If you’ve been injured in an accident in California, you may be entitled to compensation for your losses and suffering. However, recovering compensation is not as simple as submitting a single piece of paperwork and being awarded money. Many steps happen between the accident and when your case is settled.
If you live in the Bay Area and need help with a claim, our San Francisco traffic accident lawyers can assist you. We will walk you through the personal injury process and fight hard to ensure you are awarded the full and fair settlement you need for the damages you have suffered.
What Are Personal Injury Claims?
Personal injury claims are cases that deal with negligence that causes harm. For example, if another driver runs a red light and hits you, you can file a personal injury claim against them for their negligent actions. The point of these claims is to recover compensation for damages you have suffered as a result of the negligent action.
If you sustain a head injury in the accident, you would file a claim and could recover compensation. These damages would cover your medical bills, income lost while you recover from your injury, and could include compensation for the emotional trauma you suffered as a result of your injury and the accident.
Personal injury claims are civil cases, meaning the purpose is to hold the negligent party financially accountable for their actions. They are not criminal cases, meaning the purpose is not to punish the negligent party, such as by charging them with a crime and sentencing them to time in prison.
It’s also important to note that while the claim is filed against the negligent person, it is typically their insurance company that compensates you for your damages. However, it is possible in some cases to file a lawsuit on top of the personal injury claim to recover additional compensation directly from the negligent person.
A Step-by-Step Guide to the Personal Injury Claim Process in California
Before you can recover compensation, multiple steps must first occur. The personal injury claim process is not always easy and can take some time.
1. Consult a Personal Injury Lawyer
After you’ve been injured in an accident, one of the first things you should do is contact a local personal injury attorney in your area. There are timelines that must be met, certain paperwork to file, and very strict procedures that must be followed when filing a personal injury claim — all of which you will be able to navigate more easily with an attorney representing you.
2. Give Notice of Your Claim
After contacting an attorney, the next step in the personal injury claim process is to send notice to the responsible party and/or open the claim with their insurance company notifying them of your intent to recover damages. This usually requires a phone call during which you or your lawyer will provide some basic information about the accident and your claim. You do not need to go into great detail during this call, and you should never give the insurance company your social security number.
3. Demand for Personal Injury Compensation
Once you have concluded all medical treatment related to the injuries you received in the accident, your attorney will then craft a detailed demand letter to the responsible party’s insurance carrier. This demand letter will chronicle your “journey” from the moment the accident occurred to the present. It will detail how the accident happened, why the other party is at fault, what your injuries and treatment entailed and the course of your pain, suffering and recovery. Then, at the end of the demand letter, your lawyer will demand a specific dollar amount of money for which you will settle your claim.
4. File a Lawsuit for Compensation
If the defendant (the negligent party) or their insurance company rejects or fails to respond to your request for compensation, or they simply will not offer a fair amount for your damages, your attorney will then file a complaint (lawsuit) demanding compensation to the appropriate court. Once this complaint has been filed, the defendant must also be served a copy of the complaint and a summons and then will have 30 days to respond.
5. Discovery Phase
Once the complaint has been filed and the defendant has answered the complaint, your case will enter the discovery phase. During this time, both sides will have the time to thoroughly investigate the accident, gather evidence, and exchange necessary information. This can include depositions, requests for documents, interrogatories, and requests for admissions.
6. Settlement Negotiations
After all evidence and information have been exchanged and gathered, the case will enter the negotiations phase. In some cases, both parties may reach an agreement through mediation. If so, you will agree to drop the lawsuit and accept the settlement amount agreed upon. If the parties cannot reach an agreement on how much compensation should be awarded, the case will likely continue to trial.
7. Court Trial
If the case goes to trial, both sides will present their evidence and arguments to a judge and/or jury. The judge or jury will then decide the outcome and how much money, if any, is owed to you (the plaintiff). If, for some reason, either party is still unhappy with the outcome, they may file an appeal with a higher court.
Personal Injury Lawsuit Timeline
There is no guarantee how long it will take to get through the personal injury claim process. Some cases are swift and easy, meaning after you and your lawyer file the initial notice, the other party might immediately agree to pay the damages you are requesting.
It is not uncommon, however, for the defendant and their insurance to want to proceed to discovery and settlement negotiations if they do not initially agree with the initial demand for compensation. And from that point on, there is no telling how long the case will take until it reaches a settlement.
This is why it is always best to work with an attorney. Even with an attorney, the case can be long and drawn out, but your lawyer will work hard to avoid that. Their goal is to help you navigate the process and reach an agreeable outcome as quickly as possible so you can get the money you need and get back to your life.
We Handle Your Personal Injury Claim So You Can Focus On Your Life
If you are injured in a California accident, our legal team can evaluate your case and help guide you through the process to make it as easy and pain-free as possible.
