If you have been injured in an accident and intend to file a personal injury claim, it’s important that you provide legal notice to anyone who you believe could have been at fault. You do not need to know who was at fault immediately — just who might have been.
There is also no need to provide potential defendants with information about the extent of your injuries or the types of treatment you needed. Simply let them know there was an accident at a specific place and time, along with the fact that you were injured.
Determining potential responsible parties
To determine who could be responsible for your accident, consider the circumstances involved. In a car accident, you should always get the information of all drivers involved. If there were multiple vehicles, simply send notice if your injury to all the other drivers for whom you have information. If the individual was a commercial driver for a company or agency, send notice to that company or agency, as well.
Drafting your notification letter
After you have determined the potentially responsible parties, write letters to each of them to inform them of the accident. You might need to send more than one letter. If the accident occurred on the grounds of a business, for example, you might need to send one letter to the business and another to the person or entity that owns the property.
Even if other parties have told you they will notify their insurance companies, it is important to write and submit this letter of notification. Do not delay in doing so, either — while there is no legal guideline for the number of days you have to submit such a letter, it is always best to get started as early as possible.
Finally, remember that this notification letter does not obligate you to follow through with a lawsuit. It just prevents the defendant from being able to claim they were unfairly surprised by the lawsuit if you do file it.
For more information on the process of notifying potentially responsible parties of your injuries, speak with a trusted San Diego personal injury lawyer at Thorsnes Bartolotta McGuire.