You were recently involved in a car accident, and then months later, you learned that the other driver filed a personal injury claim against you. This means that they’re seeking financial compensation from you through legal means. However, you’re now wondering what you should do and feel concerned about what will happen.
The good news is that you can take action to protect yourself. Let our personal injury attorneys in San Diego explain how you should handle the situation and describe the legal process–here are the four steps you should take:
Step #1 – Understanding Why the Claim Was Filed Against You
Someone recently filed an injury claim and named you as the defendant. They’re essentially saying that you’re responsible for an accident that caused them injuries and other damages. The claimant may have incurred medical bills, damage to property, and loss of earning capacity, and an injury claim is what allows them to recover compensation.
Step #2 – Responding to the Allegations
You’ll likely receive a notification about the claim, which is often a demand letter prepared by the injured party’s attorney. It includes information on the accident and outlines why you’re responsible for causing it. You should notify your insurance company about the letter and you’re insurance company will hire an attorney on your behalf. You do not need to hire your own attorney unless you did not have insurance at the time of the accident.
Step #3 – Denying That You’re At-Fault
If you’re adamant that you didn’t cause the accident, you can always challenge the injury claim. Your attorney’s job is to prove that you were not at fault for the accident. Remember that California is a comparative fault state, which means that all parties will be held responsible for their proportional share of fault. Keep in mind that the burden of proof plays a huge role in determining any wrongdoing.
Step #4 – Negotiating a Settlement
Every personal injury lawyer knows that the negotiation phase is the most important part of the process. The claimant will seek as much compensation as possible. On the other hand, your attorney’s job is to reduce the settlement amount.
Lawyers from both sides will hash things out and find common ground on a settlement amount. Keep in mind that your insurance company typically pays the damages (depending on your coverage). The nature of the accident and your insurance coverage can affect what you have to pay out of pocket.
Do I have to file an injury claim after an accident?
It’s advised that you always file a claim after an accident. Otherwise, you could have to defend yourself in a personal injury lawsuit. You never want to waste any time because taking action early on can help clear you of any wrongdoing. If the accident involves injuries, you could also take action to cover your medical expenses.
How a Personal Injury Lawyer Can Help If An Injury Claim is Filed Against You
Every case is unique, so we provide specialized attention for our clients here at HHJ Trial Attorneys. We ensure that Californians who suffer severe injuries from accidents can navigate the claims process. Our job is to scrutinize every little detail and build your case so that you can obtain maximum compensation.
We have a team of experts who know precisely what they’re doing, and if you schedule an appointment with us today, we’ll review the facts of your case and offer you the best legal solutions.
Testimonial from Tony, Personal Injury Client
If you’re seeking for the best trial attorneys, HHJ Law Firm is it! They are extremely professional and great at what they do. Highly recommend HHJ Trial Attorneys!