Knowing how to file a personal injury lawsuit is critical to the success of your accident claim. Once you have determined you have a case, the process involves filing paperwork with the court and following up with evidence gathering and negotiations.
A Los Angeles personal injury lawyer is in the best position to file your claim accurately and take it through the process efficiently.
You Must Have Grounds to File a Personal Injury Lawsuit
Personal injury claims are a means of legal recourse. If you are hurt because of another party’s negligence, you have the right to hold that party accountable for paying your damages. To file, you need to be certain you actually have a legitimate claim for negligence.
“Negligence” comprises four elements. The first is the duty of care. You must be able to prove that the negligent party owed you this legal obligation of safety. For example, motor-vehicle operators owe everyone else on the roads a duty to drive safely and follow all traffic laws.
Next, you must prove the negligent party failed to fulfill this obligation in some way. A driver who speeds or texts and drives breaches their duty.
Then, you have to create a direct connection between the breach of duty and the accident, and show that the accident caused you measurable damages. A personal injury lawyer can review your case to see if it meets these requirements.
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How to File a Personal Injury Lawsuit on Time
Once you know you have a valid claim, you must file your lawsuit within California’s statute of limitations. California has established deadlines to sue someone, and if you miss the deadline, you may lose the opportunity to collect damages.
The State imposes the following deadlines for different personal injury claims:
- 2 years for injury to a person
- 2 years for wrongful death
- 3 years for damage to property
- 1 or 3 years for medical malpractice
Additional deadlines apply to other situations. Never assume you are too late to file a personal injury lawsuit without first speaking to an attorney. Some situations warrant a “tolling” or extension of the deadline, and if yours does, we can help you proceed with your claim.
Steps in the Process for Filing Your Lawsuit
Since a successful claim resolution requires proving the four elements of negligence, the first step in the filing process is identifying the at-fault party accurately. Your personal injury lawyer in Los Angeles will do this by conducting a thorough accident investigation.
Your lawyer will value your damages, calculating a fair settlement amount. You are likely entitled to economic damages to cover your accident-related financial losses and non-economic damages to acknowledge accident consequences that do not come with a bill attached.
We fully understand pain and suffering in personal injury lawsuits and will put a fair value on those intangible losses.
Once you have identified the negligent party and valued your damages, you can file a personal injury lawsuit. You must file the complaint in the county where the incident occurred. You need to file a civil case cover sheet and summons to be served on the defendant, as well as a complaint form that applies to the specific nature of your claim. You also have to pay the court fees associated with filing.
Accuracy Matters
Knowing how to file a personal injury lawsuit involves more than just knowing what forms to fill out and where to take them. You must be sure the information you include is error–free and complete. Mistakes can lead to setbacks or even dismissals.
Legal language can be difficult to understand and increases the chance of error. To avoid losing out on compensation because of accidental errors in paperwork, have an attorney manage your claim. We will take care of all the details and complete and submit all paperwork accurately and on time.
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The Follow-Up to Filing a Personal Injury Lawsuit
After you file your claim, the discovery process begins. Each side continues gathering evidence and information. This information will likely include police reports and documentation of medical diagnosis and treatment. An experienced personal injury attorney knows what types of evidence are most convincing and how to compile and present it.
Representatives will also “depose” or take official statements from witnesses. The sides must exchange the information and evidence collected. The discovery phase opens up the opportunity to reach a settlement and resolve your claim without having to go to trial.
Still, you need to be aware of the pitfalls of rushed settlements and why the initial offer is not always the best. An experienced Los Angeles personal injury attorney can work to negotiate fair compensation or let you know if a trial is a more promising path to justice.
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When Your Personal Injury Lawsuit Goes to Trial
If the at-fault party’s representatives do not make reasonable settlement offers or use other strategies to stall the negotiating process and deny you justice, you may need to take your case to court. By filing a personal injury lawsuit within the statute of limitations, you protect your right to fight at trial.
If negotiations fail, we will tell you what happens in a personal injury trial. First, there will be pre-trial motions. The at-fault party may file a motion to dismiss your case.
If you have not filed accurately, the judge may honor this request. Having a personal injury attorney file a personal injury lawsuit helps avoid this scenario.
Each side will offer opening statements, present evidence, call witnesses, and cross-examine the other side’s witnesses. The trial ends with closing statements, after which the jury deliberates and ultimately renders a verdict.
We Can Manage Your Case From Filing to Resolution
The Ryan Law Group can handle your personal injury lawsuit from beginning to end. We can take care of filing the appropriate documentation, gathering evidence, and fighting to secure the highest compensation available.
Connect with us for a free consultation and put your case in our experienced, capable hands so you can focus your energy on recovering.
Call or Text (310) 321-4800, or Complete a Free Case Evaluation Form
