Will My Personal Injury Case Go To Trial?
How do you know if you have a valid personal injury claim?
A personal injury case is a civil case. If you decide to take your case to court you will be asking another party for a monetary payment to cover your damages, lost wages and medical bills of your accident. If you were hurt in a car accident, had a slip and fall in a parking lot, were bit by a dog, or even were injured on your bicycle, it is possible you have a reason to make a claim.
Generally, California law allows a two-year statute of limitations on personal injury cases. However, the longer you wait it will become more difficult to completely investigate your accident.
What should I do if I think I have a personal injury claim?
After you have called for medical assistance if necessary, begin to document all the details you can at the scene of the accident. Make sure to record the names and contact information of any potential witnesses and even take photos if you can. After the accident, take good records of all medical visits, and anytime you were forced to take off work due to the accident. Have you been in pain? Losing sleep? Experiencing anxiety? Write all of that down as well.
How often do personal injury cases go to trial?
The Bureau of Justice Statistics notes that only about 4% of personal injury cases go to trial. This is because most of these cases will be settled outside of court through the insurance of the person or business responsible for your injury. A settlement like this generally takes the form of a written agreement in which both sides choose to resolve the matter through payment of an agreed upon amount of money instead of taking the matter to the courtroom.
Don’t hesitate to contact James McKiernan Lawyers at 888-442-2918 if you have questions regarding your personal injury claim. We’d be happy to offer you a free consultation and walk you through the next steps.