What you should know about the Tort Claims Act process


If you suffer an injury because of someone else‘s negligence, you can file a tort claim act. Besides, when you’re involved in a motor vehicle accident or hurt yourself without being personally responsible for it, you can make a claim. If you were liable for the injury, your insurance company would subtract the percentage you were responsible for.

You could qualify to receive pain and suffering compensation if the injury was severe. Severe damage is one that prevents you from earning income, acting as a caregiver, or living your life comfortably. It may also be a permanent injury that affects the rest of your life. In this case, you may need a personal injury lawyer who’ll explain whether the injury qualifies.

Here are  the steps that you’ll take to file a Tort Claim

Gathering Proof

Your case needs support in the form of witnesses or police reports. If you’re working with a lawyer, they’ll gather witness statements and conduct interviews to make your case reliable and robust.

Starting your case and collecting documentation

Your case has begun when your lawyer files a statement of your claim and sends it to the defendant’s lawyer. Lawyers on both sides will engage each other to see how the case will proceed. Your lawyer will probably request more documentation and evidence from the opposing side so that they can have a clear picture of your case.

There’s a flurry of messages to and fro as lawyers on both sides share medical, financial, and important information during this process.

Your lawyer will always keep you in the loop by explaining how long the case will proceed, your settlement’s expected amount, and the likely case outcome.

Time for questions

Since you presented some documentation to back up your settlement, you should expect the defendant’s lawyer to call you for questioning. This also applies to your lawyer who’s representing you; they’ll ask the opposing side questions. Both the plaintiff (you)  and the defendant will be asked to take oaths before the questioning process begins.

Your lawyer will ensure that the defendant’s lawyer’s questions are fair and within acceptable standards.

Medical Exams

Both sides may ask you to undergo a medical exam by a doctor they’ve chosen themselves. Once the results are out, they’ll form part of the evidence that your lawyer will also use to support your claim.

Settlement Process

Before the judge makes a ruling, a lawyer from either side may offer a settlement to stop the case from going to trial. In this case, your lawyer may advise that your motor vehicle claim be settled out of court.

However, if the case goes to trial, the settlement process may take several years. It’ll be up to your lawyer to keep you updated and advise you on whether you should settle or continue to negotiate.

If the judgment is in your favor, your lawyer will subtract any expenses and legal fees and provide compensation. If, however, you’re unhappy with the assessment, you may appeal through your lawyer.

Speak to a CA tort claims lawyer to understand your rights if someone else’s negligence caused your injury.

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