At Sally Morin Personal Injury Lawyers, our personal injury accident lawyers fight hard to ensure our clients get the fair compensation they deserve to help pay for their damages. For help with your personal injury claim, call us at 877-380-8852 or contact us online today for a free case evaluation.
When I got into my accident I was really not looking for an attorney, however I became frustrated with the other parties insurance company. I then went online and found Sally Morin Law and called for a free courtesy consult. Annie quickly called me back and spent 30 minutes explaining the attorney process. This made my decision easy,,, an All female attorney group certainly did not disappoint. Annie and her team (Amber) were on the case immediately, making calls, sending emails and dealing with the other party insured (or lack of insured). I’m so pleased to have had this incredible team of ladies to help me through this process. They did all their professional expertise, none of which I was capable of. They advocated for me in every way from medical bills, insurance liens, med pay, demand letters, phone calls, emails etc. All I needed to do was send receipts, and most importantly focus on getting better. Thank u team for all u have done. I am grateful for so much,,, and I can say that making that first phone call was the best decision. Keep up the great work and helping others
Sincerely
KJJ
I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn’t just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!
I was t-boned by someone who ran a red light, totaling my car and sending me to the hospital with multiple breaks to my pelvis, among other smaller injuries. Once released from the hospital, I was confused, angry, and extremely anxious about what to do next. A friend encouraged me to seek legal help, and I found the team at Sally Morin. I was drawn to their all-women team, and immediately felt assured that I was in good hands. They took the reigns on handling everything, leaving me significantly more relieved to rest and heal like my body needed. With their help, the case was settled within four months of the accident, and I can now move forward with my life and leave this behind me. I would absolutely recommend the team at Sally Morin to anyone in a similar situation!
I was injured while riding my bicycle and a friend recommended Sally Morin Personal Injury Lawyers. In my experience, they made the process transparent and smooth, allowing me to focus on recovery — they were professional, empathetic, and effective! Rebecca and Carmen made a difficult time much less stressful.
My mom was in a car accident and was badly injured. We wanted her to focus on her recovery without the worries of medical bills and dealing with multiple insurance companies so we hired Sally Morin Lawyers. Fortunately we received Annie Heller who showed strong ownership of the case, dealing with all communications from medical to slow moving insurance companies. Annie and team helped us settle the case with money in my mom’s pocket, but more importantly helped all of us not worry about anything besides my mom’s recovery. thank you!
Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result
What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
I was very fortunate that, by pure luck, I found Sally Morin’s firm online. It wasn’t recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive, and responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported by her, and even after my case was successfully settled, she followed up with me. Thank you Annie, for your exceptional legal service!!
Amazing! After months and months of going it alone and getting nowhere with our sons accident, and struggling...badly, we were lucky enough to get refered to Sally and Rebecca.
They took over the whole case and handled everything.
The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.
They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.
I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew
Rebecca and the Sally Morin team provided invaluable support during a challenging period after our daughter was involved in a car accident. Their care, expertise, and dedication resulted in an outcome that exceeded our highest expectations. Working with them was a great experience, and I wholeheartedly recommend their services to anyone, without hesitation!
I worked with Annie on my case and had such a pleasant experience! I felt supported and understood throughout the whole process. I highly recommend Sally Morin firm. Being injured isn't pleasant, so having a team behind you that's got your back makes the experience that much better.
I just spent the last 8 months working with a team of caring, compassionate, relatable women for my personal injury claim. Brief background: I was hit by a car while riding my bike to work. The driver pulled out of a parallel parking space without looking and was completely at fault. Initially, he and the others in the car were very concerned, but ghosted us afterwards and made up a story in order to not take on the blame. I ended up needing surgery and costs mounted, so I sought legal advice. After much research, I settled on Sally Morin Law. The team at this law firm is invested and responsive in a very personable way. I specifically worked with Carmen and Annie. Carmen took the lead and she answered every email, text, and annoying question my husband and I sent her way. She wrote a detailed demand letter that personalized my case and thoroughly explained the impact the accident had on my life, my children's lives, and my husband's life. In the end, our own insurance policy covered the claim to the fullest amount. Additionally, Carmen was able to negotiate the medical lien to $0, and my husband received a separate smaller amount for loss of consortium. We are more than happy with the results as it’s way beyond what we expected, and completely life changing. We didn't proceed with the case thinking we would have the outcome we did, and almost didn't pursue the case. However, after spending my own money on copays, days off from work, take out, uber rides, babysitters, and special equipment, it just didn't feel right not to seek help and I am so glad that I did! I highly recommend Sally Morin Law!
Last year me and my partner was in a MC/Car accident. I was clueless on what rights we had and how to proceed with insurance claims etc. I contacted Sally Morin Personal Injury Lawyers, who guided us through the year long process in a very pedagogical manner, a lot of support, expertise and professionalism - answering any questions we had in a timely manner. Highly recommended, they made a painful experience very manageable. Thank you, Rebecca, Carmen, and Amber!
Posted on Yelp
Amy R.
