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Stages of a Car Accident Lawsuit in California Following an accident, car accident victims will have many concerns about their health, financial wellbeing, and fairness. Who will be held responsible for the accident? Will victims be able to pay their household and medical bills? Are their injuries permanent, and will they be able to go back to work? Car accident victims may want to find the best car accident lawyer Los Angeles to help fight for their legal right to compensation. An experienced personal injury Los Angeles car accident lawyer will know how to answer your questions and help you file a claim with the negligent driver’s insurance company, and if necessary, file a lawsuit to compensate you for your losses. Personal injury claims and lawsuits can take months or years to settle and require specialized legal knowledge and expertise to master. In this article, we will walk through the essential steps of a personal injury claim and lawsuit so you will know what to expect after being injured.
Pre-litigation The vast majority of personal injury claims settle without filing a lawsuit. The pre-litigation or pre-lawsuit stage is essential in gathering information, filing an insurance claim, consulting with experts, and negotiating with an insurance company. •
Initial Consultation – Before filing a personal injury claim, you may wish to consult with a personal injury attorney who will evaluate your case to see if your claim is valid. If the car accident attorney Los Angeles feels that you have a valid personal injury claim and you want the law firm to handle your case, you will need to sign an agreement for them to represent you.
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Document Medical Records – Your attorney will obtain your medical records, speak with your doctors, etc., and make an assessment of your overall medical condition.
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Calculate Damages – Damages are based on your injuries, length of recovery, pain and suffering, injury-related expenses, lost income, etc.
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File a Claim and Work With an Insurance Adjuster – One of the first steps in settling a claim is to notify the insurance company that their policyholder had an accident and you are injured. After you inform the insurance company, they will begin an investigation and assign an adjuster to your claim.
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Crash Investigation – In addition to gathering medical information, your auto accident attorney Los Angeles California will conduct a crash investigation. The investigation may include evaluating the police reports and the crash scene, assessing the other driver’s vehicle and phone records, and reviewing witness interviews. Your attorney will look for information to prove that the other driver was negligent.
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Expert Consultation – Expert testimony can be a crucial part of building a strong case. Customary experts include accident reconstruction professionals, doctors, medical specialists, scientists, and engineers who can help your car accident attorney Los Angeles win the case.
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Insurance Company Negotiation or Filing a Complaint – Once all of the investigative information is complete, your car accident attorney Los Angeles will negotiate with the insurance company’s legal team. If the insurance company refuses to offer a fair settlement, your attorney can file a court complaint to initiate a lawsuit.
Litigation and Mediation At the litigation stage, your auto accident attorney Los Angeles California files a lawsuit against the negligent parties. When readying for trial, attornies from both sides will prepare for the discovery phase, where witnesses give sworn testimony. It consists of a question-and-answer session between the attornies and any chosen witnesses. Once discovery ends, your attorney and the insurance company attornies can meet again to discuss the newly acquired information. They sit down with a mediator, an unbiased third party trained to help both parties work out a settlement. If mediation negotiation fails, the lawsuit can proceed before a civil court judge.
Trial and Appeal In a civil trial, a judge or jury of your peers decides the verdict based on the evidence presented to them by the injured parties’ attornies and the defendant’s attornies. Civil trials generally last a few days to a few weeks. If the judge or jury decides in your favor, the lawsuit is over unless the defendant files an appeal. If the decision favors the defendant, your attorney can file an appeal. If you have any questions, you can contact M&Y Personal Injury Lawyers. They are Los Angeles car accident lawyers who care. Call: (818) 714-8756