Accidents that happen in an instant can have lasting consequences—whether you’re recreating at Louis Park or the Downtown Stockton Marina and Riverfront, or shopping at Weberstown Mall. If you get hurt because of someone else’s negligence, a personal injury claim is a legal path to getting compensated for your injuries and expenses.
But where do you even begin with a personal injury claim? This step-by-step guide can help you navigate the process and understand what to expect. If you aren’t sure a claim is an option for you, it’s possible to find out without spending a dime. We offer free, no-risk consultations to learn the facts of what happened and give you an idea of whether a personal injury claim may be the right option for you.
Learn more about our Stockton Personal Injury Attorney Services.
Call Eason & Tambornini’s Stockton personal injury attorneys at (209) 323-5126 to schedule your appointment. You have nothing to lose and everything to gain. If we don’t think you have a case, we will let you know, and the appointment will still be free.
What Is a Personal Injury Claim?
A personal injury claim is a legal process that allows victims to pursue compensation after an injury that was not their fault. In other words, if you get injured due to another party’s negligence or wrongful act, whether intentional or not, you may be entitled to compensation.
Personal injury claims may result from a wide range of situations, from car accidents, slip and falls, and dog bites, to injuries suffered at public parks or event venues. The goal of a personal injury claim is to recover costs: medical bills, lost wages, pain and suffering, and other damages.
Common Scenarios for Personal Injury Claims
The Sacramento – San Joaquin Valley’s public spaces and recreational landmarks are wonderful, but accidents can and do occur. The following hypothetical examples illustrate the many ways a personal injury claim may arise.
- Slip and fall in a park: Imagine tripping over a cracked sidewalk at Granite Regional Park, resulting in a broken ankle. If the city knew about the hazard but didn’t fix it, you may have a claim.
- Bicycle wreck: You’re cycling on the American River Bike Trail when a poorly marked construction zone causes you to crash. You suffer a concussion, bruising, and a sprained wrist. The entity responsible for maintaining the trail could be held liable.
- Dog bite at a dog park: Even within an off-leash dog park, owners are still responsible for their dog’s behavior. The dog’s owner could be held responsible for your injuries.
The 5 Most Common Types of Personal Injury Cases in California
The most common types of personal injury cases in California include:
- Vehicle accidents: Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians.
- Slip and fall accidents: Injuries from unsafe (wet, uneven, etc.) conditions on public or private property.
- Workplace injuries: Accidents or repetitive injuries at work, sometimes leading to workers’ compensation claims, may also be subject to a personal injury claim depending on the circumstances.
- Dog bites: Injuries caused by another person’s dog, often in public spaces but also on someone else’s property.
- Product Liability: Harm caused by defective or dangerous products, either due to a lack of instructions or warning, or faulty design or manufacturing.
Step-by-Step: How to Get Started
- Seek Medical Attention
Your health comes first before anything else. Get medical aid as soon as possible and keep all documentation: reports, test results, X-rays, etc. Medical records are key evidence in your claim.
- Gather Evidence
Take photos of the accident scene, your injuries, and any property damage. If you are unable to, ask someone else to. The same applies to contact information: If possible, collect the names and phone numbers of witnesses. If the police are called, ask for the officer’s card and how to obtain an official copy of the police report.
- Document All Damages
Start a diary. Keep detailed records of all expenses related to your injury: medical bills, lost wages, transportation costs if your car or bicycle is damaged, and any other out-of-pocket expenses. Emergency room visits, tests, and special equipment you are required to buy or rent, like crutches, should all be tracked.
- Consult a Personal Injury Lawyer
An experienced personal injury attorney like ours will evaluate your case for free at an initial consultation and explain your rights. If you decide to file a personal injury claim, an attorney will be your guide throughout the legal process of filing a claim. When it’s time to negotiate, your attorney will bring professional skills to the table and protect your best interests at all times.
Don’t Rush, but Don’t Delay
Depending on the circumstances, your attorney will file a claim with the at-fault party’s insurance or initiate a lawsuit in court as soon as possible. In California, you generally have two years from the date of the injury to file a claim—sometimes less if you are dealing with a government entity. But the best time to pursue legal action is nearly always right away, before evidence is lost and witness memories fade.
Every Personal Injury Claim and Case Is Unique
No two personal injury cases are exactly alike. Severity of injuries, assignment of liability, and insurance coverage are all factors that can vary significantly from one claim to another. They can all have different effects on the outcome of a claim. As an example, a minor injury from a slip and fall may settle quickly, but a catastrophic injury resulting in paralysis or wrongful death in a vehicle accident may require litigation and larger settlements.
Settlements from personal injury settlements may range from a few thousand dollars for minor injuries and one-time medical aid to hundreds of thousands or even millions for severe, life-altering harm. Hiring an experienced personal injury attorney is crucial to accurately evaluating the worth of a claim.
Final Thoughts on Getting Started with a Personal Injury Claim
Pursuing a personal injury claim is not something you need to take on by yourself. Take the proper steps early, such as seeking medical attention, preserving evidence, and consulting with a skilled attorney as soon as possible. You will put yourself in a strong position to get the maximum compensation possible, which is what you deserve.
Call our personal injury attorneys serving Stockton today at (209) 323-5126 to schedule your free consultation. If we take your case, you pay no fees upfront, and you pay nothing unless you win.