If you were the victim of a devastating car accident, you may be able to pursue legal action to recover compensation for your injuries and other damages. However, there are two primary ways in which you can handle the situation: you can either file a claim or a lawsuit against the insurance company. In this post, our car accident attorneys in San Diego want to discuss the main differences between the two.
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Personal Injury Claims
A personal injury claim takes place when you are involved in a serious accident, and you want to obtain compensation for your medical expenses and other damages. To begin, you must file the claim through the insurance provider of the negligent party. However, if the at-fault driver is uninsured, you can also file a claim through your own insurance provider.
Once you file the claim, the insurance company will begin to investigate. They want to determine who is at fault and what caused the accident exactly. They will ask for medical records as well as evidence/documentation of the crash. This includes photographs of the accident as well as a police report that provides an account of what occurred.
The insurance adjuster will review everything before they decide to offer you a settlement that provides you with financial compensation for the damages you sustained from the accident. However, you shouldn’t negotiate with the insurance company without the assistance of a personal injury lawyer. The adjuster is going to try and get you to settle for an amount of money that is likely far less to what you deserve.
Having a personal injury attorney will go a long way in obtaining a settlement that is fair and sufficient. They have the legal training and experience to determine the right amount of money you should seek according to the specifications of your case.
Related post: 10 Types of Personal Injury Claims
Personal Injury Lawsuits
If your lawyer and the insurance company cannot agree to a settlement, the next and more serious step is to file a personal injury lawsuit. This allows you to pursue compensation for your injuries and other damages through the legal system. Keep in mind that lawsuits are a little tricky because they require you to prove your case before a judge and jury.
When pursuing a lawsuit, your lawyer has the task of convincing the court that the negligent driver is directly responsible for your injuries. Lawsuits are time-consuming, as they can last for several months or longer. Here is what the entire process entails:
- Initial Court Filings
- Discovery Process
- Trail Period
Why You Need Professional Assistance from a Car Accident Attorney in San Diego
Handling a personal injury claim on your own will prove to be complicated, especially if you are unfamiliar with the nuances of the law. This is why you should consider hiring a personal injury expert here at HHJ Trial Attorneys. We serve a wide range of clients throughout San Diego, providing Californians with reliable legal assistance when navigating the claims process.
You shouldn’t have to go through this whole ordeal on your own. Hiring an experienced personal injury lawyer in San Diego will go a long way in protecting your rights and obtaining the compensation that you deserve. Schedule an appointment with HHJ Trial Attorneys today and we can begin reviewing your case immediately.
Testimonial from Oscar, Satisfied Personal Injury Client
Beyond impressed by the services received from Adam Hepburn. I was in the middle of completing a contract with another law firm when I was referred to Adam by a friend of mine. I gave him a call and after meeting with him, he gave me the confidence and I felt comfortable knowing I was making the right decision switching attorneys. His knowledge and experience in and outside the court room greatly surpassed my expectations. He was always available to answer questions quickly. He not only served as my attorney but more or less as a friend that made me feel comfortable through this difficult time. I went from facing a felony with mandatory jail time to a misdemeanor with the most minimum fines and penalties. I have dealt with other attorneys in the past but none compare to his work ethic and bargaining skills. I’m definitely glad I decided to go with him to represent me. I highly recommend him!!