Filing a personal injury claim involves much more than filing the complaint in court. Much of the work lies in the preparation of your claim. The steps below can help you strengthen your case and avoid pitfalls that might sink your prospects for adequate compensation for your injuries.
Watch What You Say to the Insurance Company
At the outset, the at-fault party's insurance company may want you to give statements. Note that, before a lawsuit is filed, you are not required to give statements or submit to an interview by the other party's insurer. Answers you might give the insurer's adjuster or investigator can become admissions or evidence against you. Further, insurers might seek to pressure you into taking a low offer. For these reasons, consider reaching out to a lawyer soon after the incident.
Give Notice of the Incident
If you're injured from a slip or fall, notify the manager of the store, office, plant, or complex at which you were insured. You should complete an incident report or otherwise document:
*The object or substance upon which you fell or slipped (e.g. liquid, broken step, cord, box, glass)
*The aisle, department, or other location on the premises
*Whether you saw any warning signs of the hazard
*Any witnesses
*Your injuries
*The date and time of the slip or fall
Notify or have your lawyer notify the business or premises owner to preserve all documents, images, and footage of the premises or the incident. This allows you leverage to assert a spoliation of evidence claim should the at-fault party destroy or hide evidence. You can rely upon the defendant's spoliation of evidence as proof of the condition or other grounds for fault.
After an automobile collision, contact (if physically able) or wait upon a police officer, sheriff's deputy, or a California Highway Patrol officer. Notify your insurance company and that of the at-fault drivers. Under California Vehicle Code Section 16025, drivers must exchange their names, addresses, and the names of their motor vehicle liability carriers. With this information, you can notify the insurance company for the owner of the vehicle or vehicles that caused your injuries.
In addition, California law requires you and the other drivers involved to submit an SR-1 report to the California Department of Motor Vehicles for crashes involving any type of injury, death, or property damage exceeding $1,000.
Determine Who May Be Responsible
The exchange of driver information and other reports can help you identify liable parties in an automobile accident. In addition to the driver, you might pursue the owner for negligently allowing an incompetent driver to operate the vehicle.
For crashes involving a commercial vehicle, such as a bus, delivery vehicle, or company vehicle, the employer of the driver may be liable under vicarious liability. This holds the employer responsible for the negligence of the employee committed while performing job duties. Also, take photographs of any company signs or names on vehicles that struck you.
In a premises liability case, tax records, deeds, and other property records can establish the party who owned or controlled the property at the time of the injury. Under California law, landlords must register rental units with a “Rent Registry” in their municipality. This may also inform you of the record owner of the rental property upon which you are injured. Look for other indicators of who owns or controls a business or other property, such as:
*Any licenses or permits displayed on the wall, including a Seller's Permit
*Plaques or signs showing the name of the franchise owner
*Outside Signs
*Business cards
Identify Insurance
Typically, plaintiffs must rely upon the at-fault party's liability insurance for compensation for injuries. You will want to obtain liability policies. In a motor vehicle wreck case, the at-fault driver or drivers are required to furnish you their automobile insurance information. California law requires that vehicles driven or parked in California have liability coverage for personal injuries of at least $15,000 per person or $30,000 per occurrence. If an Uber driver or Lyft driver causes the crash, various insurance coverages will apply based upon whether the driver was transporting or picking up a customer.
For premises liability cases, typical homeowner's policies afford liability coverage for your injuries caused by defective or unsafe conditions. You may resort to homeowner's insurance to pay damages from a dog bite. Given that California observes strict liability in dog bite cases, some insurers tend to be hesitant to insure especially dangerous breeds. Commercial liability insurance pays damages caused by an unsafe condition in a store, shop, office, or other commercial or industrial establishment or caused by the entity's operations.
Gather Evidence Concerning the Incident
To prepare your claim for settlement talks or court, you need to gather evidence of how the incident occurred and your damages. Take photographs of vehicles involved in the crash, including at various angles and positions. These images can indicate the force of the collision and whether it was head-on, rear-end, or a side collision. In a rear-end collision, the law creates a rebuttable presumption that a driver rear-ending another vehicle failed to keep a lookout for other vehicles or failed to reduce speed to avoid the crash.
Cameras can also capture defective or hazardous conditions. Victims of slips and falls or attacks at establishments may pull security camera footage to show the scene or attack. For wreck cases, request any video footage from buildings or other cameras located at the intersection or near the vicinity of the crash. From such images, you can support your claim that, for instance, the other driver ran a red light or pulled out in front of you when you had the right-of-way.
Medical Records
Getting medical treatment represents a significant part of pursuing your claim and improving your health after a crash. Medical records document your symptoms following the crash, your injuries, surgery, rehabilitation, and medications. Prepare a list that identifies entities providing medical and similar services because of the crash or other incident, including:
*Ambulance providers
*Hospitals
*Physicians
*Clinics
*Rehabilitation or physical therapy providers
*Psychologists or other mental health professionals treating you for anxiety, depression, or other emotional trauma or distress
*Pharmacists
*Vocational rehabilitation services to offer an opinion on your ability to work after the incident
Lost Wages
W-2 forms and pay stubs help you establish lost wage evidence. Focus especially on the periods before and after your injuries. Have your pay stubs or other evidence of your hourly wage or average daily salary and multiply it by the hours or days of work you have missed.
Settle or File a Lawsuit Before Time Runs Out
Under California law, you have two years from an injury to either settle the case or file a lawsuit. Note that this two-year statute of limitations begins when you suffer any injury, not from the time that the full extent of your injuries has been revealed. This means that, in most cases, you must settle or file suit within two years after the crash, slip and fall, or other incident which caused your injuries.
