After an accident, dealing with the aftermath can be difficult and confusing. If you have been injured due to someone else's negligence, you may consider filing a personal injury lawsuit to get compensation for your medical bills, lost wages, and suffering. Understanding the legal process can provide clarity and peace of mind.
For those in Los Angeles, Riverside, San Bernardino, Orange County, Ventura County, and Kern County, finding proper legal support is a key first step. Antaramian Law, APC, led by attorney Andrew Antaramian, stands ready to guide you.
With years of experience as a former defense attorney for insurance companies, Attorney Antaramian possesses a unique understanding of how the other side operates. This background gives his clients a distinct advantage. Seeking help from a knowledgeable lawyer is important because the process involves specific legal procedures and deadlines that can impact the outcome of your case.
The journey of a personal injury lawsuit begins long before you step into a courtroom. The initial phase is all about gathering information and building the foundation of your case. Your first action will be to meet with a personal injury attorney for a consultation.
During this meeting, you will be able to talk about the details of your accident and the injuries you sustained. The attorney will listen to your story, ask questions about what happened, and review any documents you have, such as medical records, police reports, and photos of the accident scene. This meeting is your opportunity to understand your legal options. An attorney will evaluate the strength of your case and explain the potential paths forward. It is a way to get information and decide if filing a lawsuit is the right choice.
If you and your attorney decide to move forward, the investigation phase begins. Your legal team will start gathering all the necessary evidence to support your claim. This is a detailed process that may involve:
Collecting documents: This includes obtaining all medical records related to your injuries, police reports, and any witness statements.
Speaking with witnesses: Your attorney may contact people who saw the accident to get their account of what happened.
Visiting the scene: Sometimes, a lawyer will visit the accident location to get a better sense of the environment and document conditions.
Hiring professionals: In some cases, accident reconstruction specialists or medical professionals may be brought in to provide their opinion on the cause of the accident or the extent of your injuries.
This thorough investigation is meant to build a strong case that clearly shows the other party was at fault and that their actions directly caused your injuries.
Once enough evidence has been gathered, your attorney will officially start the lawsuit by filing a complaint with the court. This legal document outlines your allegations against the person or entity you believe is responsible for your injuries (the defendant).
After the complaint is filed, a copy must be delivered to the defendant. This is known as "serving" the complaint, and it officially notifies them that they are being sued. The defendant then has a specific amount of time to file a response, typically referred to as an "answer."
Discovery is the formal process where both sides exchange information. It is designed to make sure there are no surprises at trial and that each party has access to all relevant facts. This phase can be the longest part of a lawsuit and includes several methods for gathering information:
Interrogatories: These are written questions that one side sends to the other, which must be answered under oath.
Requests for production: Each side can ask the other to produce documents, such as medical records, business records, or emails.
Depositions: A deposition is an out-of-court testimony given under oath. Attorneys from both sides will ask a witness, who may be you, the defendant, or another party involved, a series of questions. A court reporter records everything that is said.
Requests for admission: These are written statements that one party asks the other to admit or deny. This helps to narrow down the issues that are actually in dispute.
The discovery process is a critical part of the lawsuit. It allows your attorney to understand the strengths and weaknesses of the defendant's case while solidifying your own.
Most personal injury cases do not go to trial. Instead, they are resolved through a settlement, a formal agreement between the parties that ends the lawsuit.
At any point during the lawsuit, the attorneys for both sides can negotiate a settlement. Your lawyer will present the evidence and argue for a fair amount of compensation based on your injuries, medical costs, and other damages.
Sometimes, the parties will use a neutral third party, called a mediator, to help them reach an agreement. Mediation is a confidential process where the mediator facilitates discussion and helps both sides find common ground. It is often a successful way to resolve a case without the expense and uncertainty of a trial.
If a settlement cannot be reached, your case will proceed to trial. During the trial, both sides will present their evidence and arguments to a judge or jury. This includes witness testimony, documents, and other exhibits. After hearing all the evidence, the judge or jury will decide if the defendant is liable and, if so, how much compensation you should receive. A trial can be a lengthy and demanding process, but with a prepared attorney, you can present the strongest case possible.
California has specific personal injury laws that can affect your case. A key concept is the statute of limitations, which is a deadline for filing a lawsuit. For most personal injury cases in California, you have two years from the date of the injury to file a claim. If you miss this deadline, you may lose your right to sue.
California also follows a "pure comparative negligence" rule. This means you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for an accident and your total damages are $100,000, you would receive $80,000. An attorney can help explain how these laws apply to your specific situation.
Antaramian Law, APC, fights for the rights of California personal injury victims with knowledge and compassion. The firm understands the challenges victims face during this difficult time and works tirelessly to make sure your rights are protected.
From gathering evidence to representing you in trial, Attorney Antaramian is committed to pursuing the compensation you deserve. With years of experience and a client-focused approach, he strives to provide trusted legal guidance throughout the entire process. Call Antaramian Law, APC, for trustworthy legal guidance in Los Angeles, Riverside, San Bernardino, Orange County, Ventura County, and Kern County.
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