What Is a Personal Injury Claim? - Belmont Accident Lawyers

Not to be confused with a personal injury lawsuit, a formal in-court proceeding involving a plaintiff and defendant, a personal injury claim is an out-of-court legal action where an injured party seeks compensation from an insurance company.

Ultimately, an injured person may recover monetary compensation after sustaining physical or emotional harm due to another person’s negligence or intentional misconduct by filing a personal injury claim.

Here is some helpful information about the personal injury claim process, what to know before filing, and if hiring a personal injury lawyer is necessary.

Types of Personal Injury Cases

A “personal injury” may entail a physical, emotional, or even psychological impact. When this occurs, the person injured may seek compensation for various losses, including medical expenses, lost wages, and pain and suffering. Personal injury cases arise from various circumstances and may involve the following.

Car Accidents

Motor vehicle accidents often result from negligent driving behaviors, such as drunk driving or distracted driving. The at-fault driver of a car accident may be liable for injuries and damages if their reckless behavior caused the car crash.

Slip and Fall Accidents

Property owners are legally responsible for maintaining safe premises, so when a slip-and-fall accident occurs, they may be liable. This occurs when an individual loses his or her footing due to hazardous conditions and becomes physically injured while on another person’s property.

Defective Products

Individuals injured by dangerous or defective products may hold manufacturers or distributors liable for damages. In personal injury cases, this often includes vehicle parts like airbags, brakes, and seatbelts. Design flaws and inadequate quality control can lead to serious and catastrophic injuries.

Truck Accidents

Truck accidents involving large commercial vehicles, like 18-wheelers, tractor-trailers, or big rigs, can lead to severe injuries or fatalities. These cases are particularly complex, as they may involve multiple parties who could be held responsible, such as the trucking company, truck driver, loading company, or a third party.

Medical Malpractice Cases

This involves cases with healthcare providers who commit medical errors, such as delayed diagnosis, misdiagnosis, or surgical errors. During the personal injury claim process, if it can be proven the medical providers were negligent in their practices, they may be held liable for any ensuing injuries.

Wrongful Death

When a personal injury accident results in a fatality, surviving family members may pursue a wrongful death claim to seek compensation for their loss. A wrongful death can occur immediately at the accident scene or later as a result of sustained injuries.

When Does a Personal Injury Claim Need to Be Filed?

Under California law, the statute of limitations sets a timeframe for how long an individual has to file a personal injury claim with the insurance company and a personal injury lawsuit with an assumed liable party.

Typically, the suit must be filed within two years of the date of injury. However, government entities often have a shorter filing window of just six months. Missing the filing period will result in the loss of the right to recover compensation.

To ensure compliance with applicable statutes of limitations, it is advisable to consult with a personal injury attorney immediately following an accident. Consultations are often free with most Long Beach personal injury law firms.

Who to File the Personal Injury Claim Against

Before pursuing a personal injury claim, it’s crucial to identify the at-fault party or parties. In a car accident, for example, potential defendants may include:

A negligent driver
The driver’s employer (e.g., Uber, Lyft) if the accident occurred during a ride
A third party

If multiple drivers contributed to the accident, they may share liability. In such cases, a claim can be filed against all responsible parties. Additionally, personal injury cases are typically settled in the jurisdiction where the injury occurred or where the defendant resides or conducts business.

A Summary of the Overall Personal Injury Claims Process

The specific steps and timeline of a personal injury claim can vary depending on the complexity of the case and the laws of the jurisdiction. Consulting with an experienced personal injury lawyer will help navigate the legal proceedings and protect clients’ legal rights. The overall personal injury claim process will entail the following.

1. Filing a Personal Injury Claim

A claim can be initiated with both the claimant’s insurance provider and the at-fault party’s insurance company. Once the victim’s insurance is notified, they will contact the other party’s insurance to open a claim.

2. Medical Treatment

Even if a claim is still pending, the claimant should seek immediate medical treatment if any hint of injury was sustained from the accident.

Document all medical bills, follow the treatment plan, and retain all medical records (invoices, diagnoses, prescriptions, etc.).

3. Investigation

Collect substantial evidence that supports the investigation, such as police reports, witness statements, and accident scene surveillance or photos. The evidence will be used to establish liability and calculate damages owed.

If working with a personal injury law firm, the legal team will conduct this portion, relieving clients of strenuous work while they recover.

4. Demand Letter and Negotiations

A demand letter detailing sustained injuries, damages, and the amount of financial compensation owed will be submitted to the at-fault party’s insurance company.

Based on the demands, the other party’s insurance company will likely proceed with negotiations to reach a lower settlement. Depending on whether liability is accepted, negotiations could be followed up with litigation, where the case is resolved in court.

