How to Get Compensation After an Accident

If you have been injured in a car accident, slip and fall, or other incident in California, you may be entitled to compensation — including medical expenses, lost wages, and pain and suffering. But in the chaos and stress that follows an accident, many victims are unsure what to do or what the process looks like from start to finish. This guide walks you through every step, from the accident scene to the day you receive your settlement check, so you can understand your rights and make informed decisions.

Every case is different. The following is a general overview of the personal injury claims process in California. Specific steps and timelines may vary depending on the facts of your case.

Step 1: Ensure Safety and Seek Medical Attention

Your first priority after any accident is safety — yours and others’. If the situation is serious, call 911 immediately. Move vehicles to a safe location if you can do so safely, turn on hazard lights, and check for injuries.

Even if you feel “fine” at the scene, seek a medical evaluation as soon as possible. Many common injuries — including concussions, whiplash, soft tissue damage, and internal bleeding — may not produce noticeable symptoms for hours or even days after the accident. Adrenaline can mask pain at the scene.

Prompt medical attention creates a documented link between the accident and your injuries. This record is essential during the claims process. If you delay treatment, the insurer may argue that your injuries were not caused by the accident or were not serious.

Step 2: Document the Scene

If you are physically able, gather as much evidence as possible at the scene. The more documentation you have, the stronger your position will be later.

Evidence to collect includes:

• Photos and video — capture vehicle damage, road conditions, traffic signals, weather, skid marks, debris, and visible injuries
• Witness contact information — names, phone numbers, and email addresses. Witness testimony can be decisive in fault disputes
• Other driver’s information — name, license number, insurance company and policy number, license plate
• Police report — if officers respond, get the report number. A traffic collision report (CHP 555) creates an official record and often includes the officer’s preliminary fault assessment

Important: Do NOT admit fault or apologize at the scene. Even a polite “I’m sorry” can be used against you during the claims process. Stick to basic facts.

Step 3: Notify Your Insurance Company

After an accident, you generally need to notify your own insurance company promptly. Most policies require policyholders to report accidents within a reasonable time, and failure to do so may affect your coverage.

When reporting to your own insurer:

• Stick to basic facts — date, location, vehicles involved, whether injuries occurred
• Do not speculate about fault — let the investigation determine responsibility
• Do not exaggerate or minimize injuries — describe your symptoms and medical treatment accurately

Regarding the other party’s insurer: If the at-fault driver’s insurance company contacts you, do not give a recorded statement, sign any documents, or accept any settlement before consulting an attorney. The other insurer’s adjuster is working to minimize the payout, not to protect your interests.

Step 4: Consult a Personal Injury Attorney

In California, most personal injury attorneys offer a free initial consultation. During the consultation, the attorney will evaluate the facts of your case, provide a preliminary assessment of your claim’s value, and explain next steps. There is generally no upfront cost to you.

Personal injury attorneys typically work on a contingency fee basis, meaning the attorney only gets paid if they successfully recover compensation for you. If there is no recovery, you generally owe no attorney’s fee. This arrangement makes legal representation accessible regardless of your financial situation.

The value of early attorney involvement includes:

• Accurately evaluating your claim — avoiding a quick settlement far below fair value
• Handling all communications with insurers — protecting your statements from being used against you
• Preserving critical evidence — including sending preservation letters to prevent video and electronic data from being deleted or overwritten
• Coordinating your medical treatment — ensuring your treatment records fully support your claim

Step 5: Treatment and Documentation

Once your attorney is involved, your primary focus should remain on your recovery. Follow your doctor’s treatment plan — attend all scheduled appointments, complete prescribed physical therapy or rehabilitation, and take medications as directed. The completeness of your treatment records directly affects your compensation.

