When you are faced with personal injuries after an accident, there is need to seek help from the San Diego personal injury lawyer who will guide you through the claim process. At the first meeting, the attorney will take the details of the accident and injuries and answer any questions that you might have. The solicitors will then weigh your case to determine whether you have a valid claim. If you decide to proceed with your case, then the San Diego personal injury attorneys will fast track your claim to ensure that the claim process commences as soon as possible. Here are some of the frequently asked questions to help you have an overview of what to expect in the entire process.
What is notice for particulars?
The notice for particulars takes into account all the cases that are to be handled by the defendant’s lawyers. Additionally, it is one of the documents that form one of the pleadings and usually includes different questions about the case. Some of the issues include the details concerning your claim loss of earning, your progress to date, nature of injuries sustained, detail of witnesses and how the accident happened. Once the San Diego personal injury attorneys receive the notice for particulars, they will send you a copy which you are required to provide truthful and accurate replies. Also, it’s important to note that failure to provide accurate facts can severely compromise your claim.
What are settlement meetings all about?
During the settlement meetings, the San Diego personal injury attorney will introduce you to your barrister who will have been previously briefed about your case and will have all the relevant documents of your case. He will discuss with you the details of the case and give you insights on the “value” of your claim such as the amount of compensation the judge is likely to award you if your case is to be postponed to a later date. Your lawyer and barrister will then go ahead and discuss the contents of your case with an insurance company’s attorney or barrister to obtain the best offer. They will later get in touch with you to discuss the offer that has been made and also give you feedback on the same.
How is the claim procedure undertaken?
Once the detail of the accident has been taken the San Diego, personal injury attorney will write to you to confirm the issues and instructions from the letter of claim from the third party. The attorneys will then evaluate the nature of injuries and legal basis for your claim. Once all the necessary reports are accessed, the San Diego personal injury lawyers will avail a brief for counsel (barrister) who will be responsible for drafting the legal proceeding. A copy of the proceeding will then be stamped and provided to the San Diego personal injury lawyers. The defendant’s solicitor is then required to file a defense, which should indicate whether the defendant denies or accepts the liability. Once the pleading is closed the counsel is instructed to prepare ” advice of proof” which outlines measures to be taken before a trial including the witnesses required.
What’s the timeframe required to make a claim- The statute of limitation?
You will have up to two years from the date of the accident to make the legal proceeding for compensation, but this is subject to strict exceptions. The exception in such a case is that persons who were below the age of 18 years at the time of the accident will have until the 20th birthday before they can file a claim. Also, it’s important not to delay in filing your claim since a lengthy delay can create a lot of difficulties and this can prompt the defendant to file a motion for dismissal.