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How To File A California Personal Injury Claim

Updated: Oct 4

A Guide To Filing Personal Injury Claims In California for 2022


Getting compensation for your injuries isn't a one-and-done process. There is a standard procedure that follows an accident—may that be a car crash, a pedestrian accident, product liability, or slip and fall cases. However, California Personal Injury Law retains some standard processes that you should anticipate once you start filing claims.


Although the details may vary, the fundamental process for filing a personal injury claim is usually the same:


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1. Consult A Los Angeles Personal Injury lawyer

You should call a prescreened California Attorney For Personal Injury once you've had time to seek medical treatment and recognize you need to submit a claim. Even if you believe your situation seems straightforward, you can benefit from an initial consultation.


You should provide the Personal Injury Lawyer Los Angeles with all of your information and make sure to ask any questions you may have. Then, if the lawyer agrees to represent you, they will guide you through the rest of the procedure.

2. Sending Letters Of Notification And Reservation Of Rights

Your Personal Injury Lawyers in Los Angeles will send the insurance company an official letter informing them that you intend to file a claim.


The company will respond with a reserve of rights letter, acknowledging your notice and stating that it will investigate the issue without admitting liability.


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3. Investigation

Following that, your Personal Injury Attorney in Los Angeles California will start gathering information and proof about the accident. Examining your medical records and treatment history is part of this process.

If possible, your California Attorney For Personal Injury will interview witnesses and study any existing footage and photos. This step aids your lawyer in forming a complete picture of what happened, who was at fault, and the entire extent of your damages.


4. Sending A Demand Letter


In most circumstances, your attorney will wait until you have reached your maximum medical improvement (MMI) level before moving forward. MMI denotes that you have either completed your treatment or have recovered as much as physically possible.


Then, a demand letter lays forth the facts and lists your expenses and damages.


5. Negotiations

Most of the time, the insurance provider will refuse to comply with your wishes. Instead, you'll get a counteroffer for a smaller amount than you asked for.

Your California Personal Injury Attorney typically handles negotiations and may correspond with the insurance adjuster multiple times.

6. Settlement


Your Personal Injury Lawyers in Los Angeles California will consult with you after the talks are completed before accepting any settlement on your behalf.


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Bottom-line

How long the process will last vary. However, despite the extra time and effort, you'll have to put in, doing so will ensure that you get the compensation you deserve.

Oftentimes, insurance companies will trivialize losses and injuries to give the lowest payout possible. However, challenging those initial payouts is made easier with the help of an expert California Personal Injury Attorney.

Find Top-Rated Personal Injury Attorneys In Los Angeles

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