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California Personal Injury Case Process

Personal injury cases are legal disputes that arise when an individual suffers from an accident and somebody else might be legally responsible for their injury. Hiring an experienced personal injury lawyer to help you with your case is crucial since the attorney will be there to protect your rights and help you understand what you should expect. Although it’s difficult to determine the amount of time your case will take from the start to completion, you can expect your case to go through the following steps.

Injury Occurs

An individual sustains bodily injuries as a result of an accident that he/she believes could be prevented if certain measures were taken. For instance, if you get hit by a car because someone was texting, then you can file a personal injury claim against the negligent driver.

Consent to Medical Attention

It is important after an accident occurs to obtain medical treatment. Make sure you seek medical attention even if you don’t feel like you are hurt since some injuries may not present themselves right away. Seeing a doctor serves two key purposes in a personal injury case; first it’s good for your own health, and secondly, your insurance provider and the judge in your case may assume that you weren’t hurt at all if you fail to produce medical treatment records. Seek medical attention even before you start thinking about hiring a personal injury lawyer.

Hire a California Personal Injury Lawyer

The next thing you should do after seeking medical attention is hire a California personal injury lawyer at Johnson Attorneys Group to take over your case. Keep in mind that it might not just be your bodily injury since you might have suffered other losses as well. For instance, the injury may keep you out of work for an extended period resulting in loss of income. A personal injury lawyer knows the tactics insurance companies use to deny or lower the amount you are entitled. Plus, injury attorneys only get paid if there is a successful resolve to your case.

Investigation of Injury

Once you hire a qualified injury lawyer, the first thing that he/she will do is ask you about your injury to establish what happened. This is part of the process of gathering relevant information and facts that will make your case strong. It’s critical to establish when the accident occurred, how it happened, and exactly how another person or entity was liable.

Service of Lawsuit

Your personal injury lawyer will file a document with the court and serve it to the defendant. The documents will contain a complaint petition describing the basis of your case, the defendant’s’ negligent actions, and identify you as the plaintiff. Your complaint will also describe facts of your case and include the compensation you are requesting. Once a defendant is served, they will have 30 days to file a formal response with the court.

Discovery Process

The discovery process is a critical stage in your case which involves investigating and examining the legal claim. Your attorney will exchange questions and other document requests with the defense attorney and evaluate the critical elements of the case. The insurance company may also request to conduct its own medical examination which should only happen in the presence of your attorney. The injured party generally will only be providing answers and gathering documentation for your injury lawyer.

Negotiation/Mediation

The lawyers will start talking about settlements when the discovery process ends. The attorneys may just settle the case by negotiating among themselves, but sometimes, the case may go to mediation. Mediation is a legal process in which both lawyers and their clients involve a mediator to try and settle the matter outside of a trial. 80% of injury cases settle in mediation.

If negotiation fails, then the court will call for a settlement conference which will be conducted by a judge. The work of the mediator will review the case independently and make a sound suggestion based on the evidence presented to him/her. Mediation will last for a single day but can sometimes take two days depending on the complexity of the case.

Trial/Litigation

If an agreement cannot be reached during mediation, then the case will enter the trial stage. A personal injury trial may last a few hours or a week depending on the complexity of the case. During a trial, all of the evidence will be presented and evaluated. Your injury attorney may call medical witnesses to testify. Your attorney should sit down with you prior to trial and thoroughly explain to you the process, risks and benefits of trying your personal injury case.

Injury Settlement

After the litigation process, the verdict of the case now rests with the judge. He/she will study the evidence provided and make a fair judgment. He/she will establish whether your case was valid or not. If your case was valid and your lawyer managed to convince the judge that the other party was at fault, the judge will order the insurance company to pay you a specified amount of money as compensation.

Get Professional Advice from the California Personal Injury Lawyers at Johnson Attorneys Group

Contact Johnson Attorneys Group at 1-800-248-6822 today for a free case evaluation. We are committed to helping individuals and families by protecting their rights and safeguarding their interest. We are here to help you regain your normal life and complete your treatment. Contact us today for a free consultation.

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Are You Injured

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Every personal injury case is unique and many factors are used to value each case. The losses from your claim include the amount of the medical bills, lost wages, pain, and suffering, etc. The most important factor is your life change resulting from the injury. Typically, the larger the injury and life change, the larger the settlement. We discuss your personal injury claim’s worth during your free consultation. Call for a free consultation 800-208-3538, or complete the form below >
The first thing you should do is contact an attorney. Without the representation of a lawyer, insurance companies might make contact with you directly, and since they are trained to protect their best interests, this could mean a loss of rights on your behalf, especially if you unknowingly sign something that they didn't completely explain to you. Call for a free consultation 800-208-3538, or complete the form below >
The length of a personal injury case depends on many factors including the evaluation and treatment of the injury. The bigger the injury, the longer it takes to treat. Attorney James Johnson helps you be aggressive with the treatment, so the average case normally takes between two and five months. Those who have serious injuries and need surgery may take several months longer. Call for a free consultation 800-208-3538, or complete the form below >
Many victims believe if you don't have health insurance you don't have a case - this NOT true. In fact, those with health insurance usually don't use it since there are so many restrictions and steps to overcome to receive authorization for treatment. Johnson Attorneys Group assists you in finding the best doctors to help. Most of them even wait until a settlement for payment. Call for a free consultation 800-208-3538, or complete the form below >
Handling a personal injury claim by yourself is very difficult. You will deal directly with the insurance adjuster who is often trained to obtain the information they are not entitled to use. This information can negatively impact and de-value your case. Once your case is damaged, it is very difficult to repair it and usually costs you thousands of dollars less in a settlement. Call for a free consultation 800-208-3538, or complete the form below >
You do not pay anything unless you win. We work on a contingency-fee-basis, so we’re only paid if we win your case. When the case is settled, our fee is a percentage, as previously agreed, of the final settlement. These fees are described in full detail in our signed contract before work begins on the case. We cover the case upfront costs including everything from copying and court filing fees to hiring experts - so all your focus can be on getting well. Call for a free consultation 800-208-3538, or complete the form below >

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