Accidents can happen anywhere, anytime—on the highway, at the market, or just walking through a park. One moment you’re fine, and the next, you’re facing medical bills, missed work, and a mountain of questions. One of those questions may be whether to file a personal injury claim if you’ve been injured because of someone else’s negligence.
Your best chance of receiving a maximum settlement is with an experienced personal injury attorney handling your claim. Attorneys know how to navigate the system, stand their ground with insurance companies, and fight for every dollar a client deserves.
Our firm has been representing victims of personal injury situations for over 30 years and we’ve helped countless people win maximum settlements. We accept no payment upfront and only get paid if our clients win a settlement. Plus, we offer a free consultation to every prospective client. There is no obligation to move forward and you will leave the appointment with a much clearer understanding of where you stand.
Learn more about our Sacramento Personal Injury Attorney Services.
To schedule a free, no risk consultation, call us at (916) 438-1819. We are here to help.
5 Pieces of Information You Should Understand Before You File a Claim
If you want to file a claim, with or without an attorney, here are five essential things to understand.
- Not All Injuries Will Be Compensated
Many people mistakenly believe that an injury automatically means compensation. In reality, the severity of an injury, how it happened, and the evidence you provide all affect the outcome of a claim. Remember, there must be the presence of negligence (or in some cases, intentional harm) that resulted in real damages, like medical bills, lost wages, or pain and suffering.
Minor injuries that heal quickly usually do not warrant the time and effort of a claim, especially if there’s little or no documentation. However, more serious injuries that could have long-term effects can result in a significant settlement. Therefore, keep detailed records from the very beginning: medical reports, receipts, photos of your injuries, and notes about how the injury has affected your daily life.
- Timing Matters—A Lot
California law sets strict deadlines, called the statute of limitations, for filing personal injury claims. In most cases, a claim must be filed within two years of the injury date. You may lose the right to recover compensation if you miss this window.
There are exceptions, such as claims against government entities, with much shorter deadlines (sometimes as few as six months). The sooner you start the process, the better. Evidence is fresher and typically more accessible, witnesses are easier to locate, and your memory of the incident is much more distinct.
- Insurance Companies Care About Themselves, Not You
Adjusters sound friendly and empathetic at the beginning of the process, and many people feel like they have someone legitimately trying to help them. But make no mistake: insurance companies have one goal, and that is to pay as little as possible.
Adjusters may ask for recorded statements, request access to your medical records, or offer quick settlements far below what your claim is worth. Be cautious about what you say and sign. Do not accept a settlement or give a statement unless you fully understand your rights and the value of your claim. If you’re unsure, stop. Call an attorney before communicating with the insurance company. We offer free initial consultations at which you can ask questions.
- It May (Partially) Be Your Fault
In California, the comparative fault law means your compensation can be reduced if you are found partially at fault for the accident. For example, if you were in a car accident and the other driver ran a red light, but you were speeding, the insurance company may argue you share a portion of the responsibility.
The question is, what portion is fair? An experienced attorney would know immediately if their client was being held liable unfairly or disproportionately.
Shared liability gets complicated if conflicting witness statements or unclear evidence enter the picture. Be prepared for the possibility that the other party (or their insurer) will try to shift some blame onto you. Strong documentation and a clear understanding of the facts are vital.
- (Our) Lawyers Don’t Get Paid Unless You Win
One of the biggest reasons people hesitate to hire a personal injury attorney is the fear of the cost. A reputable personal injury lawyer works on a contingency fee basis; clients pay nothing upfront. Additionally, a lawyer who accepts a case on contingency only gets paid if a client wins their case.
This arrangement levels the playing field. An attorney has established relationships and can quickly access other legal professionals, investigators, medical experts, and negotiators without worrying about hourly fees or retainers. Your attorney has every incentive to fight for the maximum compensation—because their payment depends on your success.
Final Thoughts on Personal Injury Claims
Whether you hire a lawyer or try to handle your claim, understanding the five facts above will help you avoid common pitfalls of personal injury claims.
The claims process is rarely as simple as it seems. Insurance companies have teams of professionals, including investigators, adjusters, and attorneys, working to protect their interests. You deserve the same protection. If you’re feeling uncertain or overwhelmed, you should at least consult with an attorney before starting the process yourself.
Our attorneys have helped victims of personal injuries get the compensation they deserve for over thirty years, and we offer every client a free consultation.
Help Is Always Available at Eason & Tambornini
Personal injuries can devastate someone’s life and livelihood in an instant. Sound legal advice is essential to putting the pieces of your life back together in a way that gives you the best possible chances of moving forward without the crushing weight of medical bills or lost income.
Call us today at (916) 438-1819 to schedule your free consultation and the answers to your questions and clarity about where you stand.