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FAQ: Personal Injury

What is the first step I should take when filing a claim for my injuries?

Unless you are filing a claim against a public entity, there is not one specific action you must take first. There are, however, a number of things you can do after your accident to ensure that you are given the just compensation that you deserve. In order to do this, there are a few suggestions that can start you in the right direction. These suggestions include writing down as much as you can about the accident (from injuries to losses), documenting the conversations you've had with anyone involved in the accident or claim, preserving any evidence (taking picture or collecting physical evidence), gathering as much information from surrounding witnesses and informing the individuals you find responsible about your intention to file a claim. A qualified personal injury lawyer can assist you through the legal processes involved.

What should I do when notifying the responsible parties for my intention to file a claim?

When filing a claim and notifying the responsible parties, you must first determine who is responsible for the personal injury accident. Once this is determined, you must notify those found responsible for your intention to file a claim. This can be done by sending out written notification letters, which are typed. They provide a simple notification and ask for a written response; they also state that the recipient should not discuss who is at fault or responsible for the personal injury. When filing a claim against a responsible party, it is important to notify them as quickly as possible. Delaying the process may cause even more confusion and give the other party a reason for stating that you unfairly surprised them. This provides you with a safeguard and may increase your chances of getting the just compensation that you deserve.

What is involved when filing a claim against a governmental entity?

Filing a claim against the government means that you are filing against a state, county or local governmental entity, or even a governmental employee. When filing a claim, it must meet the requirements found within the California Tort Claims Act. Tort refers to an injury brought on by the government and must be filed when you are trying to receive money or damages from a governmental entity. With few exceptions, California law states that a claim against a governmental entity must be filed within a six month time span. A claim can be filed by the individual themself or someone acting on behalf of the individual that was injured.

Filing for personal injury can be an overwhelming time to go through. Contact Timothy J. Ryan & Associates and we would be happy to discuss your case and answer any other questions you may have!