trial Lawyers can provide suitable personal injury attorneys in Los Angeles.

Filing the Complaint

A plaintiff should notify the defendant that they plan on filing a personal injury claim against them. Although it varies, most personal injury cases have a legal deadline of one year to file a lawsuit before the case can be dismissed. If the complainant doesn’t have an attorney, they should notify every individual they think might be responsible, and give them a deadline to respond. Otherwise, their attorney will send a demand letter to the defendant or their insurance companies and inform them what an appropriate amount would be required to settle. If an insurance company responds with a settlement offer, the attorney should go over it very carefully before the plaintiff signs it, just to make sure their rights are fully protected. If the two parties fail to agree, the victim’s attorney will file a complaint in court. The complaint will identify the defendant and state the type of injury suffered by the plaintiff.

Personal Injury Attorneys

El Dabe Ritter Trial Lawyers is one of the premier personal injury firms in Los Angeles. The lawyers fight aggressively for their clients with purpose and a keen sense of urgency. Clients are treated with respect and compassion regardless of their social standing. The attorneys will properly guide a client on how to file a personal injury claim. A great personal injury attorney can be the difference between winning thousands of dollars and winning millions. If you need an attorney to show you how to file a personal injury claim, contact El Dabe Ritter Trial Lawyers now for a free consultation. They are available 24 hours to take your call.