Maison Law helps injury victims explore their legal options in California. While you certainly have the option to file an injury claim, the way your claim plays out is going to be unique to the circumstances of your accident. For some, this means it could go all the way to trial. To learn more about your options or help with understanding the myths around the claims process, contact us today for a free consultation.
Do All Personal Injury Cases Go to Trial?
You generally have two options when you want to file a personal injury claim in California: filing an insurance claim or filing a personal injury lawsuit. Whether or not your case goes to trial depends on the specifics of your situation. Generally speaking, your case might not even have to go to court if you file an insurance claim. Still, here’s what to expect from each option:
- Insurance claim – After an accident, you can file a claim with either your own insurance or the at-fault party’s insurer. An adjuster will review your case and negotiate a settlement. Settling out of court can be faster and less expensive, but it may not cover all your damages, and the insurer decides the final amount.
- Lawsuit – Choosing to file a lawsuit means taking your case to court, which is more time-consuming and costly. While a lawsuit offers the potential for a larger settlement, it requires more involvement from you. Our team can help with filing paperwork, preparing for court, negotiating, and representing you at trial if needed.
Again, just because you file a lawsuit doesn’t mean your case will go to trial. In fact, the vast majority of personal injury cases resolve before reaching trial. But that doesn’t mean you shouldn’t prepare as if your case will go to trial.
How Can You Prepare Your Case?
Preparation is a huge part of the legal process, whether your case goes to trial or not. It’s all about getting the necessary information and evidence you need for a strong claim. If you’re injured in an accident, your health is the most important thing, but you’ll also need to show the extent of your damages later. Here’s how you can do that:
- Take care of any injuries – Look for any injuries on yourself and others. Call an ambulance right away if there are serious injuries.
- Move to a safe place – If it’s safe, move away from potential dangers. If moving could worsen injuries, stay put until help arrives.
- Get medical care – See a medical professional as soon as possible, both at the scene and at a hospital or urgent care. This helps address injuries and prevent complications.
- Report the accident – Notify the relevant authorities or individuals, such as the police, 911, a store manager, or your employer.
- Collect information – Gather details from everyone involved. Note the location, time, vehicle info, or product details as needed.
- Preserve evidence – Don’t fix or replace damaged items right away. Take photos or videos of anything that caused the accident, your injuries, and any damage.
- Follow medical advice – Stick to your treatment plan and attend all medical appointments. Skipping treatment could hurt your health and your claim.
Every accident is different, so not all steps may apply to your situation. Following these tips can help you stay safe and support your claim, whether it goes to trial or not.
Why Do You Need to File a Claim After an Injury?
The main reason for filing a claim is to recover “damages” made available to you by California law. When your injuries are caused by someone’s negligence, it gives you the legal right to file a claim. But “damages” means a couple different things when it comes to the claims process. First, there’s your potential injuries. Depending on what happens, you can expect to have to deal with:
- Broken bones
- Burns
- Bite wounds
- Muscle or ligament tears
- Traumatic brain injuries (TBIs)
- Head injuries
- Internal organ damage
- Psychological and emotional trauma
In legal terms, your “damages” are financial consequences related to your injuries and losses. The stronger your claim is, the more of a chance you have at recovering:
- Medical expenses – This covers the costs of all your medical treatment related to the injury. It includes hospital bills, doctor’s visits, medications, and any ongoing care you may need.
- Lost income – This provides you with the wages you’ve lost because you couldn’t work due to your injury. It also considers any future income you might lose if the injury affects your ability to work in the future.
- Property damage – If your personal belongings, like your car or other property, were damaged or destroyed in the accident, these damages help pay for repairs or replacements.
- Pain and suffering – This covers the physical pain and discomfort you experience due to the injury. It also includes emotional pain, such as stress, anxiety, or depression caused by the accident.
- Emotional distress – This provides financial considerations for the psychological impact of the accident. It addresses issues like anxiety, depression, or trauma resulting from the incident.
- Loss of enjoyment of life – If your injury prevents you from participating in hobbies, activities, or other enjoyable aspects of life, this financial support aims to make up for that loss.
- Loss of companionship – If your injury has harmed relationships with family or friends, or if you’ve lost support from loved ones, these damages help address those impacts.
- Wrongful death expenses – If the accident resulted in death, this covers costs related to the funeral and burial, as well as providing financial support to the family for the loss of companionship and support from the deceased.
The amount you can recover depends on how well your lawyer builds your case and negotiates on your behalf. It’s important to act quickly to meet legal deadlines and strengthen your claim. In California, you have two years from the date of the accident to file your claim. Missing this deadline means you can’t recover damages at all.
Get Answers From Experienced California Personal Injury Lawyers
Getting hurt in an accident is always challenging, but especially when it happens because of negligence. It brings physical pain, impacts your health and movement, and can cause mental stress and financial problems. Accidents often happen at the worst times. At Maison Law, we’re here to help you through the legal process. Our experienced California personal injury lawyers are dedicated to answering your questions, protecting your rights and seeing your claim through to the end. To get started, contact us today for a free consultation.
