Torrance, CA Personal Injury Lawyer

California’s Personal Injury Claims Process

California’s personal injury claims process generally begins with a claim filed against the relevant liability insurance policy held by the at-fault party. In motor vehicle accidents, this is generally an auto liability policy, while premises liability matters are typically compensated through a claim against a homeowner’s, renter’s, or business insurance claim, depending on whether the accident occurred at a private residence or a commercial or public facility.

Upon receiving the claim, the insurance company will assign it to a claims adjuster. The claims adjuster’s job is to evaluate the claim and determine how much money the insurance company owes to the claimant as a result of their insured’s liability. The adjuster can choose to pay the claim, deny the claim and provide a reason for their decision to the claimant, or offer to settle the claim out-of-court for less than its stated value.

The most common resolution for personal injury claims in California is a settlement agreement. However, if the insurance provider fails to pay the claim outright or provide a settlement offer that the claimant agrees to, the claim can also be filed in civil court as a personal injury lawsuit. As long as a court has not yet rendered a decision on the case, the insurance provider can still make settlement offers after a lawsuit has been filed. In fact, this is often the time when serious settlement offers are entertained, as the insurance provider wishes to avoid the expense and uncertainty of litigation.

The Services a Torrance Personal Injury Attorney Can Provide to Assist You With Your Claim

Attorneys have an important role in the personal injury claims process, as they have an understanding of the law and the ability to use their experience to keep the claim moving forward. Some of the types of services an attorney can provide to assist their clients with the personal injury claims process include:

• Determining all liable parties and their associated insurance resources, and gathering the evidence and witness testimony needed to prove liability to the insurance adjuster or to the court.
• Establishing a value to the claim that includes compensation for not only the expenses the claimant incurred as a result of their injury, but also the impacts they suffered to their quality of life.
• Managing the timeline of the claim in order to ensure that a lawsuit is filed within California’s personal injury statute of limitations, which is two years of the date on which the accident occurred.
• Deposing witnesses, attending pre-trial conferences, creating evidence exhibits, preparing opening and closing arguments, and other services related to litigation.
• Assisting you in collecting the proceeds of your settlement agreement or court award.

Personal injury lawyers often use a contingent fee billing method. What this means is that, when you hire an attorney to assist you with your claim, you will be asked to sign a contingent fee agreement. Because of this agreement, you are able to wait to pay for the attorney’s services until they have garnered a positive resolution to your claim. At that point, your compensatory award will be sent directly to the attorney. The attorney will help you satisfy any medical liens placed on the award, and will deduct a percentage of your winnings for payment of their services in accordance with the contingent fee agreement. The remainder of the award will be given to you.