If you suffer a personal injury in California and a company is fully or partly to blame, you may have grounds to file a civil claim against them. Understanding how to file an injury claim against a business requires an understanding of the legal process and any statutes that could impact your ability to seek compensation. The best way to handle this is to work with a qualified California personal injury lawyer who has a strong background in these kinds of claims.
When their negligence leads to your personal injury, business owners should be held accountable for your expenses. Below, our team at Ernst Law Group discusses the steps you can follow to achieve a satisfactory outcome.
Take action right away to gather evidence and support your claim
You may be hurt if you slip and fall in a store, get in a car wreck with a commercial vehicle, or be hurt by a defective product. No matter how a business is involved with your injury, you need to get started immediately, taking care of your health and protecting your chance at compensation. The longer you wait, the greater the chance the company will deny any liability.
When you are hurt, the pain can be disorienting and make concentrating hard. If you’re seriously injured, ask someone else to call 911 for help and collect evidence. However, if you’re able, follow these recommendations to boost the strength of your claim:
- Get medical attention from paramedics or see your doctor within 72 hours to establish a connection between your injuries and the accident.
- Take photos of your injuries, any vehicles or other property involved, and any conditions (traffic, ice, rain, spilled items) that could show what happened to you.
- Ask any witnesses for their contact details.
- If you’re in a car accident, California state law requires you to exchange information with any other drivers.
- If you’re hurt in a store, ask the manager for an incident report form and keep a copy for yourself.
- Notify any appropriate insurance companies.
- Contact a personal injury attorney immediately.
While you wait for the insurance company to offer a settlement, you can obtain medical care by using your personal health insurance or other insurance that might apply. Your accident injury lawyer can advise you on all your options.
Determine who is at fault
Any number of people or companies could be at fault. For example, an employee may have left boxes in a store aisle, but the store owner or manager is responsible for clearing any hazards. A business that makes faulty kitchen products is probably to blame if they set your home on fire. A truck driver might have hit your car, but the trucking company could be liable for not training the driver properly.
Your personal injury attorney will conduct a thorough investigation to find out who is to blame and develop a strategy to maximize your compensation.
Negotiate with insurance providers
Insurance companies may contact you right away to offer a quick settlement so you’ll close the case. This doesn’t always work in your best interest because they are hoping to pay you a fraction of what you might deserve. They often count on you not understanding how the process works and being distracted by your injuries.
Instead of taking the risk, let your personal injury attorney handle these conversations. They’ll negotiate a fair settlement on your behalf and prepare your case to go to court if the insurance company denies your claim or doesn’t meet your demands.
Act quickly so you don’t lose your chance to sue the business for personal injury
Although you may be hurting and undergoing medical treatment, you can’t let too much time pass before you begin seeking legal representation. California’s statute of limitations only gives you two years from the day you were injured to file a personal injury claim in court. Insurance negotiations can take months before you decide to go to trial, so you must get started as soon as possible so your lawyer has time to build a powerful case.
Let Ernst Law Group advise you on how to sue a business for personal injury
While you can file your own insurance claims and lawsuits, such as in small claims court, the truth is that you probably don’t have the education or experience needed for the best outcome. Personal injury lawyers spend years in school and working on cases of all kinds, giving them insight into the legal and insurance claim processes that most people would struggle to understand. Add in the complexity of a truck accident or product liability claim, and pursuing your case can become a full-time job.
Contact Ernst Law Group online or by calling (805) 541-0300 to schedule a free consultation and learn how we can help you today. We fight for you so you can heal.
