Many people assume that personal injury claims are unpredictable or arbitrary. In reality, California personal injury cases generally follow a defined process. Knowing what to expect can reduce stress and help injured individuals make informed decisions from the beginning.
How does a personal injury claim start?
A personal injury claim typically begins with medical treatment and documentation of the incident. Medical records, accident reports, and photographs establish the foundation of the claim. Prompt reporting of the incident—whether to police, property owners, or employers—is critical.
Once injuries are documented, a claim is usually opened with the at-fault party’s insurance company.
What happens during the investigation phase?
During the investigation phase, insurers and attorneys gather evidence to evaluate liability and damages. This may include reviewing medical records, interviewing witnesses, analyzing photographs or video footage, and consulting experts if needed.
Insurance companies often conduct their own investigations, which is why it is important to ensure accurate and complete information is presented from the outset.
How are damages evaluated?
Damages in California personal injury cases typically include medical expenses, lost income, and non-economic damages such as pain and suffering. Future medical needs and long-term limitations are also considered.
Claims should not be resolved until the full extent of injuries is understood. Settling too early can leave injured individuals responsible for future expenses.
When do settlement negotiations occur?
Settlement negotiations usually begin once medical treatment stabilizes. At that point, damages can be calculated with greater accuracy. Most cases resolve through negotiated settlement rather than trial.
Do personal injury cases usually go to trial?
No. The majority of California personal injury cases settle before trial. Filing a lawsuit does not mean a trial is inevitable—it often serves as a tool to move negotiations forward when insurers dispute liability or undervalue claims.
What most people get wrong
Many believe that lawsuits always lead to court. In reality, litigation is often part of the negotiation process.
Next steps
Understanding the claims process helps injured individuals protect their rights and avoid unnecessary risks.
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