You can learn how to file a personal injury claim within the local court system rather easily. At Borna Houman Law, we encourage our clients to work with a skilled, experienced personal injury attorney who can help them navigate this challenging process with fewer stumbling blocks and limitations. When you hire an attorney, you protect your right to compensation and fair treatment.
Determine Fault and Losses
Before you can file a personal injury claim, you must fully understand what occurred, why it happened, and who is to blame. This means looking at accident records, police reports, and witness statements to determine the full picture of what occurred.
Once that is understood, you then need to calculate all losses that you can prove through evidence that you have suffered. This includes economic losses like medical bills but also non-economic losses such as pain and suffering.
How to File a Personal Injury Claim Properly
Typically, you will need to file an action with the right civil court in your county to get the legal system involved. In situations where the losses are under $10,000, you would file a claim in the Greater LA area with the Los Angeles County Small Claims Division. For cases worth more than this, you will need to file the correct civil court based on location.
The following then occurs:
- Serve the defendant: The person that is responsible or at fault must be informed of this formally by being served. This gives them information that you are suing them, why, and offers the next steps for that party.
- Proving your case: You will then need to prove your case so that it is clear the defendant is liable for the losses incurred.
- The court will appoint a trial date: After giving the other party time to review and question your case, as well as gather evidence, a trial date is then set by the court.
While this is a very brief description of the process, it demonstrates a few key things:
- You must file your claim in the right court, which is where the incident took place or in the area where the defendant lives.
- You must meet specific communication rules for informing the defendant of the lawsuit, giving them access to witnesses, and providing access to evidence.
- It is up to you to document all of your losses and to provide evidence to back them up that the court can understand.
Because there is often so much on the line with a serious personal injury claim, it is always beneficial to set up a free consultation with a personal injury attorney first. Doing this allows you to learn more about how to file a personal injury claim based on the seriousness of your charges. You also gain the insight of the attorney in determining what your case is worth.
Filing a personal injury claim is necessary in many situations. Doing it properly is essential if you hope to get the compensation owed to you in these cases.