Frequently Asked Questions

Even though you do not seem injured at the time, you might still have a lawsuit to bring. The natural reaction to a traumatic scenario, such as an accident, can send an adrenaline rush throughout the body, momentarily reducing pain sensations. Later on, you may have severe pain or experience additional symptoms. Even if you're not experiencing immediate, intense pain, you should see a doctor because many of the most severe conditions develop over time.

This isn't a choice you must make by yourself. Schedule a free appointment with an attorney to go over your issue exhaustively. Depending on the details of the accident as well as the statutes in the state, your lawyer will be capable of telling you who you may take legal action against and how much you can hope to receive. If somebody acted negligently in that situation and caused your damages, you would be eligible to bring a case against them. However, implementing this rule is more difficult than it appears. That's why you should get legal advice.

The claimant bears the burden of proof throughout every personal injury claim to show that these aspects exist:

• Duty.
• Breach.
• Damages.
• Foreseeability.
• Causation.

Everybody owes reasonable care to those around them, regardless of whether they are fellow motorists, cyclists, pedestrians, customers in retail stores, patients in a doctor-patient partnership, or anybody else.
This implies that you have a responsibility to act or refrain from acting in a particular manner to avoid harming others. When a defendant violates his or her duty of care and causes injuries in a reasonably predictable manner, he or she could be charged with negligence.

The time between obtaining your settlement and collecting your check shouldn't be too long. Most insurance companies prefer to close off their case records as quickly as possible, so the check will be sent out in a week or so after the settlement contract is signed. The timing could be affected by the insurer's decision to release the check.

If you have hired an attorney, they will prepare a settlement statement after you have received the check. This will reflect the entire sum of money obtained after deducting your attorney's fee, legal expenses, insurance reimbursements, as well as any other relevant deductions. The attorney can mail you a check for the balance after you evaluate and approve the settlement statement.

Only a small percentage of personal injury lawsuits get to trial. The vast majority of cases result in a deal with the accused or with an insurer. Sadly, the amount of time it takes to negotiate a settlement is difficult to estimate and could vary greatly.

A claim involving serious injuries or a large sum of compensation will, on average, take much longer to resolve since the insurers will fight harder for the settlement. A settlement could take more time if the lawsuit is complicated or liability issues are disputed. Having legal counsel by your side will persuade insurers to make reasonable offers, knowing that they will be less inclined to exploit you.

Most personal injury attorneys work on a contingency basis. That means that when you secure your settlement or your compensation award, you'll owe your attorney a portion of the entire sum. Lawyers don't get paid a set amount, although it's normally approximately 33% of whatever you collect. You will not have to pay legal expenses if the case is lost or if you receive nothing.

There may be upfront costs as well. If your attorney needs to engage expert testimony or when the case demands travel, you may be accountable for those fees.

If you accept a retainer contract with an attorney, make sure to review the fine print. Based on the scale of your lawsuit, the accused, and the possibility of triumph, there may be some room for bargaining. Don't be scared to address any concerns you might have before you consent to the retainer.

First and foremost, we want to be certain you're safe. Even though you might feel fine, seek emergency care immediately. You could be suffering from a delayed-onset injury. Speak to your physician about all of your concerns, regardless of how small they are, and give heed to their recommendations. Consulting with your doctor not only safeguards your wellbeing but also generates proof of your injuries that can be used to back up your personal injury lawsuit.

Then, begin gathering proof. Take photos of the accident scene and save any items that were damaged in the crash. Obtain the names as well as contact details of any potential eyewitnesses. Call law enforcement to have the accident scene investigated. Ensure you also get a copy of the report.

Even though it appears to be the proper thing to do, you shouldn't accept blame or make an apology to anybody else involved. Whatever you say after the accident has occurred can be used against you in court when you file a claim or file a lawsuit. If you believe somebody else is to blame, you should schedule an appointment with a lawyer to explore your alternatives. The initial consultation is often free.

Don't ever receive a settlement agreement from an insurer without first consulting with your attorney. Your claim will be finalized once you accept the insurance provider's money; you cannot request more money even when you find out that the cost of your damage is higher than what the insurance company offered you. And that is why they frequently make "lowball" deals in an attempt to persuade afflicted people to settle their claims for far less than what they are worth.

A qualified lawyer can thoroughly research your case and determine that the full value is significantly larger than the sum initially offered by the insurance provider.

Compensatory damages are the most common type of damage, which is further split into monetary and non-monetary damages. Economic compensatory damages are "impartially quantifiable financial losses," as described by California statute (California Civil Code 1431.2). In other words, they are damages that can be calculated, measured, and linked to a financial amount, including:

• Ambulance fees, medical fees, surgeries, prescriptions, medical equipment, physiotherapy, assisted living, and other hospital expenses.

• Income lost as a result of being incapable of working longer hours as a result of your injury.

• If your injuries prevent you from earning money in the future, you will have lost earning capability.

