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What happens when you file a personal injury lawsuit?

Walnut Creek auto accident attorney

For most people, the possibility of filing a car accident lawsuit isn't top of mind. It’s a rather foreign process for those who have never done it before.

Injuries caused by negligence can come without warning, however. The attorneys at Clancy & Diaz often represent clients who were hurt in traffic collisions, slip and fall accidents, and other premises liability incidents, like dog bites.

Why would I need to file a personal injury lawsuit?

These incidents can happen to anyone at any time. Injuries can be serious enough to require costly medical care, time off from work, and time away from daily activities.

An injury can be more than an inconvenience. It can be financially and emotionally devastating. The insurance companies representing the negligent parties are more concerned with cutting their own costs than making sure your medical expenses and lost wages are covered.

You will have to file a lawsuit to avoid paying out of your own pocket. That’s where we come in. Our attorneys act as a buffer between you and the insurance companies. We investigate incidents like yours, negotiate with insurance companies, and present evidence in court.

What will happen when I file a personal injury lawsuit?

First, you should never, under any circumstance, speak to the negligent party’s insurance provider. Anything you tell them can hurt your claim and even prevent you from being compensated.

After you have received a medical evaluation, you should consult with an attorney. Your attorney will review the details surrounding your incident and determine if you have a valid claim.

Your attorney will need to examine the location where your injury occurred, as well as documentation of the incident, your medical evaluation, and other supporting evidence. After your initial consultation, your attorney will need to determine the value of your claim.

Please note: this could take some time, and no guarantees can be made regarding how much compensation you can expect to receive.

How will my attorney determine the value of my claim?

After your initial consultation, a thorough investigation will follow. This includes tallying up the damages relating to:

  • Your prompt medical treatment
  • Cost of future medical care
  • Current and future wage loss
  • Other loss of earnings
  • Property damage
  • Pain and suffering
  • Punitive damages

How will my claim be settled?

Once an accurate value of your claim has been determined, your attorney will begin the negotiating process. In some cases, the negligent party’s insurance provider will come to an agreement with your attorney and offer a settlement without going to trial.

Your attorney will then notify you of the settlement. You can either accept or deny it.

If the insurance company refuses to budge, your case will go to trial. This is where your case can become more complex and drawn out, especially if the defendant appeals the verdict.

Your attorney will need to present strong evidence that negligence was the cause of your injury. This may include:

  • A police report
  • An incident report
  • Witness statements
  • Surveillance camera footage
  • Pictures of the scene where your injury occurred

The attorneys at Clancy & Diaz have represented injured people in Walnut Creek and the Bay Area for more than a decade. Our winning legal strategy has helped clients maximize their compensation. Our case results include:

  • $3,000,000 in a wrongful death suit
  • $2,617,566 in an auto collision
  • $1,497,406 to a pedestrian struck by a large truck
  • $1,300,000 in a premises liability case

If you sustained an injury due to someone else’s negligence, contact us online or call us at 925-835-7500 and schedule your free consultation.

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Clancy & Diaz, LLP
2855 Mitchell Dr Suite 106
Walnut Creek, CA 94598
p: 925.835.7500 f: 510.768.7203