Personal Injury Lawyer

If you have been injured in an accident due to someone else’s negligence or carelessness, you may be entitled to compensation for your damages. However, navigating the legal process of pursuing a personal injury claim can be overwhelming and confusing, especially if you are also dealing with physical injuries and emotional trauma.

You’ll want to schedule a consultation with a personal injury attorney as soon as possible. During the consultation, you’ll have the opportunity to lay out the details of your case and determine if this is the right attorney for you. Be ready to provide a detailed account of the accident and your injuries, as this will help the attorney gauge the strength of your case and estimate potential damages. The attorney will ask you questions about your injuries, the circumstances of the accident, and any medical treatment you’ve received. They’ll also want to know about any insurance policies that may be involved.

Following the consultation the attorney will assess your case to determine whether or not they believe you have a strong case. They’ll consider things like the severity of your injuries, the cause of the accident, and whether or not there’s evidence to support your claim. If the attorney believes you have a strong case, they’ll likely offer to take your case on a contingency fee basis. There is no payment from the client at all and the attorney will only get paid if you win your case.

When you decide to hire an attorney the next step is for them to investigate your case thoroughly, which includes investigation, police reports, witness statements, medical records and more. They may also hire experts, such as accident reconstruction specialists or medical experts, to help build your case. The investigation process can take several months, depending on the complexity of your case.

After the investigation is complete, your attorney will begin negotiating with the insurance company or the other party’s attorney. Your attorney will present the evidence they’ve gathered to the insurance company or the other party’s lawyer and argue for the compensation you deserve. Your attorney will keep you informed throughout the negotiation process and will seek your approval before accepting any settlement offers.

In the event that your lawyer is successful in negotiating a settlement that meets your satisfaction, your case can be resolved without the need for a trial. It is important to note that the settlement process may span across several months and you will most likely be required to sign a release form which will prohibit you from pursuing any further legal action regarding the accident.

If negotiations fail to reach a settlement that adequately compensates you for your injuries, the next step may be to file a lawsuit and take your case to court. Your attorney will represent you in court, presenting evidence and arguing your case to a judge and jury.

Working with a personal injury attorney can be a lengthy process, but it’s often worth it to get the compensation you deserve. Remember, the right attorney can make all the difference in securing the compensation you deserve. By understanding what to expect from the process, you can make an informed and feel more confident about the process of hiring a personal injury attorney.

Providing Legal Support

One of the primary ways an injury attorney can help you navigate the legal system is by providing legal advice. An injury attorney can explain your legal rights and advise you on the best action. They will also help you understand the legal process and what you should expect throughout the process.

Investigating the Accident

While you are recovering physically and emotionally from an accident, an injury attorney can negotiate directly with insurance companies on your behalf. As insurance companies will often try to settle claims quickly and for less than they are worth, while an injury attorney helps to ensure that you receive fair compensation for your losses. This includes medical bills, lost wages, and compensation for pain and suffering. Additionally, injury attorneys can head negotiations with your insurance if the insurance company denies your claim or offers an inadequate settlement. An injury attorney will handle all of this for you so that you can focus on getting better as quickly as possible.

Representing You in Court

A personal injury attorney can represent you if your case goes to court instead of being settled out of court. They can prepare and file all the necessary legal documents, present the court with evidence in your favor, and argue on your behalf. A personal injury attorney can also cross-examine witnesses and argue against the other party’s attorney. The role of a personal injury attorney in your trial is to ensure that you receive both a fair trial and fair compensation for your injuries and damages.

Provide Emotional Support

Dealing with an injury is stressful and can be an emotional time for you or a loved one. An injury attorney is there to provide emotional support throughout the legal process. A personal injury attorney will listen to your concerns, answer questions you may have about the legal process, and offer guidance and support throughout the case. An injury attorney is there to help you understand what you should expect while providing reassurance that they will do everything possible to ensure you receive fair compensation.

Do Not Settle Your Case Without a Personal Injury Lawyer

Many times an insurance provider and the defendant will offer the victim a fast and easy settlement offer to avoid a lengthy court process. However, the initial offer may not fully reflect the total value of your medical bills or the damage to your vehicle. While you may not know just how much your settlement should be, an experienced personal injury lawyer can help you decide if the offer is enough or if you should hold out for more money.

Unexpected Long Term Medical Bills

Sometimes car accident victims may not be aware of the full extent of their injuries until long after their accident occurred. If you accept a settlement for a low amount and then find out that you require surgery or will have long term medical issues due to the accident, it is likely you will end up paying for your own medical care.