• Domestic help like babysitting, mowing the lawn, repairs, and cleaning.

• If you need to switch occupations as a result of your accident, you may be eligible for vocational rehabilitation.

• Damage to property.

Non-economic losses are personal losses that do not have any financial value. These are, but aren't limited to:

• Suffering and pain, as well as emotional and psychological distress.

• Loss of consortium, which is lost affection, friendship, love, and care felt by relatives, as well as the lost intimacy as well as the capacity to have babies with one's partner or spouse, is referred to as loss of consortium.

• Loss of social interaction and companionship.

• Humiliation and damage to one's reputation.

Compensatory damages have to be logically measurable to be granted.

You may be entitled to obtain punitive damages on top of compensatory damages if the accused has acted exceedingly egregiously. These are intended to penalize the offender and deter such behavior in the future. Punitive damages are infrequently granted, but they could be huge. However, there are legal constraints on how much they can exceed compensatory damages.

You may still be able to seek compensation from the party who caused the accident. Your damages could be lowered to account for your pre-existing ailment, but you could hold someone else responsible if the condition worsens. Consulting with an attorney is essential. This is because most cases are complicated and demand expert knowledge.

California follows pure comparative negligence laws when it comes to car accidents. In the event of an accident, pure comparative negligence allows the court to grant damages to many victims depending on the respective culpability of each person involved. The plaintiff and the defendant are only responsible for their respective percentages of liability.

This implies that you can pursue and potentially obtain damages even if you're partially to blame for an accident. The "pure" element of California’s statute means that a person can still collect compensation even though he or she was 99 percent culpable for the accident.

In jurisdictions that have amended comparative negligence statutes, there is a specific proportion of fault (usually 50% to 51%) that when reached indicates the party will receive no compensation. California's regulations are more lenient, allowing a plaintiff to be compensated for any amount of fault that is below 100%.

In states where contributory negligence statutes apply, a negligent entity is barred from recovering even though he or she is just 1% to blame for the accident. The court lowers each entity's damages by the degree of fault that he or she bears.

When there are several claimants in a lawsuit, some states hold each defendant accountable for the entire share of culpability if you are unable to recover from each of the accused persons. Because the regulations on this subject are complex and state-specific, you should get advice from a lawyer.

A release is an official paper that you must sign to receive the settlement proceeds. In essence, it states that you are waiving all legal actions against the accused and their insurers arising from the accident.
You ought to be informed that the settlement release normally covers lawsuits against any prospective defendant, such as a person who was not part of the lawsuit, as well as any accused person whom you brought legal action against or who made a settlement. If you're married, you might have to have your partner sign the settlement release as well.

This will be determined by your state's statute of limitations. A personal injury case in California will need to be submitted within two years since the accident happened. To ensure that you do not inadvertently give up your rights, look up the rules in your jurisdiction. You should make every effort to file a claim quickly while the proof is still fresh. This will assist you in establishing culpability and the extent of your injuries.

It will depend on the extent of your damages and can only be determined after a thorough investigation of your situation. You can get an approximate estimate from personal injury lawyers in your region based on comparable cases they've handled.

However, any estimates you might get will almost certainly be unclear. Another consideration will be how much you can recover, which could be determined by circumstances like any other at-fault party's insurance, their possessions, or your insurance.

You might get a call from another driver's insurer after your car accident, irrespective of how obvious it is that the other motorist was to blame. Even if you are to blame, the other motorist's insurance provider may still get in touch with you. In either case, the details you give to the other motorist's auto insurance provider must be carefully considered.

You aren't compelled by law to talk with the agent of the other insurance provider. Speaking with your insurer after your car accident, on the other hand, is a different scenario altogether. Now you have to decide whether or not you should communicate with the other motorist's insurance provider. The answer to this is more complicated and will be determined by the circumstances of the accident.

Sometimes, it would be a good idea not to talk to an insurance adjuster who is representing the other party in the lawsuit. They might seem nice and compassionate, but they're almost certainly trying to persuade you to make assertions that will minimize or erase their insured's responsibility. Ask the insurance agent to call your lawyer if you have one, or your insurer if you don't. If a lawyer representing the other party contacts you, the same rules will apply.

It would be a wise option to talk to their other insurance carrier when another motorist was plainly at fault but declined to talk to or misled their insurance provider.

In that instance, the other insurer may not know who is to blame and will likely be unaware of the value of your accident injuries or car damage. If you do not talk with the other motorist's insurer, it could be a long wait before you receive a settlement payout from them, if you receive one at all.

Picking an attorney, like selecting a physician or psychologist, is a personal decision. You should feel safe sharing personal details with your attorney and trust that he or she will be your most powerful aid and fight for what you need to recoup.

You can compare prices to find the best deal. That is one approach, but it's not necessarily the best. Oftentimes, like with many things, you will get what you paid for. However, you need to hire an attorney who has experience defending and handling lawsuits that are similar to yours.