If you are the victim of an accident caused by negligence, you have a legal right to file a lawsuit for monetary compensation. You may have lost your job due to an injury resulting in an extreme physical handicap or a traumatic brain injury.
Losing a job due to an accident means that you no longer have income to pay medical bills, the mortgage or even food. You can receive help if it turns out that you have a valid lawsuit against the negligent party. However, a personal injury lawyer first needs to determine whether you have a legitimate case.
A complimentary consultation with an experienced personal injury lawyer will help you understand the specific circumstances pertaining to your case. Due to statute of limitations in your state, it is imperative that you file a lawsuit soon after the accident takes place. If you procrastinate, you may forfeit the right to receive any monetary compensation.
Whether your accident was caused by a vehicle, a physician’s error, a faulty product or any other type of negligence, you must determine the extent of your injury. Once you learn the value of your physical and emotional damages, an attorney can help you create a winning case.
Facts about Personal Injury Lawsuits
Being involved in an accident does not necessarily imply that you have a personal injury. You can have an accident that is not caused by negligence. A personal injury only pertains to accidents strictly caused by negligence. When another person or business is responsible for a major injury, you have several options. One option is to file an insurance claim.
Although an insurance agent may eventually offer you monetary compensation for your injury, insurance is not the only solution. In fact, filing an insurance claim is only the first step. You also need to find out if you have a lawsuit. If you win a legal claim, you have a chance to receive a much greater reward than the amount of money offered by an insurance agency.
A Few Words about Negligence
When another person or product is responsible for your injury, negligence automatically applies. Carelessness is grounds for a legal claim against a negligent party. Negligence covers a variety of situations.
For instance, a store that does not maintain its parking lot is guilty of negligence if a customer is injured in the parking lot. An employee who does not dry a wet floor is negligent if a customer slips and falls.
Fault is ultimately determined during the legal process. First, a personal injury attorney evaluates the extent of injuries and negligent acts. Next, the two parties conduct a series of informal discussions. A mediator may or may not intervene. A court trial may or may not occur. A good attorney settles out of court so that you can receive compensation without the need to have a trial.
Types of Personal Injury Claims
- Automobile or Truck AccidentIf you are involved in an accident caused by an automobile or truck driver, you may have a legitimate reason to sue the driver. If the driver works for a company, you can also file a lawsuit against the business.
- Dog BiteIf a dog bites you, the owner is liable for any injuries you incur.
- Medical MalpracticeIf a surgeon makes a mistake resulting in an injury, you may have a medical malpractice claim against the physician and the hospital.
- Wrongful DeathIf you die because of negligence, your family has the right to sue the guilty party in a wrongful death lawsuit.
- Elder AbuseIf you are a senior over the age of 65, you may have an elder abuse claim against a physically or emotionally abusive person.
- Slip and Fall InjuryIf you slip and fall in a store, on the pavement or in another person’s backyard, you need to speak with a personal injury lawyer about whether you are entitled to receive monetary compensation for damages.
- Assault and BatteryIf a person intentionally attacks you, speak with a personal injury attorney about your legal rights.
- Product LiabilityYou may have a product liability claim if you incur an injury caused by a defective or harmful product.
It is important to remember that negligence is the key to determining whether you have a legal claim against another person or business. Your personal injury attorney must determine whether the opposing party is guilty of negligence.
Actions you Need to Take to Prove Negligence
- If you are in an accident, promptly seek medical care at the nearest emergency room. The hospital staff will document your injury. Documentation is an important part in proving negligence.
- It is helpful to take photographs or videos of the accident site and of your injuries.
- Try to find out the name, telephone number and physical address of the negligent party.
- Ask the negligent party for insurance documentation.
- Write down the names, phone numbers and addresses of all witnesses.
- Fill out an official police report. Your personal injury lawyer can use the report as proof that the accident took place.
A Brief Explanation of a Typical Personal Injury Case
If you have a successful personal injury claim, your attorney may reach a settlement agreement with the opposing party. The negligent party will compensate you for damages. Once a settlement agreement occurs, you are not required to appear in court before a judge or jury. Instead, the negligent party must award you with the settlement amount.
The Rule of Causation
When you collaborate with a personal injury lawyer, you will have the ability to determine whether the opposing party actually caused the accident and resulting injury. Furthermore, you can find out if the accident was due to negligence or another reason.
Work with a knowledgeable attorney for the best results. Contact Sylmar Valley accident lawyers now to find out whether you have a legitimate personal injury case. Remember that you do not pay any money for your initial consultation.
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If you or a loved one has been injured, you will want a top rated Beverly Hills personal injury attorney that understands how to get the maximum compensation you deserve. Our pledge is to be your partner, and provide passionate, yet skillful legal representation needed to win your case. Contact our highly trained personal injury lawyers today for a free case evaluation.