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A: There are four parts of a personal injury claim that need to be proven. First, establish the presence of duty (there was a responsibility of care). Second, prove there was a breach of that duty. Third, the claimant needs to prove there was physical, emotional, or financial injury.
In California, personal injury is considered any physical or emotional injury caused by the actions of another party.
The insurance adjuster will use a formula to determine what amount to offer you as a settlement. They'll begin by adding the costs of the medical expenses, lost property, wage loss, and whatever else has a specific dollar amount, which are called special damages.
How to file a personal injury lawsuit in California Step 1: Establish legal standing. In order to file a lawsuit in California, you must have legal standing. ... Step 2: Hire a lawyer. ... Step 3: Determine the venue for your lawsuit. ... Step 4: File your claim within the statute of limitations. ... Step 5: File your complaint.