Unable to Pursue Additional Damages

After you agree to sign a settlement offer, you may give up your right to seek compensation for future damages that are related to the accident. By talking to your personal injury lawyer, or having the present when you sign the agreement, they can help you assess your case and let you know if they think you could seek additional financial compensation in the future.

Why is it Important to Consult with a Personal Injury Lawyer?

Consulting with a personal injury lawyer before you sign any type of agreement can help you determine if the offer is substantial enough to take care of your injuries or damages. A lawyer can provide you with his experienced opinion and offer invaluable advice on what your next steps should be. They will recommend the best course of action for your case based on their knowledge in the field. It’s important to realize how risky it can be to sign a settlement agreement without a lawyer present.. It may seem like a good idea at first but, over time, you may end up paying for the damage caused by the accident out of your own pocket. Make sure you receive the justice and compensation you deserve when injured in an accident by seeking legal counsel from our team of personal injury experts. Contact us today for more information.

In 1992 Stella Liebeck spilled hot coffee on her lap at a McDonald’s drive-thru, causing severe burns. Liebeck sued McDonald’s for negligence, arguing that the coffee was unreasonably hot and that the fast-food chain had failed to provide adequate warnings about the temperature. The case went to trial, and a jury awarded Liebeck $2.7 million in punitive damages. The case received widespread media attention and has since become a famous example of a personal injury lawsuit.

Breakdown of legal Terms:

Negligence is the usually at issue in most personal injury cases. It refers to the failure of a person or company to exercise reasonable care in a given situation, which results in harm to another person. To win a personal injury case, you must prove that the defendant was negligent and that their negligence caused your injuries. In other words, you must show that the defendant owed you a duty of care, that they breached that duty, and that their breach caused your injuries.
Duty of care is a legal obligation to take reasonable care to prevent harm to others. In personal injury cases, it refers to the duty that a person or company owes to others to act reasonably in order to prevent injury. For example, a doctor owes a duty of care to their patients to provide competent medical treatment.
Breach: The second element of negligence is proving that the defendant breached their duty of care. This means that the defendant failed to act with reasonable care and, as a result, caused harm to the injured person. McDonald’s breached its duty of care by serving unreasonably hot coffee. The temperature of the coffee was significantly higher than industry standards and had caused numerous other burns to customers before Liebeck’s incident.
Causation: The third element of negligence is establishing that the defendant’s breach of duty caused the injuries sustained by the injured person. This means that the injured person must prove that the injuries would not have occurred but for the defendant’s breach of duty. McDonald’s breach of duty caused Liebeck’s injuries. She would not have suffered severe burns if the coffee had been served at a reasonable temperature.
Damages refer to the financial compensation awarded to a plaintiff in a personal injury case. They can include economic damages (such as medical bills and lost wages) and non-economic damages (such as pain and suffering). The purpose of damages is to compensate the plaintiff for the harm they have suffered as a result of the defendant’s negligence.
The statute of limitations is the time limit within which a personal injury claim must be filed. If you do not file a lawsuit before the statute runs, you probably lose your right to seek damages. The statute of limitations varies depending on the state and the type of claim, so it’s important to consult with an experienced personal injury attorney to determine the applicable time limit in your case.
Contributory negligence is a legal theory that can limit or prevent a plaintiff from recovering damages if they were partially responsible for their own injuries. Under this theory, if the plaintiff contributed to their own injuries in any way, they may be barred from recovering any compensation. Contributory negligence is a harsh doctrine that is only followed in a few states.
Comparative negligence is a legal theory that apportions fault between the plaintiff and defendant in a personal injury case. Under this theory, the plaintiff’s damages are reduced by the percentage of fault they contributed to their own injuries. For example, if the plaintiff was 25% at fault for their injuries and the defendant was 75% at fault, the plaintiff’s damages would be reduced by 25%.
Strict liability is a legal theory that holds defendants responsible for injuries even if they did not act negligently or intend to cause harm. This theory typically applies in cases involving defective products or dangerous activities. Under strict liability, the plaintiff does not need to prove that the defendant was negligent or intended to cause harm, but only that the defendant’s actions caused their injuries.
Mediation is a process by which the parties in a personal injury case attempt to reach a settlement through negotiations facilitated by a neutral third party. Mediation is often a faster and less expensive alternative to a trial, and can help the parties avoid the uncertainty and expense of going to court.

