Starting a car accident lawsuit

Filing a personal injury case can be a daunting task especially if it is the first time for you. It is important to understand the entire legal process for claiming your injuries. If you are thinking about how to file a car accident lawsuit; it is important to have knowledge about personal injury cases.  It is good to have an attorney by your side especially when you know that there are lots of evidences to prove your allegation. According to California laws, 50% of the total compensation will be deducted if the plaintiff is partially responsible for the accident.

Steps to file a car accident lawsuit:-

The compensation system of California has been premeditated to make available insurance coverage for various accidents- car accidents, slip and fall injuries and much more. You are eligible for a lawsuit when you suffer losses and injuries because of negligence of a third party. Here mentioned are 5 steps that would help you file a personal injury lawsuit.

Step 1: Collecting information about the accident scene

It is essential to document the scene in the best possible manner so that it can be used as supporting evidence. However, it is not possible to gather this evidence in case you are experiencing severe injuries.  But in case you are able to do so, this information can prove to be beneficial to support your case and it becomes easier to deal with the insurance companies. The information that you should collect are: photographs, obtaining details from the witnesses, and personal recollections.

Once you are done with it, take immediate medical help in case if you have experienced minor or major injuries. There are certain injuries that do not show any immediate symptoms but it can cause problems in the long run. So it is essential to seek medical help as soon as possible.

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Step 2: Legal standing is a must

It is mandatory to have legal standing when filing a personal injury case in San Diego. To have a legal standing, it is important to have:

  • You must be injured through action or inaction by the defendant
  • You need to an actual legal entity
  • Should have potent legal capacity (Adults who are mentally challenged and children below 18 years of age do not have legal capacity)

Step 3: Find out for whom to take legal action

In personal injury cases, it is important to against whom the charges should be leveled. It has to be proved that the negligence of the third party has caused the injuries. Legal attorneys could play a big role in determining who to sue.

In case you are responsible partially for the accident, the compensation will get deducted by a percentage by which the court decides. For example, if you are 30% responsible for the accident, the compensation percentage would be reduced by 30%.

Step 4: You need to stay within the statute of limitations

Statute of limitations can be defined as the time frame within which the aggrieved party has to file the lawsuit. After the expiry of the tenure, the individual cannot file a suit. In California, the time is 2 years from the accident date. You will lose your right to compensations in case you are unable to file the lawsuit within that time frame.

Step 5: Hire an attorney

Finally, you should consider hiring an attorney for receiving the highest compensations and to win the case in a hassle free manner.