How to File a Personal Injury Claim?

You might qualify for a personal injury case if you have been injured due to negligence or the incompetence of another person.  Personal injury cases include but aren’t limited to car accidents, slander, and defamation of character, slips and fall injuries.

The first step to filing for a personal injury case is to determine if there is a case at all.  You may need the advice of a professional personal injury lawyer to tell you if you have a case worth chasing. They will quickly check if there is adequate insurance cover over your claim. If there is no sufficient insurance cover from a reputable company the lawyer can still opt to pursue the case if he feels he can process a claim on your behalf.  Ideally, your first consultation with a personal injury lawyer is free but make sure you bring along all documents, IDs, photo and anything that will help you win the case.

The cost to hire a personal injury lawyer in San Francisco

Like we said before, your first consultation with a personal injury lawyer ought to be free. However, if they choose to accept and pursue your case, many personal injury lawyers will be involved in it. They will definitely work to take their pay of the lawsuit should they win the case. On average, most law firms will take about a third of the claim amount. Other fees like the cost of hiring investigators, the cost of filing the case in court or the cost of expert witnesses can add up to the initial fees you pay.  On an hourly rate, lawyers will collect several hundred dollars or more.

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Cases that are considered as Personal Injuries?

If you are injured due to another person’s actions, you can file in a personal injury lawsuit. However, common personal injuries usually revolve around accidents, medical malpractices, character defamation and a host of other injuries. Here is a list of some of the more popular injury cases in San Francisco:

Car Accidents

Careless or reckless driving that results in the injury of others is termed as personal injuries. However, in states where the no-fault system is in play, the car accident victim may qualify for claims without court proceedings. 

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Slip and falls

If someone falls and gets injured in another person’s property, he or she may qualify for a personal injury claim.  More often than not, if the injury was as a result of neglect or negligence on the part of the owner, then a claim can be made.

Medical Malpractice and Unethical Conduct

Unethical conduct in medical practice can lead to injuries and even death of patients. So if someone dies as a result of medical mistakes and personal injury claim can be filed.

Dog Bites

If the owner of a dog doesn’t restrain the animal properly and it bites someone else then the victim of the dog bite can file a claim against the owner.

Character defamation

 Character defamation is a very serious offense in most states. If an individual spreads falsehood about you to the general public, you are at liberty to seek redress in the law court. Slander or character defamation may also include falsehood against your business.

Defective or bad products

Defective products are all around us, in supermarkets and in online stores and departmental stores. If a defective product causes you personal injury, you can file a lawsuit to the manufacturer seeking claims.

Personal Assaults

Assaults of any kind can be seen from a personal injury perspective. Most assaults can be resolved by the people involved but when it gets out of hand and results in personal injuries, a claim can be filed.

What you have to do to process claims

The first thing to consider in a potential personal injury case is your health and the health of others if it involves a car accident. Here is a bulleted list of what you should do. Please, be advised that this list shouldn’t be followed in the exact same other. The procedure could differ because of varying circumstances:

  • Collect as many photographs as you can in as many angles as you can.
  • Create an inventory of all medical bills and payments you have made regarding the personal injury accident.
  • Quickly gather names and addresses of all parties involved in the accident so you don’t miss out on who to contact.
  • Take notes or record conversations with other persons who are involved in accidents.
  • Inform those who caused the accident that you will file a lawsuit against them.

How long do you have to notify someone of the Personal injury lawsuit claim?

That a claim can be filed when you wish doesn’t mean that you should procrastinate it. Quick action on your path may greatly increase your chances of resolving it. That you have given formal notice of your personal lawsuit claim doesn’t guarantee that it will be filed. You still have to do the necessary paperwork to get it done.  It just shows that the other party involved has been formally notified of your injuries. 

There is a time limit so make sure you do the needful. Failing to file your claim can jeopardize your chances of winning the case. Unless there are physical injury limitations, you should file for a claim as soon as possible.  The statutes of limitations are a guide that allows individuals to file for claims within a specified timeframe after the event occurred.

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