Legal Question in Personal Injury in California

Re: Legal Forms in an auto accident

There is no form. You hire a sob lawyer and go after them for your damages. I worked 15 years defending PI cases from all the big companies and they are not passing out free money. It is a fight start to finish. Send me your details and I can get you started.

Dr. Michael Cortson

Re: Legal Forms in an auto accident

There are forms and there are fees. The "form" personal injury complaint can be picked up from the clerk's office at the Superior Court. The filing fee varies from Court to Court but is generally $175 to $190 (unless you are filing in small claims court where the form is much simpler, the fee is much smaller and the amount you can sue for is $5,000 or less). In almost all cases you will be suing the person who hit you and not their insurance company. However, you will be interacting with the insurance company in litigating and/or settling the claim.

Filing a complaint should not be taken lightly. The forms are very technical. Errors on the form could be death to your cliam. There are very strict time limits within which things must be done. The court proceedings following the filing need a seasoned professional to navigate through.

I strongly suggest getting a "top notch" personal injury firm on your side. If you file the complaint yourself, what message are you sending the insurance company? Do you think for a minute the insurance company is going to be intimidated by a complaint filed by a non-experienced, non-seasoned, non-attorney? Law suits are a matter of strength, knowledge, power, tactics and some times called the "litigation war". How experienced is your "army" in this battle with the insurance company's "army", their litigation team that has hundreds of years of combined litigation education and experience with unlimited resources?

Unless you are making your claim in small claims court, get a "top notch" personal injury firm on your side. The best firms charge nothing for a consultation and/or case evaluation. They will advance all the costs of the litigation. According to an insurance company study, client's have a better net result from a insurance claim when represented by an experienced attorney then they do on their own. At least consult with an attorney so that you can get the bigger picture.

My office is available to consult with you regarding this matter (no charge or obligation, whatsoever).

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com 800-956-0123

Re: Legal Forms in an auto accident

You should simply write a letter or retain counsel. There are no forms or fees to make the claim, only to file a lawsuit which MUST be done within one year.