You should track and preserve:

• All medical bills and receipts — ER visits, hospitalization, surgery, physical therapy, prescriptions, medical equipment, etc.
• Transportation costs to appointments — gas, parking, public transit, and even rideshare fares
• Evidence of lost wages — employer statements, pay stubs, tax returns
• Impact on daily life — document activities you can no longer do, household limitations, sleep disruption, emotional effects

If you do not have health insurance, a medical lien may be an option. Under a lien arrangement, a medical provider agrees to treat you now and receive payment from your eventual settlement or verdict. Your attorney can help coordinate this arrangement.

A gap in treatment is one of the most common arguments insurers use against claimants. If there is a significant period without medical visits in your records, the insurer may argue that your injuries are not serious or have resolved. Maintain continuity of care.

Step 6: Your Attorney Sends a Demand Letter

Once you reach maximum medical improvement (MMI) — the point at which your doctor determines your condition has stabilized and is unlikely to improve significantly with further treatment — your attorney will calculate your total damages and prepare a demand letter.

A demand letter typically includes:

• A description of the accident and the other party’s liability
• A detailed summary of your injuries and medical treatment
• A specific dollar amount for all economic losses
• A claim for non-economic damages such as pain and suffering
• Relevant legal authorities supporting the claim

Under California Civil Code §3333, damages recoverable in a personal injury claim may include:

• Medical expenses — both past and future anticipated treatment
• Lost wages — income lost during the period you could not work
• Loss of earning capacity — if the injury permanently affects your ability to work
• Pain and suffering — both physical pain and emotional distress
• Loss of enjoyment of life — inability to engage in activities you previously enjoyed
• Property damage — vehicle repair or replacement costs

Step 7: Negotiation and Settlement

After receiving the demand letter, the insurer typically responds with a counter-offer. This initial counter-offer is almost always lower than your demand — that is standard practice in the insurance industry.

What follows is a back-and-forth negotiation. Your attorney will negotiate with the insurance adjuster through multiple rounds, discussing the appropriate compensation amount. This process may take weeks to months.

During negotiations, your attorney may:

• Submit additional medical records and expert opinions to support the claim
• Provide rebuttal evidence against the insurer’s challenges
• Reference settlements or verdicts from comparable cases
• Communicate willingness to file suit if necessary

Most personal injury cases settle at this stage. The vast majority of California personal injury claims are resolved through out-of-court settlement. However, if the insurer refuses to offer fair compensation, your attorney may recommend filing a lawsuit.

Step 8: Filing a Lawsuit If Necessary

If negotiations fail to produce a fair settlement, your attorney may file a civil lawsuit in court. Pay particular attention to these critical deadlines:

• General personal injury: 2 years from the date of injury (CCP §335.1)
• Claims against government entities: An administrative claim must be filed within 6 months of the incident (Government Code §911.2)
• Wrongful death: 2 years from the date of death (CCP §335.1)

Filing a lawsuit does not mean going to trial. In fact, many cases settle during the litigation process. Litigation may include:

• Discovery — both sides exchange documents, evidence, and information
• Depositions — sworn oral testimony from parties and witnesses
• Mediation — a neutral mediator helps both sides reach an agreement
• Settlement conferences — settlement discussions overseen by a judge

Litigation increases the insurer’s costs and uncertainty, so in many cases, the act of filing suit itself can motivate a more reasonable settlement offer.

Step 9: Distribution of Settlement or Verdict Funds

When a case resolves through settlement or court verdict, the funds generally do not go directly to you in full. The distribution typically follows this process:

• Attorney’s fees — deducted from the total recovery according to the contingency fee agreement
• Litigation costs — court filing fees, expert witness fees, medical record retrieval costs, etc.
• Medical liens and outstanding bills — if medical providers hold liens, those are paid from the settlement
• Health insurance subrogation — if your health insurer paid for related treatment, they may have a right to reimbursement from the settlement
• The remaining balance goes to you — the net settlement amount after all deductions

Your attorney should provide a clear settlement statement detailing every deduction and the final amount paid to you. If you have questions about any deduction, ask your attorney to explain each item.

In some cases, your attorney may be able to negotiate a reduction in lien amounts with medical providers, increasing your net recovery.