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3 things to know about filing a personal injury claim

On Behalf of | Nov 16, 2017 | Personal Injury |

When someone suffers an injury due to another person or company’s negligence, it can often result in a personal injury case. One example would be if you were driving to work along your usual route through San Diego when another driver ran a red light and t-boned your car. As a consequence of the accident, you suffered several serious injuries. In order to recover your losses, such as medical expenses and the damages to your car, you would file a personal injury claim.

If you have suffered an injury due to someone else’s negligence or recklessness, you may be wondering how to get a fair and sufficient settlement. To learn more about the settlement process, read further.

Proving validity

Part of settling a personal injury claim is proving that you have a valid claim. To do this, there are several things you can do. First, you should make efforts to recover from your injuries as quickly and safely as possible. Insurance companies tend to favor claims from people that are taking the necessary steps to heal from their injuries. Documentation is also important, as medical records provide credible proof of your injuries, the treatments you have undergone and still need, and the cost. Reports that detail other expenses, such as lost wages and property damage, will also provide support for your claim.


Settling a personal injury case can take anywhere up to a few months to years. It typically hinges on the size of the settlement you are pursuing, whether or not you choose to go to trial, and various other factors. In general, settling out of court is quicker than a jury trial. If your attorney and the insurance company can come to an agreement out of court, it typically takes two to six weeks to complete the process and for the insurance company to issue payment on your claim.

Reasons some cases go to trial

There are several reasons why a personal injury case might go to trial. For example, if the insurance company thinks that the amount you are asking for is too much, then you might consider taking the insurer to court. Another reason that an insurer might not settle out of court is that there might be a disagreement about who was at fault for the accident. The insurance might think that you or someone else is responsible instead of their client. If the insurance company does not believe that your injuries were as bad as you say or that you were injured at all, you might have to pursue your claim in court.

Filing a personal injury claim is sometimes a lengthy process. However, there are some things you can do to increase your chances of winning a fair settlement.



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