A personal injury claim is a civil case brought on behalf of an accident victim in the pursuit of justice. It provides the opportunity for the victim to be made whole again in the form of financial compensation from the at-fault party. If you wish to file this type of claim in the City of San Francisco, take the following steps.
If you would like assistance, contact our San Francisco personal injury lawyers today for a free consultation.
Step 1 – Seek Immediate Medical Attention
Always put your health and well-being first. Get prompt medical care after any type of accident to ensure that your injuries are diagnosed and treated right away. Immediate medical attention can document your injuries early, which is important for an insurance company to see the connection between the accident and your injuries.
Step 2 – Report the Incident
Report the incident without delay to the proper authorities. This may include the police, a property owner or your employer, depending on the type of accident and the location. Filing an official report provides evidence, including a detailed description of the event while the memories are still fresh.
Step 3 – Gather Evidence
Start building your case by gathering any available evidence. This may include eyewitness information, copies of incident reports, photos, video footage, and records of your medical care and related expenses.
Step 4 – Notify the Insurance Company
Contact your own insurance provider, if applicable, to report the accident. Then, communicate with the insurance carrier of the at-fault party to initiate your claim. You can typically do this by calling the company and giving them the at-fault party’s policy number and name.
What to Say (and Not Say) During Initial Contact
It is important to know that an insurance company will not be on your side during claim negotiations. To protect your rights, do not agree to give the insurance claims adjuster a recorded statement. When asked questions about your incident, keep your answers short and simple. If you are offered a fast settlement, do not accept until you’ve spoken to an attorney about the potential value of your case.
Step 5 – Consult a San Francisco Personal Injury Lawyer
At this stage, before accepting a settlement, you should contact a personal injury lawyer in San Francisco for legal help. An attorney can take over your claim to help you maximize your results. This includes giving you an accurate evaluation of how much your case is worth.
Step 6 – File the Personal Injury Claim
An attorney can help you file the paperwork to initiate your personal injury claim. This could take the form of an insurance claim submitted to the correct insurance company or a lawsuit filed in the San Francisco Superior Court (400 McAllister St., San Francisco, CA 94102).
Statute of Limitations in California (2 Years)
You must file a lawsuit no later than two years from the date of your accident for it to be legally valid. This is the law under California’s personal injury statute of limitations (Code of Civil Procedure § 335.1). However, you will only have six months to file a claim against the government, such as the City of San Francisco.
Step 7 – Settlement Negotiations or Filing a Lawsuit
Once your claim is filed, the insurance company will investigate to determine fault and liability. If they approve the claim, they will offer a settlement, after which negotiations can occur until a fair amount is agreed upon by both parties.
When to File a Lawsuit
The majority of personal injury cases in San Francisco are resolved via settlement. If the insurance company rejects the claim or does not offer fair compensation, however, the case may proceed to trial. Maximize your case result in this scenario by hiring an experienced trial lawyer to represent you.