Ideally, an injured person would simply submit a claim to the insurance company and then be able to negotiate a fair value to resolve the claim. If this is not possible or the insurance company is making an offer far less than what claim is worth, then you need to file a lawsuit.
The process after a lawsuit is filed is handled by us as your attorneys. After lawsuit is filed at the court, many things are handled by us. Attorneys for each side typically begin gathering facts through exchange of documents, written questions or depositions. At this stage many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.
If you win the case, it means that a judge has issued a verdict stating that the other party is legally obligated to pay you for your losses. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also compensates your suffering and damages for any physical disfigurement or disability.
Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. The settlement finalizes the claim and closes the case; hence there is typically no option for future damage claims. Your attorney can to provide a realistic assessment of a settlement offer, while the final decision is yours.
As the state of California has certain time limit known as “statute of limitations”, it is important to speak with personal injury attorney as soon as possible. It not only helps to make the case stronger but also increases the chances of getting fair justice. In case, you miss the statutory deadline for filing a case, your case will likely be dismissed by the court.
Non-citizens or immigrant does not mean you will be devoid of right to get compensation after personal injury accident. There is law to protect information about plaintiff’s immigration status.
In California, your immigration status should not affect your personal injury case.
If you are an undocumented immigrant and you have been hurt in any kind of accident, don’t give up on the possibility of compensation.
Here are the consequences of not filing the claim-
Although, it is the decision of the victim about filing personal injury claim, a personal injury attorney can help you understand the complex legal matters that may be involved in your case. Call us at (213) 250-2210 and get free preliminary consultation.