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Tutorial on Filing a PI Claim

If you or a loved one has been injured in an accident caused by the negligence of another party, one of our highly experienced Santa Ana accident lawyers can help you recover the full compensation that you deserve. Proving that another party was responsible for an accident is only the first step, followed by the collection of evidence, visiting relevant experts in doing so, and then the drafting of your claim. After it has been drafted and proven with evidence, you’ll need to negotiate with the insurance company of the liable party, and if they refuse to provide a fair settlement, your only option is to take them to court. 

Working with one of the Santa Ana accident attorneys from our firm removes the entire process from your hands. We take over the entire process, and ensure that you recover the highest possible amount in damages. To learn more, reach out to the Law Offices of Benjamin Arsenian for your free initial consultation. 

When Can You File a PI Claim? 

A personal injury, or PI, claim is filed by a person, or on their behalf by one of our experienced Santa Ana accident lawyers, who has been injured in an accident that was caused by the negligence of another party. A claim is filed when you suffer injuries that result in medical costs in addition to lost wages and earnings at work. 

To prove that another party was negligent and in turn liable for the costs associated with your injuries, you’ll need to prove the four elements of negligence:

  1. Duty – the party that you are seeking damages from must have had some duty towards you; for example, all drivers on the road have a duty to follow traffic laws and to drive sober 
  2. Breach – the duty owed to you must have been breached, such as when a driver breaks the speed limit or drives drunk
  3. Causation – the breach of duty on behalf of the other party must be the actual cause of the accident; for example, speeding or intoxication made a driver unable to stop in time, leading to a collision 
  4. Damages – the accident caused by the breach of duty must have resulted in measurable damages, such as damage to a car, medical bills, and lost earnings or wages

Whether the negligent party was an individual driving their own car, a company, or the employee of a company, oftentimes, you’ll be filing your claim with an insurance company. Insurance companies are for-profit businesses that generate revenue by charging a premium, with their primary cost being payments made to injured parties. The insurance company has a full-time team of attorneys and claim analysts in place working to reduce or deny whichever claims they can. 

Working with an attorney of your own evens the playing field, and ensures that you recover the full amount you deserve, not a lesser amount the insurance company convinces you to take. The Santa Ana accident lawyers from our firm step into your shoes, handling all negotiations with the insurance company on your behalf. 

Connect with an Attorney Before Negotiating with the Insurance Company 

The time to reach out to an attorney is as soon as possible after you have received emergency medical care following your accident. As time passes from the time of your accident, important evidence can become more difficult to collect, whether that be witness statements while the accident is fresh in their mind or even evidence from the scene of the accident itself. For example, if you have been injured in an automobile crash, contacting an attorney soon after the accident may allow for more accurate and comprehensive witness statements and even photographs from the scene. 

Document All You Can, Then Rely on Your Attorney for the Rest

It is helpful to gather as much evidence as possible concerning your accident and the related injuries as possible to assist with your case, especially evidence that might be difficult or impossible for your attorney to gather. For example, if you are able to move about following a car accident, it is helpful to take photos and videos of the scene of the accident. This can provide your attorney with valuable information that will be unavailable as soon as the tow trucks arrive on the scene and remove vehicles. 

Law firms that focus on personal injury are also able to do accident re-creation as a way of generating evidence. We have experts in our network who are capable of reviewing the facts related to the accident or incident that led to your injuries to determine the course of events that caused it. Even after vehicles have been towed from an accident scene, for example, experts are able to assess the damage to determine the speed and trajectory of the accident, which can, in turn, assist in the assignment of liability. 

Your attorney will guide you through any further steps of gathering evidence once they are on the case. You are entitled to a record of any and all medical treatments you received, in addition to reports related to any workplace accidents. If you are in a car accident, your attorney helps you interview witnesses, gather police reports, and put together all the information that is essential to your claim. 

Discuss Your Claim with our Experienced Santa Ana Accident Lawyers

The sooner you have one of our Santa Ana accident lawyers by your side, the sooner you can rest assured that you will recover the full amount you are entitled to for your injuries. Your initial consultation is free, during which we’ll gather some information about your injury and the circumstances surrounding it. It is important to note that an attorney-client relationship is not created through your free initial consultation. If your case is a fit with our firm, we will offer to represent you, and explain how our contingency fee arrangement works. 

We only get paid if we win, so there is no risk in reaching out for your free consultation. Connect with a personal injury attorney from the Law Offices of Benjamin Arsenian to learn more about how we can help now.