Sustaining an injury is a stressful and challenging time in anyone’s life, and it can become all the more complicated when that injury is due to another party’s actions or inaction. If you’ve been injured in an accident or incident on someone else’s property, you may have the right to file a personal injury claim. If you’re not sure how to proceed, a Chula Vista personal injury lawyer can lead you through the process and ensure your rights are protected.
Mitchell Law Corporation has years of experience handling all types of unique personal injury cases in California, and we’re dedicated to providing quality care that is personalized to each and every one of our clients. No matter your situation, our skilled legal team is here to help.
If you are filing a personal injury claim that is not related to a workplace incident, the claim goes to the California civil court system, where you have to follow specific steps in order to protect yourself and recover the damages you deserve. Typically, the process of filing a personal injury claim in Chula Vista includes five steps:
By working with a Chula Vista personal injury attorney, you can identify the right course of action for filing your claim. A skilled attorney can help you conduct research and provide professional guidance that leaves you with a successful outcome for your case.
After filing the claim, the defendant will have 30 days to respond. If you are still unable to reach a settlement, the case may proceed to the court system, potentially going to trial.
The main requirements for filing a personal injury claim in California are to have a valid cause of action, to report it within the required time constraints, and to file the complaint with the right court. Additionally, there are different requirements for:
Typically, you have two years from the date of your injury to file a personal injury claim against a business or individual. There are some exceptions. For example, you have three years in cases of medical malpractice. If you are filing against a government entity, you have to move a bit faster and must submit a claim within six months of the incident.
When it comes to workplace injuries, the process is a bit more nuanced. If you are injured on the job, it’s pertinent to report the injury within 30 days. Otherwise, you could lose your right to workers’ compensation.
In many cases, you aren’t allowed to file a personal injury claim against your workplace. Instead, the case is handled internally through your workers’ compensation benefits. It’s important to note that your workers’ compensation benefits do not cover damages for pain and suffering or other damages.
Instead, it’s designed to help with medical treatment and to partially replace lost wages due to a work-related injury or illness. That said, you may be able to file a separate personal injury claim against your workplace if:
As a general rule of thumb, you are able to file a personal injury claim if you can prove someone acting carelessly caused you harm. It’s important to gather evidence and document as much as you can from the moment the injury occurs.
From police reports to medical bills to photos of any damages, it’s important to arm yourself with as much evidence as possible so you can bolster your case down the road. A Chula Vista personal injury lawyer can review your situation and help you determine if you have a case if you’re not entirely sure.
Once you’ve decided to file a personal injury claim, it’s important to think about the ways in which you’ve suffered and what you want to receive as compensation. When you file a personal injury claim, you can receive compensation for two types of damages:
General damages refer to non-economic damages related to your pain and suffering, while special damages refer to any costs you incur, like lost earnings, medical bills, and out-of-pocket expenses related to your injuries.
Before you officially file your complaint with the court, your Chula Vista personal injury attorney may try to negotiate a settlement with the defendant on your behalf. A settlement is an agreement made between you and the defendant outside of court. If you and the defendant can come to an agreement, you can avoid the court process altogether.
If you cannot reach an agreement outside of court, you can send the official Summons to the defendant and the Complaint to the court. This starts the official court process and means your case is going to trial.
Trials involve more formal proceedings in court. Depending on the specifics of your case, you may go through a court trial with or without a jury. Trials can be more complicated than settlements, but it’s possible that it may result in higher reward amounts if you take your case to trial.
Depending on what incident has caused your injuries, it is also important to check with your insurance company to see if they can cover some or all of the costs related to the incident. In some cases, you won’t have to file a claim.
Unfortunately, there are plenty of situations in which you can be injured out in the world. That’s why it’s so important to understand your rights when your well-being is put at risk due to someone else’s action or inaction. Personal injury claims come in all different forms, and it can be difficult to understand your rights as they pertain to personal injury cases in California.
Some of the most common include:
Contact a local Chula Vista personal injury lawyer if you have questions or concerns about a potential case after an injury.
Personal injury law can be a complex topic, and it can be overwhelming dealing with the legal process on your own, especially while you’re still dealing with the aftermath of an injury. With a Chula Vista personal injury lawyer on your side, you can focus on your recovery and leave the complexities of your case to a professional.
Personal injury attorneys understand the emotional, financial, and physical impacts a serious injury can have on a person. Moreover, they understand how difficult it can be to take the initiative to take legal action after an injury happens.
Rather than trying to fight for your rights in the wake of an injury, give yourself extra peace of mind by partnering with a professional personal injury lawyer in Chula Vista, CA. Many attorneys offer initial consultations and can discuss their rates with you before you commit to working with them.
A: The settlement amount for a personal injury case depends entirely on the unique circumstances of your case. If you were severely injured and/or accrued expensive medical costs and other damages, you can typically aim for higher settlement amounts.
With personal injury claims, the biggest loss people often suffer includes pain and suffering as well as loss of enjoyment in daily life. A Chula Vista personal injury attorney can help ensure you’re compensated fairly for these types of damages.
A: Your chances of winning a personal injury case vary widely depending on the circumstances of the case. To bolster your chances of a positive outcome, it’s important to gather as much evidence as possible and document everything from the moment you sustained the injury.
A Chula Vista personal injury lawyer can help you navigate the nuanced aspects of filing a personal injury claim and strengthen your case so you have better chances at a favorable outcome.
A: How quickly you can reach a settlement in a personal injury case depends on a handful of factors, including the complexity of your case and your ability to reach an agreement with the defending party in a timely manner.
In the state of California, an insurance company is obligated to issue a check immediately after all parties accept the settlement claim. Typically, they have 30 days from the settlement date to issue payment.
A: Settlements can be paid in different ways depending on your situation. If you’re receiving a large settlement fund, the court may decide to deliver funds in regular payments over time. This is known as structured settlements. Settlements can also be made out to you in one lump sum. For large class action settlements, you can typically expect to be paid a portion out of a general fund.
Our skilled legal team at Mitchell Law Corporation is dedicated to helping you through your personal injury claim so you can protect your rights and recover the most damages possible. When you choose to work with our Chula Vista personal injury lawyers, you can have peace of mind knowing you’re getting personalized care from a dedicated team.
Plus, we work on a contingency basis, which means you don’t have to pay until we recover benefits on your behalf. If you’re ready to learn more or to get started on filing your personal injury claim, contact our office today.
