Work Accident and Personal Injury lawyer in Orange County- Riverside County (including the Coachella Valley) - San Bernardino County - Los Angeles County
Helping you Through Personal Injury & Work Accidents
FREQUENTLY ASKED QUESTIONS
A personal injury claim generally starts by filing a claim with Insurance adjuster of the driver at
fault. If the case cannot be settled directly with the at fault driver’s insurance Adjuster, a
personal injury a summons and complaint is filed in the appropriate California court. The
complaint and summons is personally served on the at fault insured driver.
Take photos of your injuries; Visit a doctor if you haven’t already. If you have visited a doctor, follow their care plan and attend all follow-up appointments. Write down a narrative of what happened while it’s still fresh in your head. Make a list of witnesses and their contact information if you know it.
The vast majority of personal injury cases don’t goto trial. Most resolve by settlement before the trial date arrives. A case is most likely to go to trialwhen the facts are in dispute or when there’s a contested legal issue, and the court may rule either way.The more carefully you build your case, the more likely it is that you and the other party can agree on the strength of your evidence and reach an appropriate settlement. If your case is in the minority of cases that go to trial, your attorney can help prepare you for what to expect.
There’s no way to precisely value your claim, but you can guess the approximate value. The value of your claim includes your economic damages like costs for medical treatment, lost wages, paying for help you need around the home,
and physical therapy. You total these losses and then apply a multiplier of 1-1.5 for moderate injuries and up to 5 for severe cases to account for pain and suffering. You should also evaluate the defendant’s resources and their ability to pay.
You may have played a role in causing your injury. If that’s the case, you may still be able to recover using California Comparative Negligence law. As long as you’re not more to blame than the defendant, you can recover for a proportional share of what you would have recovered otherwise.
The shortest cases resolve in only a few weeks to a few months without Court litigation. Sometimes, your attorney can work directly with the other party or the insurance company to reach a swift resolution. In other cases, litigation can continue for a year or more.
A statute of limitations is the time limitation that you have to bring the case. For most personal injury cases, the period of limitation is two (2) years. You are within the time limit if you file even one day before the two year period of limitation expires.
Once you file the case, you serve the other side with a copy of the paperwork. You wait for them to file a answer. After that, you have time to build your case by contacting witnesses, gathering medical evidence, and even collecting evidence from the other party. You may participate in dispute resolution like mediation. If you resolve the case, you collect payment and the case is over. If your case goes to trial, your lawyer presents your case and asks the jury for a fair outcome.
Most personal injury attorneys want to work with you so that you can get justice through the legal system. Many California personal injury attorneys agree to work on your case with no money up front. If you succeed in your case, they take a percentage of your recovery for their services. They also deduct any costs that they paid up front so that you could proceed with the case. Your attorney should be happy to speak with you to make sure that you understand how they’re going to get paid. It’s important to ask any questions that you have so that you’re all on the same page.
Yes, California is a comparative negligence state. Because California is a comparative negligence state, you may still win some compensation even if you’re partially to blame for the accident. The amount that you recover is reduced by the percent that you’re at fault. Unless the parties reach an agreement, it’s up to the jury to decide who is to blame for the accident.
An insurance company has 30 days to investigate a claim and issue a decision. However, you may contest their decision if you disagree with it. If you’re in negotiations with the insurance company, it’s important to remember that you have only a limited amount of time to file a personal injury claim. The insurance company may try to delay negotiations in hopes that you miss the deadline to file a formal legal claim.
You maximize your injury settlement by carefully building strong evidence in your case. It’s essential to understand all of the categories of damages that apply and build the evidence of each category of loss that you’re claiming. It’s also important to carefully prepare court filings that comply with the law in your state. When the other side files court motions, you must respond aggressively and appropriately to maximize your injury settlement.
No, pain and suffering doesn’t include medical bills. But you have a right to claim full compensation for all of your medical bills as part of your injury case. In fact, your pain and suffering compensation is on top of and in addition to your compensation for medical bills.
Fair compensation for pain and suffering is proportional to your injuries. The more severe and permanent your injuries are from the accident, the higher your pain and suffering compensation must be to be fair. In a case with severe injuries and lifelong suffering, you may claim pain and suffering damages that are as much as five times or more of your amount of financial losses. In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your financial losses.
A personal injury is considered any injury that gives rise to legal liability of the responsible party. When one person gets hurt because another person
or company acts negligently, the victim has a personal injury. A personal injury accident is a type of accident that is a legal fault. The victim may bring a claim for financial compensation against the wrongdoer (Tortfeasor). The lawsuit is a civil lawsuit brought by the victim (Plaintiff). The victim/Plaintiff may receive financial compensation for their injury.
Yes, you can file a civil lawsuit without an attorney. However, if you bring your case on your own, you’re subject to the same standards as you would be if you had an attorney. You must follow the formalities for your case filing documents. The rules of discovery, admission of evidence, and civil procedure all apply to you. If you make a mistake, it may ruin your case even if you have a strong case. While you can file a civil lawsuit without an attorney; usually, your best bet to recover the maximum amount possible is working with an experienced attorney.