Accidents and injuries are inevitable. Even if things are not going in your favor, what you can do for yourself in these situations is to file a personal injury claim to receive compensatory damages from the entity or the person responsible for the accident. A personal injury attorney in Irvine can help you to understand the procedures in a better way. If you have not claimed for a personal injury before, then the procedure may seem complicated, but we will try to explain it step by step. Let’s have a look at this.
A Personal Injury Claim’s Initial Steps
Before jumping into any step, it is important to note that personal injury cases are unique. Similar to the circumstances surrounding an injury or accident, the timeline of the personal injury case can vary greatly. So you need to understand the circumstances and take steps accordingly. Consider these steps as a general guide to claiming compensation for your injuries. But you need to keep one thing in mind: most claims settle before they reach the last stage on the list.
- Obtain medical care
If a lawsuit becomes necessary later down the line, medical records will help you in many ways. After someone has been involved in an accident or has sustained any injury, they must seek immediate medical treatment. It may involve visiting the emergency room or the primary care clinic. Additionally, early medical records serve as a shred of evidence and work as a vital point in the compensation claiming process. Seek help from a personal injury lawyer in Newport Beach for further procedures in the personal injury claim.
- Establish negligence
Most personal injury cases center on negligence or a failure to use reasonable care in a situation where the other person could be harmed. Proving negligence can be a bit difficult for plaintiffs who are working on their own. An experienced personal injury attorney in Costa Mesa can help their clients successfully navigate this step.
- Serve notice of claim.
If the victim decides to pursue a personal injury case, they must inform the involved parties of their intent to file suit. Most of the time, the notice is delivered personally by a professional process server, court official, or law enforcement officer. It is also known as the service of process.
- Begin settlement talks
The claimant’s lawyer may demand from the defendant’s attorney or the insurance company before the case goes to a court of law. The attorney will try to negotiate a settlement that will be acceptable to both parties. Most personal injury claims settle at this point, so you do not have to take the burden of visiting court.
- File a lawsuit
Litigation will begin when the plaintiff and his lawyer file a personal injury lawsuit in a court of law. It will initiate the discovery phase, where each of the parties that are involved in the case will complete an investigation into other parties’ claims and defenses.
Both parties must respond to all requests for information as truthfully and thoroughly as possible because the discovery phase involves a lot of documentation, which can last up to a year. Take the help of a personal injury lawyer in Irvine to make the legal procedures a bit more uncomplicated.
- Attempt mediation
In such a situation, take the help of a personal injury lawyer in Costa Mesa. The lawyer will have the opportunity to settle the case after the discovery phase ends, known as the mediation phase. This step involves a meeting between the parties and a neutral third party. The mediator will try to resolve the case that must satisfy both parties, and if it proves unsuccessful, the case will advance to trial.
Take a Personal Injury Attorney into Account
When someone sustains an injury or has been in an accident, they must be able to focus on their health and well-being. Fortunately, Newport beach personal injury attorneys can guide accident victims through unforeseen circumstances. If you or any loved one has been through these circumstances or experienced an accident, you must consider a personal injury attorney. Personal injury claims help the victim receive the compensation they deserve.
Accidents and personal injuries can cause a lot of damage, which will come to your knowledge only when the medical bills begin to pile up. Then only you realize that the accident has dealt a serious blow to the quality of life. So, take the help of the law before it’s too late. Services provided by Castro & Company are optimized and tailored to meet all your specific requirements and objectives. Call immediately and clear your queries for more details regarding the procedures.