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The Injury Claim Filing Process

Getting Financial Compensation After an Injury — From Filing a Claim to Verdict or Settlement

Few people who have not been involved in a personal injury or wrongful death claim understand the process. Most individuals and families are unsure what to do. Often they leave it up to their insurance agent to handle their claim (in a motor vehicle accident case), or they fail to take any action until months after the incident.

If you were injured by the negligence of another, there is a statute of limitations during which you must bring your personal injury claim:

  • If you were hurt on government property or by a state or local public entity or government employee, you have only 180 days in which to file a claim.
  • In other personal injury cases (non-medical malpractice claims), you may have up to two years.
  • Special rules operate in cases involving children and in claims against the United States or its agencies.

There are good reasons to take action to investigate and prosecute your claim as soon as possible after an injury or accident. The most important reason is to collect evidence while it is available, identify witnesses and investigate in order to prove fault. The longer you wait, the more likely it is that evidence will disappear and witnesses will forget.

The sooner you work with an attorney, the sooner your attorney can begin to collect and preserve the evidence.

At the San Francisco law office of Walkup, Melodia, Kelly & Schoenberger, we immediately begin to investigate your medical malpractice and auto accident or premises liability claim.

Our personal injury attorneys will guide you through the process of bringing a successful claim. We have helped thousands of families like yours achieve significant verdicts and settlements. See how we have helped past clients. Contact our office today to schedule a FREE CONSULTATION.

The Process of Bringing an Injury or Wrongful Death Claim

After you have had an initial meeting with a lawyer, we will:

  • Help you give notice of your injury claim to the relevant parties, government agencies or insurance company
  • Prepare and file your claim with the insurance company or responsible party
  • Gather and preserve evidence to prove fault
  • Gather medical information to prove the extent of your injuries

If the insurance company rejects your claim or fails to make a fair settlement offer, then our injury lawyers will prepare your case for trial. We have extensive experience bringing accident claims to trial. We do not let our clients settle for less than they need and deserve.

The stages in a personal injury lawsuit include:

  • Filing initial court paperwork
  • Fact-finding and discovery, including gathering witness testimony and consulting with medical experts, technical experts and economic experts
  • Seeking resolution with the insurer or responsible party through negotiation, mediation or arbitration (an option in cases against uninsured motorist claim insurers or Kaiser Permanente)
  • Representing you in trial if a settlement still cannot be reached

Experienced San Francisco Injury Settlement Attorneys on Your Side

Contact the San Francisco law office of Walkup, Melodia, Kelly & Schoenberger for legal advice and a FREE CONSULTATION to discuss a California accident lawsuit.