How to File a Personal Injury Lawsuit

Wondering how to file a personal injury lawsuit? Read this article to learn how to file an injury claim, when to talk to a lawyer how to prove your case

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How to File a Personal Injury Lawsuit

Sustaining an injury in a Los Angeles accident can entitle you to financial compensation from the individual or party responsible for the accident. To obtain this compensation, you must file a personal injury case in the state of California. In principle, bringing a lawsuit is easy. You must file papers with the state courts to have documentation to support the claim.
file a personal injury lawsuit
However, unique circumstances surrounding your case can complicate the filing process. You may or may not need the assistance of a personal injury attorney to file a claim.

Talk To A Lawyer

The first step should be to call a Los Angeles personal injury attorney for a no-cost consultation on your case. A lawyer will provide you with an objective impartial opinion about whether you have legal standing to sue, the value of your damages, and whether your case will benefit from legal counsel. Legal counsel should assist you in determining what to do and what not to do when filing a lawsuit. If you want to employ an attorney, he or she will handle the task of filing personal injury cases on your behalf.

Understand Your Rights

Before you can file a personal injury claim, you must at the very least consider the applicable rules. You must first provide the legal basis for your argument. If, for example, you stumbled and fell and fractured your ankle, you can familiarize yourself with California’s premises liability rules. Understanding the nature of the case can include critical facts, such as the statute of limitations for making a lawsuit. Another aspect of a lawsuit that a personal injury attorney may assist you with is understanding your rights.
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File Your Claim With The Civil Courts In Your County

After consulting with a lawyer to see whether you have evidence for a personal injury lawsuit, file your complaint with the appropriate state court of your jurisdiction. Generally, you must sue with the jurisdiction where the accident happened or the defendant lives. Locate the county’s civil claims court. If your accident-related costs are estimated to be less than $10,000, you can file a lawsuit with the Los Angeles County Small Claims Division. On the courthouse’s website, you can download, complete, and apply the paperwork necessary to file a lawsuit. Generally, you would not need the support of a prosecutor to file a small lawsuit.
If the value of a litigation exceeds $10,000, you can retain a lawyer to defend you in a dispute and/or insurance settlement agreements. A lawyer will ensure that you do not negotiate for a sum that is insufficient to compensate for your injury and losses. Your attorney will assist you with completing complicated documents and filing it with the appropriate federal court under California’s statute of limitations. There is a deadline that allows you to make a claim for up to two years from the date of the injury. If you do not file a personal injury case in California within two years, you will almost certainly forfeit your right to sue.

Serve The Defendant

Following the filing of the lawsuit, you or a contracted professional must present the defendant with the documents. This informs the claimant of your allegation and informs him or her that you plan to pursue compensation in a lawsuit, if appropriate. The defendant would then have an opportunity to answer to the lawsuit, either by admitting responsibility and seeking a remedy or by refusing liability entirely.

Prove Your Case

It is up to you or your attorney to establish the defendant’s responsibility for the losses. A effective personal injury lawsuit requires establishing the defendant’s fault through a preponderance of the facts – demonstrating that the defendant is more likely than not to be at fault. A Los Angeles car accident attorney will provide you with the presumption of evidence in order to maximize your chances of receiving a settlement or arbitration prize. If the lawsuit is successful, you might be entitled to financial reimbursement for previous and future losses.

Fair Cases Law Group, Personal Injury Lawyers
5411 S. Broadway Ave, Suite 200,
Los Angeles CA 90037

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Phone: (833) 324-7111

Email: [email protected]