5. Filing a Personal Injury Lawsuit

If a fair settlement cannot be reached, the victim can sue the other party and present the case to a judge and jury for a decision.

At this stage, it is strongly recommended that a personal injury attorney take over the court proceedings, which can be extremely complicated.

6. Discovery and Pre-Trial Proceedings

Both sides (plaintiff and defendant) exchange information and evidence through depositions, interrogatories, and document requests; this is called discovery.

Based on the findings during the discovery stage, each party can motion or dismiss the case. Sometimes, both parties decide to bring in a mediator to help reach a resolution or attempt negotiations again before going to trial.

7. Trial and Judgment

If the case proceeds to trial, a jury will hear evidence and arguments from both sides. Then, a judgment will be made by the jury, which will determine liability, render a verdict, and award damages if necessary.

If either party is unsatisfied with the final verdict, they may appeal the court’s decision to a higher court.

How to Begin Filing a Personal Injury Claim in Long Beach, CA

In civil cases, there is the flexibility to use pre-printed court forms or create personalized documents, known as pleadings. While forms can simplify the personal injury claim process by providing a structured framework, it’s important to understand the specific requirements for each case.

Plaintiffs must always file a Summons and a Complaint. The Complaint outlines the legal basis for the claim and the relief being sought.

Required Forms

Summons Form SUM-100: A formal document notifying the defendant of the lawsuit
Civil Case Cover Sheet Form CM-010: Provides basic information about the case
Complaint—Personal Injury, Property Damage, Wrongful Death Form PLD-PI-001: A general form that can be customized with specific causes of action

Optional Forms

Additional forms may also be filed if they are appropriate to a case. The Causes of Action Forms include:

Exemplary Damages

In certain cases, a plaintiff may seek exemplary damages, which are punitive damages awarded to punish the defendant for egregious behavior. To pursue exemplary damages, it must be demonstrated that the defendant acted with malice, fraud, or oppression. The following form can be used to request such damages: Exemplary Damages Attachment Form PLD-PI-001(6)

What Can Be Compensated in a Personal Injury Case?

When pursuing a personal injury claim, individuals may seek compensation for various damages to offset financial burdens. These damages often include:

Medical Bills: All medical expenses related to treatment, including ambulance fees, hospitalization, surgery, physical therapy, and future medical care
Lost Wages: Income lost due to the inability to work as a result of the injury, including reduced earning capacity
Property Damage: Costs to repair or replace damaged property, such as vehicles or personal belongings
Pain and Suffering: Compensate for physical pain and emotional turmoil experienced as a result of the injury
Emotional Distress: Damages for mental anguish, anxiety, depression, or other psychological harm
Loss of Enjoyment of Life: Compensation for the inability to participate in activities and hobbies due to the injury

The overall value of a case depends on the specific types of sustained damages. These losses must be accounted for and evaluated before the value can be determined.

Proving Another Pary Is at Fault in a Personal Injury Case

To successfully pursue a personal injury claim in California, it must be established that the other party’s negligence caused the accident. This involves proving the following four elements:

Duty of Care: The defendant owed a legal duty to act with reasonable care. For example, a driver has a duty to operate a vehicle safely.
Breach of Duty: The defendant failed to fulfill the duty of care. This could involve speeding, driving under the influence, or disregarding traffic signals.
Causation: The defendant’s breach of duty directly caused the personal injury accident. A clear connection must be established between the negligent act and the resulting harm.
Damages: The injured party suffered actual losses, such as medical expenses, lost wages, property damage, pain and suffering, or emotional distress as a result of the personal injury accident.

By providing evidence to support these elements, it can be demonstrated that the defendant is liable for damage, justifying the right to seek appropriate compensation.

A Long Beach Personal Injury Lawyer Can Help

While consulting a Long Beach personal injury attorney can be beneficial in any personal injury case, it’s particularly important in the following situations:

Severe or Uncertain Injuries: If you’ve sustained a serious injury with potential long-term consequences, such as disability or chronic pain, legal counsel can help you understand the full extent of your damages and protect your rights.
Complex Liability Issues: When multiple parties may be at fault for the accident or when the liability is unclear, an attorney can help you identify all potential defendants and build a strong case.

By seeking legal advice early on, personal injury victims can ensure that their rights are protected and receive the maximum compensation they deserve.

If you have suffered harm–physical or mental–in a personal injury accident, Belmont Accident Lawyers in Long Beach, CA, can help you recover the financial compensation you are entitled to.

To learn more, schedule a free consultation with our award-winning legal team today.