Understanding Insurance Coverages

Personal injury cases can result in significant medical bills, lost wages, and other expenses. It’s essential to understand the different types of insurance coverage that may apply to your case, as this can impact your ability to recover compensation for your injuries. Here are the different types of insurance coverage that may apply to personal injury cases:

Auto Insurance Coverage is designed to provide coverage for accidents involving motor vehicles, including cars, trucks, and motorcycles. If you are injured in an auto accident, the at-fault driver’s insurance policy may provide coverage for your injuries. In most cases, the at-fault driver’s liability insurance will cover your medical expenses, lost wages, and other damages up to the policy limits.
Uninsured Motorist: However, if the at-fault driver does not have enough insurance coverage to pay for your damages, or if they do not have insurance at all, you may need to rely on your own auto insurance policy. In such cases, your uninsured or underinsured motorist coverage can provide additional protection and compensation for your injuries. In some situations, your own auto insurance policy may also provide coverage for your injuries, even if you were not driving your car at the time of the accident. For example, if you were a pedestrian or a passenger in someone else’s car, your own auto insurance policy may provide coverage for your injuries.
Homeowner’s Insurance Coverage: If you are injured on someone else’s property, such as in a slip and fall accident, the property owner’s homeowner’s insurance policy may provide coverage for your injuries. Homeowner’s insurance policies typically include liability coverage, which can provide compensation for medical expenses, lost wages, and other damages. In order to recover compensation under the property owner’s homeowner’s insurance policy, you will need to prove that the property owner was negligent in some way. For example, you may need to show that the property owner failed to maintain their property in a safe condition, which resulted in your injuries.
Medical Payment Coverage is a type of insurance coverage that can provide reimbursement for medical expenses related to a personal injury. This coverage is typically included in auto insurance policies and homeowner’s insurance policies. Medical payment coverage can provide immediate reimbursement for medical expenses, regardless of who was at fault for the injury. This can be helpful in situations where you need medical treatment right away but are still waiting for a determination of fault.
Umbrella Insurance Coverage is a type of insurance coverage that provides additional liability protection beyond the limits of your other insurance policies. If you are involved in a personal injury case and your other insurance policies do not provide enough coverage to pay for your damages, your umbrella insurance policy may provide additional protection and compensation. Umbrella insurance policies are typically purchased as an add-on to other insurance policies, such as auto insurance or homeowner’s insurance. They can provide additional peace of mind and protection in case of a catastrophic personal injury.

Filing a Legal Complaint

When you proceed with a personal injury lawsuit, the next step is to file a complaint with the court. The complaint is a legal document that outlines your case’s details, including the accident’s circumstances, the injuries you sustained, and the damages you seek. The complaint is usually filed in the court where the accident occurred or where the defendant resides.

Discovery

Discovery is the process of exchanging information between the parties involved in the lawsuit. This includes documents, witness statements, and other evidence that may be relevant to the case. Discovery can be a lengthy process, and both sides are required to be truthful and transparent during this phase. Once the other party has responded to lawsuit discovery, your injury attorney will usually employ a deposition.

Deposition

Depositions demand the appearance of a person or witness, including expert witnesses, to appear and testify and have their testimony recorded by the court. Your injury lawyer can question key witnesses and record their testimony through a deposition. This allows your injury attorney to create an air-tight case for you at the time of the trial of your case.

Trial

If the parties do not settle the case, then it will proceed to trial. During the trial, each side will present evidence and argue their case before a judge or jury. The judge or jury will then decide based on the evidence presented and all applicable laws.

Appeals

If one party is unhappy with the trial’s outcome, they may choose to appeal the decision. An appeal involves reviewing the legal process and the evidence presented during the trial to determine if there were any errors or violations of the law. If the appeal is successful, the case may be retried or settled out of court.

Great results at trial

A personal injury trial is nothing to be afraid of. Our attorneys have won many trials and have received great settlements for our clients.

Jury Selection

The first stage of a personal injury trial is jury selection. The judge will call a panel of potential jurors, and both the plaintiff and the defendant’s attorneys will have the opportunity to question them. The goal is to identify potential jurors who are impartial and can be fair to both sides.

Opening Statements

After the jury is selected each attorney starts with an opening statement. Both sides will have an opportunity to address the jury and outline their arguments. The plaintiff’s attorney will explain why the defendant is responsible for the client’s injuries, while the defendant’s attorney will argue that their client is not liable.

Presentation of Evidence

The presentation of evidence is the heart of the trial. Both sides will call witnesses to testify and present evidence to support their arguments. The plaintiff’s attorney will present evidence to demonstrate that the defendant is responsible for the client’s injuries, while the defendant’s attorney will present evidence to disprove the plaintiff’s claims.

Cross-Examination

Once witnesses are called to testify, both attorneys have the opportunity to cross-examine them. Cross-examination is a critical stage of the trial, as it allows attorneys to challenge witness testimony and poke holes in the opposition’s case.

