How to Know if you have a Personal Injury Claim & What to Do
As the name indicates, a personal injury is any type of injury that occurs to your person due to the negligence of another party. While this may seem straight-forward, there are many questions that arise such as: does my injury qualify for a personal injury claim? how and where do I file my claim? is there a deadline for filing my claim? These are all questions that can be answered and handled by an experienced personal injury attorney.
Many injured parties are concerned about filing a personal injury claim because they fear it will make them appear “money-hungry.” While we have all heard stories about outrageous claims seeking unreasonable amounts of money, a personal injury is a serious matter. Most injured parties experience physical, mental and emotional hardships that they deserve to be compensated for by the negligent party. It is not right or just for you to bear the burden of your recovery alone.
It is important to understand that in many personal injury cases, you are not suing a person, but rather, their insurance company. In an auto accident, you would file a lawsuit against the negligent driver’s auto insurance. In a slip and fall accident, the property owner’s insurance would be involved in the litigation.
The statute of limitations (or deadline) for filing a personal injury claim is set forth in California’s Code of Civil Procedure 335.1. It states that a lawsuit for an “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” shall be two (2) years from the date that the injury occurred.
In order to make the process of filing a personal injury claim more expedient and efficient, you can gather the following information prior to meeting with your attorney:
- The date and specific location of where the accident occurred
- Copies of any police reports or information regarding the presence of police at the scene of the accident
- Information regarding the medical attention you received at the scene of the accident and following it
- Proof of all medical expenses, even if covered by your insurance
- Any information regarding medical treatment you may need in the future
- Estimate of any wages you have lost as a result of your injury and inability to work
- All information showing the damages to your personal property
- Contact information and statements from witnesses to the accident
- All pictures and videos of the accident
- Any other information that would be helpful to your personal injury attorney in assessing your case.
If you are the victim of an accident resulting in a personal injury, we can help. Contact the Law Office of Alex Cha & Associates today to schedule an appointment and learn how we can assist you in recovering compensation for the damages you have suffered.