Skip to content


What to Expect When Filing a Personal Injury Claim

Filing a personal injury claim can be daunting for many individuals. From filing the claim all the way to the potential trial, understanding what to expect every step of the way can give you the peace of mind you deserve.

When you need to take legal action against a negligent party, it’s important for you to know what to expect. Here are some of the things you should know:

#1. Filing the Lawsuit

Filing the lawsuit comes after your initial claim is denied by the insurance company. You need specific evidence before moving forward.

#2. The Potential Motion to Dismiss

In some situations, the insurance company may file a motion to dismiss. The court can decide to approve this motion, or deny it, sending the case into the next part of the process.

#3. Discovery

During discovery, both parties present evidence to prove fault. This includes photos, documents, and witnesses. Both sides can ask questions to help aid in determining liability.

#4. The Settlement Offer

If you can present significant evidence during discovery to prove liability, the insurance company may offer a settlement. It’s important to make a decision with your attorney as you may be entitled to more than being offered.

#5. Going to Trial

If you decide to deny the settlement offer, your case may go to trial. Your evidence will be displayed to a jury of your peers who will decide if you receive compensation.

When you need to file a personal injury lawsuit and you’re not sure what comes next, having a San Jose personal injury attorney can be extremely helpful. At Caputo & Van Der Walde, we provide the knowledgeable and skilled representation you need.