Closing Arguments

After all evidence has been presented, both sides will have the opportunity to make closing arguments. This is the final stage of the trial before the jury deliberates. The plaintiff’s attorney will summarize the evidence presented and explain why the defendant is responsible for the client’s injuries. The defendant’s attorney will argue that their client is not liable and that the plaintiff has not met the burden of proof.

Jury Deliberation and Verdict

The jury will then deliberate and reach a verdict. They will review the evidence and arguments presented by both sides before making their decision. Once the verdict is reached, the judge will read it aloud in court.

Opposing Counsel Tactics

Opposing counsel will use a variety of tactics during a personal injury trial to discredit the plaintiff’s case. One of the most common tactics is to argue that the plaintiff was partially responsible for his injuries. This is known as comparative negligence, and it can reduce the amount of damages awarded to the plaintiff. Opposing counsel may also challenge the credibility of the plaintiff’s witnesses or attempt to exclude evidence that supports the plaintiff’s case. They may also argue that the plaintiff’s injuries were not as severe as claimed or that they were caused by a pre-existing condition. It is essential for clients to be aware of these tactics and to work closely with their attorney to prepare a strong case. Clients should be prepared to testify and provide evidence to support their claims. They should also be aware that the trial process can be lengthy and emotionally taxing.

Types of Evidence in Personal Injury Cases

There are many different types of evidence that can be used in personal injury cases. Some of the most common types of evidence include:

Witness Statements: Statements from witnesses who saw the accident or incident in question can be very powerful evidence. Witnesses can provide detailed descriptions of what happened, and can help establish who was at fault for the incident.
Medical Records: Medical records can be used to document injuries sustained as a result of the accident. These records can include x-rays, MRIs, and other diagnostic tests, as well as medical bills and other documentation related to treatment.
Photographs and Video: Photographs and video can provide visual evidence of the scene of the accident, as well as any injuries sustained by the victim. This type of evidence can be particularly powerful, as it can help the jury or judge understand the severity of the situation.
Police Reports: Police reports can provide valuable information about the incident, including the cause of the accident and any traffic violations that may have been committed. Police reports can also establish who was at fault for the accident.
Expert Testimony: Expert witnesses can provide specialized knowledge and expertise related to the case. For example, a medical expert may be called upon to testify about the severity of the victim’s injuries, or an accident reconstruction expert may be used to help establish who was at fault for the incident.

The Importance of Gathering and Presenting Evidence

In order to build a strong case, it is essential to gather and present evidence that supports your claims. This requires careful planning and organization, as well as a thorough understanding of the legal process. One of the most important things to keep in mind when gathering evidence is the importance of preserving evidence as soon as possible. This means taking photographs of the scene of the accident, preserving any physical evidence that may be relevant to the case, and obtaining witness statements as soon as possible. The longer you wait to gather evidence, the more difficult it can be to establish liability and damages. Another important consideration when presenting evidence is the importance of credibility. It is essential to present evidence in a clear and concise manner, and to ensure that all evidence presented is accurate and truthful. This requires careful preparation, as well as a thorough understanding of the legal process and the rules of evidence. Finally, it is important to remember that the burden of proof in a personal injury case rests with the plaintiff. This means that it is up to the plaintiff to establish liability and damages, and to present evidence to support their claims. This requires a thorough understanding of the legal process, as well as a strong commitment to building a strong and compelling case.

Statistics of Personal Injuries in the United States

Here are some general statistics on personal injuries each year in the US, you may find these shocking:

5 million personal injury cases require medical treatment
Unintentional injuries cause on average 58,500 deaths each year
Over 2.2 million people were injured in car accidents in 2020
Over 38,000 people died from car accidents in 2021.

Personal Injury Claims in California

In California, personal injury claims are governed by state law, which is based mostly on the common law principles of negligence and strict liability. California law requires that plaintiffs in personal injury cases prove four elements of negligence: duty, breach of duty, causation, and damages. In addition, California has several statutes that may apply in personal injury cases, including laws governing medical malpractice, product liability, and premises liability.

According to data from the California Department of Justice, personal injury claims are quite common in the state. In 2019, there were over 84,000 personal injury claims filed in California, with the majority of these cases involving motor vehicle accidents.

Conclusion

Navigating the legal system is a challenging and stressful experience, especially when dealing with an injury. An experienced personal injury attorney can help you navigate the legal system and ensure that you receive fair compensation for your losses. They can provide legal advice, investigate the accident, negotiate with insurance companies, be your representative in court, and even provide you with emotional support through the legal process. If you or a loved one has been injured due to someone else’s negligence, hiring an injury attorney to help you navigate the legal system and obtain the compensation you deserve is essential.