Unfortunately, accidents do occasionally happen; when a person is injured because of another person’s negligence then personal injury lawsuits are filed. Such lawsuits are filed so that the injured person can get compensation and live a normal life with their injuries (which were not their fault and they didn’t deserve).
In different cities and states across America, the process of filing for a personal injury lawsuit differs. If you are planning on making one in San Diego then this post will tell you what you need to know.
Finding a lawyer
Individuals interested in making a compensation claim first need to find lawyers. Until they have a lawyer representing them no claim can be made. Finding personal injury lawyers in San Diego shouldn’t be difficult since it is a large city and there are a lot of law offices there. Before hiring one you need to take some time to read their reviews.
A lawyer’s reviews can help you decide whether it is a sensible idea to hire them or not. In them you will be able to find relevant, useful information relative to the quality of their service and how committed they are to providing clients with an aggressive defence.
The personal injury claim process isn’t something that most people are familiar with. Really if you have never had to make a claim before there’s no reason for you to be acquainted with it. However, even if you are not familiar with or experienced in it you still need to understand it before you make a claim.
Thanks to the abundance of guides online learning about what the process entails have never been easier. You can also speak to the lawyer that you hire and ask them to sit down and walk you through the entire process from beginning to end. Take what your lawyer says seriously and remember that they are experts and therefore their guidance should be taken as gospel.
Statute of limitations
San Diego is in California. California’s statute of limitations for personal injury claims is two years. Therefore if you have been injured by another person there then you need to ensure your claim is made before the two-year window closes. If you wait until after two years pass then you won’t be able to make a compensation claim even with the most experienced lawyer’s support.
Honestly, you should make your claim as quickly as you can. The sooner you make it and the fresher your injuries are the more likely that it’ll result in a favourable outcome. Once you have made your claim you don’t have to worry about how long it takes as once the claim is made, it cannot expire.
Having some patience
Patience is a virtue as the saying goes. Sadly patience isn’t a characteristic many people have today. Most people are so impatient in fact that it’s almost impossible to get them to wait for anything. You can’t blame people though since everything is immediately at hand nowadays. People can get anything delivered to their house in under a week, from cars to jewellery.
If you are planning on making a compensation claim then what you need to understand is that it’s not going to happen overnight. In fact, it could be months or in some severe cases years before your claim resolves and you receive the compensation that you are due.
Supporting evidence is of course necessary if you are planning on accusing somebody of injuring you and then suing them for damages. Most lawyers won’t take clients on until they have been able to prove their cases to them. Generally, the best kind of evidence is photographic or video. If you are able to take evidence from the scene of the accident, i.e., a video you have taken of the responsible party then your case will be a lot easier to prove.
Of course, if you do not have evidence that does not mean your lawyer won’t be able to get some for you. Lawyers have private investigators working for them. Their private investigators can conduct a thorough investigation and access local CCTV, using it to prove that you were injured the way you said you were.
A form of evidence that can be used if there is no photographic or video evidence available is witness testimony. Sourcing witnesses is something that’s usually done by investigators although if you had a friend or family member in the car then you can ask them to come and support you in court.
Remember that while it might be tempting for your loved ones to exaggerate a little and make your injuries out to be worse than they are, such behaviour is not recommended. If your loved ones do this then they can get into a lot of trouble and cost you your compensation. Lying in court or to an insurance company is a serious crime and can (and often does) result in prison sentences.
Make sure your witnesses are genuine, honest and that they do not exaggerate the extent of your injuries or the accident itself at all.
Recovering from injuries
Finally, after you have been injured in an accident you need to take some time off to recover from your injuries. Do not make the mistake of getting right back to work or your normal life right away. Taking some time off to recover will help you to improve your physical and mental health. A lot of people ignore or underestimate the toll injuries can have on people’s mental health; do not ignore yours.
Taking some time off to recover from your injuries will give you more time to recollect and think about your accident, too. If your injuries are severe then you will be able to claim disability benefits during your break. Your lawyer will be able to help you do this so you can support yourself financially while your claim takes place.
In San Diego, personal injury cases are treated much the same as they are in other Californian cities. If you are interested in making a claim then you need to find a lawyer. Without a lawyer compensation is impossible. It is theoretically possible for people to make claims independently but it’s so confusing and complicated that they nearly always fail.