Personal Injury
How Do I Know If I Have A Valid Personal Injury Case?
Whether you have a personal injury case depends on the facts and circumstances of your situation.
If someone else negligently or intentionally caused you harm, you likely have a claim.
Some examples include:
- A distracted driver rear-ended you, causing whiplash
- A negligent property owner knew of a hazard and failed to warn you or fix it, causing a back injury
- Your spouse was killed when a drunk driver ran a stoplight
- A rideshare driver drove aggressively and caused a collision
- There are many other scenarios where you may have a valid personal injury case. We’ll evaluate your situation and give you honest legal advice. Contact our firm to see how we can help.
What Kind Of Damages Can I Recover After An Accident?
If someone else’s negligence injured you, you could get compensation for economic and non-economic damages.
Economic damages cover your financial losses, including:
- Past and future medical bills
- Out-of-pocket costs
- Lost wages
- Loss of future earning potential
- Property damage
Non-economic damages cover your personal losses that are more difficult to value, including:
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Physical disfigurement and scarring
Punitive damages may be available in limited scenarios, such as when the defendant acted maliciously. These are intended to punish thedefendant and deter others from engaging in similar conduct.
How Much Would My Personal Injury Case Be Worth?
Several factors will affect the value of your case, including:
- The severity and extent of your injuries
- Whether your injuries affect your ability to work
- The current and future expenses you incur due to the accident
- The parties involved in the accident
- Whether you are liable for the incident
- How your injury affects your quality of life now and in the future
- The pain and suffering you endured
Generally, the more serious your injuries, the higher the value of your claim. You can easily show proof by presenting invoices, billing statements, and receipts.
However, valuing non-economic losses can be challenging, and other people legally responsible will push back.
We will calculate the value of your claim to ensure you receive the money you need.
What Should I Do After An Accident?
The immediate aftermath of an accident can heavily impact how the subsequent legal proceedings work out.
Here’s what you should do after an accident:
- Receive Medical Attention. This is important whether or not you are in physical pain. Sometimes, injuries that are not apparent at the scene of the accident show up later. Medical attention is important for your health and for documentation to use as evidence.
- Do Not Accept Blame. You should not accept accountability for the accident, whether by spoken word or by writing. Accepting blame could bar you from receiving some or all of your compensation.
- Report the Accident. This is generally required by law. Call 911 or inform the appropriate authorities that an accident has occurred.
- Remain at the Scene. Leaving the scene could work against you, even if you are not at fault for the accident.
Your actions after the accident can make the difference between a successful and unsuccessful claim. Hiring a personal injury lawyer can help you maximize your compensation. Reach out to us for a free consultation.
How Much Does It Cost To Hire A Personal Injury Lawyer?
Nothing upfront. Most personal injury attorneys utilize contingency fees. Under this arrangement, you do not pay for an attorney’s services unless they recover compensation.
The attorney’s payment will be a percentage of the client’s settlement or verdict, typically between 33% and 40%. The percentage will depend on your situation, the attorney’s skill, and the area you live.
A contingency fee minimizes the risk and costs of legal services for accident victims, who are usually struggling with many financial burdens, including medical treatment expenses, lost income, and more.
Contingency fees ensure injured people can obtain legal representation when they might not be able to afford it otherwise.
Moreover, most lawyers offer free consultations to prospective clients. Therefore, it costs almost nothing to hire a lawyer upfront.
How Long Do I Have To File A Personal Injury Lawsuit?
In California, you have two years to file most personal injury claims from the accident date. This is known as thestatute of limitations, the period from the accident date to when legal action must be taken.
If you miss the deadline that applies to your situation, you will not be able to get compensation.
Insurance agencies will try to delay negotiations so that you cannot meet your deadline. We are fierce negotiators, but will ensure that we timely file a lawsuit if the insurer fails to negotiate a fair settlement.
Is It Possible That My Personal Injury Case Will Go To Trial?
The majority of injury cases settle. The injury victim and their attorney will negotiate a fair award that compensates the victim for the accident.
However, not all injury cases are settled.
An insurance provider may deny the claim or accuse the accident victim. You may need to takeyour case to trial if this happens to you.
Personal injury lawsuits are not uncommon. If the defendant refuses to settle, initiating a lawsuit may be the only way to recover compensation. This may even encourage the insurer to settle your case at a later date, after you have collected and proffered evidence showing that the defendant is at fault.
How Do I Prove Negligence In My Personal Injury Case?
Negligence is composed of four elements. You must prove each element by a preponderance of the evidence to receive money for your personal injury claim.
- Duty of care: You have to show that a party owed you a duty of care arising from law or relationship. An example of duty would be the duty a doctor owes their patient or the duty a motorist owes to others on the road.
- Breach of duty: You must show that the party breached the duty. You will show breach by demonstrating that an individual failed to act reasonably under the circumstances that led to your catastrophic injury. Typically, a reasonable person would avoid causing harm. A breach might include a driver texting while driving or a store owner failing to clean up a spill.
- Causation: You must show that someone else caused your accident. You must show that your injuries were a foreseeable result of their conduct and that they would not have happened “but for” the party’s conduct.
- Damages: You have to prove the damages you experienced due to the accident. If you cannot prove negligence, you cannot win.
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