Maison Law helps injury victims in California. There’s a lot of myths and misconceptions about the legal process, even with a wealth of information out there. One of the most important parts of any injury claim is the “statute of limitations,” or deadline you have to file a claim. This makes acting quickly very important, and our team will be there to support you. Contact us today for a free consultation if you have any questions about your legal options.
Can You File a Personal Injury Lawsuit at Any Time in California?
In California, you can file a personal injury lawsuit within a certain time frame following your accident and injury. According to state law, you have:
- Two years from the date of the accident to file a claim.
This means that you can’t file a personal injury claim at any time. Rather, it gives you two years to file your claim. The reason that California (and every other state) has a statute of limitations is to make the process more efficient.
But even more importantly, the deadline is in place because no matter what type of accident you’re in, the longer you wait, the harder it’ll be to prove your case. Your injuries will heal over time, which makes it more difficult to tie it to the accident. Moreover, it can be more difficult to locate any witnesses and collect the vital information you need for your claim. The question then becomes, what do you need to do to put together a strong claim.
What Do You Need For a Strong Injury Claim?
Injury claims in California cover a wide variety of different types of accidents, from car accidents to accidents at work. No matter where or how your accident happens, it’s important to take steps to protect and strengthen a potential claim. The best way to do that is to gather important information and evidence at the scene. Specifically, though, here’s what you should do:
- Call for medical help – It’s important to get checked by a medical professional right away, even if you don’t feel hurt. This keeps you safe and creates a record of your injuries. Call 911 for an ambulance. For less urgent cases, visit a doctor or urgent care.
- Report the accident to local police – When you call 911, also ask for local police to go to the scene and manage it. Tell the police what happened clearly. Get a copy of the report or at least the report number. You can’t use it as evidence, but it still has important information.
- Exchange information – You need to swap details with others involved to handle insurance and claims properly. Share names, phone numbers, addresses, and insurance information with everyone else involved.
- Document the accident – Taking pictures and videos at the scene help show what happened and can be important for your case. Make sure to take clear photos and videos of the damage, the scene, and any other conditions that contributed to the accident.
- Don’t admit fault – Saying you’re at fault right away can make things complicated. Fault is determined later by the evidence. Focus on the facts and avoid saying things that could be seen as admitting fault.
- Be careful with statements – What you say can affect your case. It’s best to be careful and stick to the facts. Be factual and avoid making comments that could be misunderstood or used against you.
These steps can help protect your rights and ensure that you have the necessary information and evidence to support your case. But more to the point, this information and evidence ties everything together, giving you a stronger claim. And the longer you wait, the more difficult it is to get this information.
What is the Claims Process After an Accident in California?
It’s important to understand how the process works once you decide to file an injury claim in California. While it will involve general steps, the actual process is going to vary from case to case. This means that your case won’t necessarily play out the same way as others.
However, it starts the same: by filing either an insurance claim or lawsuit. The insurance claim process happens outside of court and is totally controlled by the insurance company, while a lawsuit is more formal and takes longer.
In most injury cases, you start with an insurance claim then proceed with a lawsuit if the insurance company’s settlement offer isn’t enough to cover your “damages.” Damages is simply the legal term for your losses from the accident, and allows you to recover financial support for them. These typically include things like:
- Medical expenses
- Lost income or earning potential
- Repair/replacement costs for vehicle or other property damage
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
These damages are going to be very important for your overall recovery. So, it’s extremely important that you follow the specific rules and deadlines that are in place.
To make sure you handle everything correctly, it’s a good idea to consult with our team of California personal injury lawyers. We can guide you through the process and help you meet all the necessary requirements, including important deadlines.
Contact Maison Law After an Accident in California
Facing injuries in California is always difficult, and you may not know what to do. But, with a statute of limitations, you have to act quickly. At Maison Law, our team of California personal injury lawyers can make the legal process easier for you and make sure you have a properly filed and supported claim. If you would like to learn more about your legal options, contact us today for a free, no-obligation consultation.