Verified
I can't recommend Rebecca at Sally Morin Personal Injury Lawyers more highly. Rebecca is transparent, honest, and client-centered in a way that was completely different from the other firms I considered. Rebecca broke down what can feel like a very opaque process, and helped me understand my options in an approachable way. It was immediately clear that Rebecca's advice and guidance centered around my personal best interest, not what would make her firm the most money. Thanks Rebecca and team!
Posted on Yelp
Mike B.
Verified
I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn't just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!
Posted on Yelp
Shannon Y.
Verified
Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result
What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
Posted on Yelp
Dinora G.
Verified
I was very fortunate, and by pure luck, I found Sally Morin's firm on YELP. The firm wasn't recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive and very responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported and even after my case successfully settled, she followed up with me. Thank you Annie for your exceptional legal service.
Posted on Yelp
Phil M.
Verified
Rebecca and the team at Sally Morin are awesome, plain and simple! Honestly, they were the only legal representation that didn't make me feel slimy after the first conversation. I was thrilled to work with them on my injury case after realizing it was more than I could handle dealing directly with the other party's insurance myself. They advocated for me and my family, going into incredible detail and crafting a great strategy for what to do next. The end result was a pleasant surprise, far exceeding my expectations.
Rebecca and the team definitely earn their share by providing amazing value. They're also no-pressure, which was refreshing compared to other lawyers I contacted before choosing Sally Morin. Their priority was making sure I was always informed and knew exactly what was going on, every step of the way.
If something happens again, Rebecca and Sally Morin will be my first call--and I'm sure there will be a multitude of emails to follow! :P
Posted on Yelp
Steve M.
Verified
Attorneys Annie Levitt Heller and Carmen from Sally Morin Personal Injury Lawyers are the absolute best! They are dedicated, approachable and thorough in all their work. They provided the best possible outcome for my case (I was a pedestrian hit by a car in a crosswalk) and supportive every step of the way. I would absolutely recommend Sally Morin Personal Injury Lawyers to anyone Forever grateful to them!
Posted on Yelp
James Minh N.
Verified
My sister got in a car accident, was hit badly by another driver, became unconscious, and was immediately taken to hospital emergency with an internal brain bleeding thus could not defend herself. As a result, the police report had false information from the other driver and concluded my sister at fault. While other legal firms purposed disappeared after seeing at the police report and other driver's cheap insurance policy (not easy win), Sally Morin team with great heart and "no win, no pay" written clause took on the case and successfully reversed both insurance + police reports and won the case. My family is grateful to find Sally Morin firm and great team with legal expertise, experience, and most important great heart. Thank you very much.
Posted on Yelp
Tim K.
Verified
Unfortunately me and my mom were hit by another driver on the freeway. We ended up with hospital bills and a long road to recovery especially for my 85 yr old mother. This was such a tragedy and uncertain times for us not knowing where to turn and what to do about mounting bills while trying to get our lives in order. I contacted Sally and her wonderful team. Carmen one of her associates worked with me and my mom and handled everything. Carmen was awesome and such a caring lawyer as well. She keeps
It real and we loved that about her. When you need a personal injury attorney that will work on handling your case in every aspect, insurance claims, potential health liens and negotiating on your behalf then Sally Morin Personal Injury law firm is the one to contact. You can count on them. Carmen explained everything so we knew what we were in for and was trustworthy and honest. There is no way to state how invaluable and priceless it is knowing the law firm you hired has your back and can be trusted. I hope no one ever needs a personal Injury attorney because being injured is one of the worst things that can happen to you; your life changes in an instant after a bad accident. But having a law firm like Sally Morin with lawyers like Carmen make that terrible experience much better knowing they are there to handle every aspect of your case and do it so well. Thanks Carmen and team. Much appreciated!
Posted on Yelp
Stephan B.
Verified
I originally reached out to a different law firm to handle my personal injury case, but Sally Morin's team (Rebecca Taylor in particular) left such a good impression on me that I switched to them--and I'm glad I did! They were empathetic and professional, communicated early and often, and patiently walked me through every option. They did thorough research and handled so much on their end that I was able to focus on my recovery/work/life with minimal disruption. So I highly recommend this firm.
Posted on Yelp
Michele H.
Verified
Word cannot express the honesty from Annie at Sally Morin law . She is honest kind and to the point . If you want to get ripped off by shady humans don't hire Annie . If you want honest kind and attentive go with Annie at Sally Morin law . You will feel good about your choice . She is a firm advocate with insurance and health care . Annie and her team will be available to explain things all the way through . Her integrity is not matched in this field . I would hire again and again
Thanks Annie You made one of the most difficult times in my families life tolerable !
Your kindness and integrity are not matched in everyday life . Much less with personal injury lawyers thank you thank you
Michele Hargrove
About the author Sally Morin
When life throws you a curveball—a serious injury in a traffic accident—you need more than just a lawyer. View author bio
