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Quick Tips On Filing A Personal Injury Claim In California

Filing a personal injury claim in California can be daunting even for seasoned professionals.

With the sheer number of laws you need to follow, it's hard to keep up with all the requirements you need to file a proper claim.

Personal injury claims require more than filling out a few forms, assembling evidence, and sending an attorney a check for their services.

Learn how to file a personal injury claim in California and get the money you deserve from this article.

You can also search for a California Personal Injury Attorney online if you want additional information.

How to file a complaint

The complaint is the first document filed with the court and must contain basic information about the case and all parties involved.

The complaint also states the facts of your case. This includes the following:
  • what happened during the accident
  • how it affected you
  • the date and location

It should also provide details on how much money is owed based on your injuries. How much they owe you based on property damage and how much they owe you because of emotional distress caused by accident.

You should also attach copies of any medical bills related to your injuries and photos as proof or evidence.

You can submit the complaint in person or by mail, but it's best to use certified mail to track it when you deliver it to the court.

If you cannot file a claim independently, contact the Law Offices of Pius Joseph, Personal Injury Attorney, for assistance.

What to do after filing

The defendant is required to file an answer within 30 days of receiving your complaint.

If the defendant does not respond within 30 days, you may seek default judgment and obtain a court order for damages against them. Or you may need to contact your attorney and ask them what steps are next.

The defendant may also file an answer and counterclaims. This means they can raise defences against your claims, including denying that they caused your injuries or raising another legal reason why they shouldn't be held liable.

If there are multiple defendants in your case, each defendant should file their answer and counterclaims.

You will have the opportunity to respond to any of the answers or counterclaims filed by other parties involved in your case.

After you file all the pleadings, the judge will schedule a case management conference between all parties involved in the lawsuit. This is called "case setting."

At this meeting, the judge will discuss how long it will take for all parties to exchange documents and evidence needed for discovery purposes, meaning you must exchange all information between parties before trial).

The judge will also discuss deadlines for depositions which are oral questions asked under oath, and other important dates throughout the litigation process.

This will include when they should schedule mediation if both sides agree to participate in one or when they should prepare jury trials if both sides agree.

Final Thoughts

Accidents happen, and they can happen at any moment on any day.

If you are in an accident that wasn't your fault, it's essential to understand your rights and how to file a claim for personal injury.

The paperwork and legal jargon can look intimidating at first, but the good news is that all this information is readily available online.

So take some time to read this article and learn more about personal injury cases. Although the advice here is for California residents only, the information found here can be applied throughout the entire country.