How to file a personal injury claim?

A personal injury claim can provide compensation for financial losses or emotional problems that have arisen from an accident or injury caused by the negligence of a person or the person in charge of the premises where you suffered such harm. These injuries can include slip and falls, traffic accidents, defective products, and more.

When you file your claim and win your case in court, the person responsible for your accident must pay for:

  • Hospitalizations
  • Doctors
  • Medications
  • Rehabilitation therapies
  • Emotional therapies for trauma derived from your accident
  • Lost wages due to your disability and a recovery time that prevents you from going to work
  • Material losses of any object involved

The first step in filing a claim will be to consider that the state of California uses three factors to consider your personal injury claim case as valid. These factors include the level of responsibility of the person believed to be negligent, the damage the injured person has suffered both emotionally and physically, and the financial situation of the person responsible for the accident. Therefore, it will be essential to consider these factors when making your claim. To file your claim, you must also have the legal capacity to do so and prove that the person at fault was the cause of your accident without any doubt.

The second step will be to hire a legal advisor to represent you so that together you can file your claim in the county where the injury was suffered and contact any witnesses that saw the accident.

Ultimately, your attorney will attempt to reach an agreement with the person at fault in your accident to negotiate compensation without having to go to a trial that could take months or even years. However, in case of not reaching an agreement with the guilty party, you will be able to present your claim, including the evidence you have, statements of witnesses, or even new evidence that may arise in the process of gathering evidence in which your lawyer can support you.

When you have a personal injury case, reach out to our team to help you throughout the process, as it can be complicated and tiring. The Herrera Law team will always look for the best solution.

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