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Filing an Injury Claim After an Accident: What Can I Expect?

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Whether you’re injured in a car accident, motorcycle accident, electric scooter accident, or at work, you will probably need to file a personal injury claim in order to receive the compensation you need to pay for your damages.

This can seem like a confusing time, especially when you don’t know how the process works. Our attorneys are here to help you understand what to expect next so that you stay informed every step of the way.

Interacting With the Insurance Company

If you’re injured and someone else is at fault, you will probably be going through the at-fault driver’s insurance company. They may try to call or meet with you in order to get your statements on record.

While they may seem to be on your side, remember that they have their own agenda. The courteous demeanor is typically a strategy they use to get information from you that they can use to their own advantage. Your personal injury attorney can give you advice on what to say and do when it comes to dealing with the insurance company.

Understanding California’s Shared Fault Laws

California follows a “pure comparative negligence” rule. This means that there may be two parties found to be at fault for an accident and an injured party’s compensation will be reduced by the amount of fault they shared in the accident.

If you’re found to be 10% at fault for an accident and you are awarded $20,000 in compensatory damages, your award amount will be reduced by $2,000 and you will actually receive $18,000.

You May Not Settle

Because of California’s shared fault rules, the insurance adjuster investigating your claim may use this to their own advantage. They may try to prove that you shared a higher percentage of fault in the accident than you did and then offer you a lower settlement offer.

Your personal injury attorney will be able to look at the evidence of your case and show that you did not share the percentage of fault that they are claiming. With this information, the insurance company should offer you a higher settlement offer, but this is not always the case. You and your seasoned personal injury attorney may then have to go to court in order to seek the compensation you are entitled to receive.

Contact a Santa Monica Personal Injury Attorney

If you’re filing a personal injury claim, you don’t have to go through the process alone. The legal team at Mcgee, Lerer & Associates is committed to protecting the rights of injured individuals in California. We will work to ensure the insurance company pays you what is fair so that you receive the compensation you need to heal.

Contact our firm at (310) 231-9717 for a free consultation and to discuss what your options are moving forward.

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