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3 Questions to Answer Before Filing a Car Accident Injury Lawsuit

Posted on in Personal Injury

When you have suffered a car accident injury, it can be overwhelming to figure out the correct steps to take when approaching a potential claim or lawsuit. There are a few simple steps you can take to help yourself. An experienced attorney can also help you get the ball rolling and assist you with your situation.

1. Do You Need to File an "Injury Claim" or "Injury Lawsuit"?

A quick understanding of the differences between these two actions will allow you to let your attorney know what service they can help you with.

An "injury claim" is between you and the driver or the driver's insurance company. Prior to a lawsuit, a negotiation may happen between you and that company's claim adjuster. If the negotiations do not reach an agreed upon settlement, a lawsuit can be the next step. It is important to note, however, that you should always speak with a lawyer before settling with an insurance company.

An "injury lawsuit" is filed when the negotiation process fails to please both sides and an agreement cannot be met. Claims adjusters may deny their client was at-fault in regards to your injuries. Or they may not believe how serious your injuries compared to the amount you seek.

2. Are Your Injuries Serious Enough?

What may seem like a rudimentary question can actually make the difference between a case dismissal and a settlement. The threshold for injuries that qualify vary from state to state, but there are injuries that are common to most states. If you are unsure if you qualify under one of these thresholds, then it is important to speak to an attorney. These injuries include:

  • Fractures
  • An impairment that could be non-permanent but may inhibit everyday tasks for three months of the six months following your injury
  • Limitation of a body organ
  • Disfigurement or dismemberment
  • Wrongful death

3. Do You Fall Under the Statute of Limitations?

If you fail to act quickly upon your injury, you could miss the deadline (or the "statute of limitations") for filing a personal injury lawsuit. If you are that you may have missed your deadline, consult an attorney to confirm the correct timeline for your particular case. Some examples of the statute of limitations for California courts include:

  • Personal Injury - Two years after the injury or one year after an injury that was not found immediately.
  • Property Damage - Three years following the date of the damage took place.
  • Breach of Oral Contract - Two years from the day it was broken.
  • Breach of Written Contract - Up to four years from the day it was breached.

It is imperative that you speak with an attorney that can answer these questions or help you through the injury claim process. The experienced San Jose personal injury lawyers at Jachimowicz Law Group have decades of success when it comes to car accidents and other injury cases. For a free consultation, call 408-246-5500 today.

Source:

http://www.courts.ca.gov/9618.htm

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