How Will My Claim Be Processed?

Tue, 29 May 2007 21:19:00 GMT

If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss verification and the like in an effort to verify your damages. The insurance company may make you an offer to settle the claim. You may find the offer acceptable and once you accept it, the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit. Be careful when dealing with the other party's insurance company because they may try to rush you into a settlement before you can adequately evaluate the extent of your damages. If you are in an automobile accident with an uninsured driver who is at fault, the uninsured motorist provisions of your own policy will apply.

You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your injuries. Accurate records should be kept of time you missed from work, medical bills, and property damage repairs. You can document your damages with photographs of your injuries or photos of property damage.

After a lawsuit has been filed, both parties will conduct discovery. Pretrial discovery usually takes about a full year during which time both parties investigate all aspects of the claim. This may include taking oral depositions, obtaining pertinent records, propounding interrogatories, and hiring expert witnesses to obtain more evidence about the claim. During this period of discovery and as the trial date approaches, the parties will exchange settlement offers/demands. A large majority of personal injury claims settle before trial. If you agree to accept a settlement, you will be required to sign an agreement stating you absolve the other party of all further liability in this case.

How Can I Determine How Much My Claim Is Worth?

Tue, 29 May 2007 21:19:00 GMT

For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. If you were partially at fault for the accident, the amount of damages will be reduced proportionately. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, preexisting injuries, and prior claims history.

Considerable compensation may be commanded if your injuries are severe requiring extensive medical treatment, absences from work and permanent injuries. This is especially true if you were a healthy, productive, young worker prior to the accident. That is because an important factor in the value of your claim is the difference between your quality of life before the accident as compared to after the accident.

How Do I Decide If I Need To Hire An Attorney?

Tue, 29 May 2007 21:19:00 GMT

There are situations where an attorney is unnecessary, such as very small cases. Small claims court in California will handle claims up to $5000. If your injury is a minor one that will not result in any incapacity, or substantial medical care, then you may want to settle it yourself in small claims court.

An attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, an attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met. Also of note is the fact that statistics show insurance companies pay more than twice as much compensation when an attorney is involved in your claim.

How Long Do I Have To Hire An Attorney?

Tue, 29 May 2007 21:19:00 GMT

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In California, an action for injury or death caused by the wrongful act or neglect of another must be filed within one year of the date of injury or when a person discovers an injury has occurred. The discovery rule provides that a suspicion of wrongdoing, coupled with knowledge of the harm and its cause will commence the limitation period.

In certain special instances, the limitation period may be tolled. If the claimant is under the age of majority or insane, the time of the disability is not part of the one year time limit. If a claimant is imprisoned, the time of that disability is not part of the limitation period, not to exceed two years.

Where a government entity is involved as a defendant, a claim must be filed with that government agency within six months.

How Much Will An Attorney Cost?

Tue, 29 May 2007 21:19:00 GMT

Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. Contingency fees average between 25 and 40 percent. Most attorneys charge a smaller percentage if the case is settled before the attorney does all the work necessary to go to trial. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. The attorney's out of pocket costs are in many cases not included in the attorney's fees. You should be sure to pay attention to how an attorney will bill you for costs because they can amount to quite a significant sum.

I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?

Tue, 29 May 2007 21:19:00 GMT

You can make a claim against another party if they are at fault for your injuries. In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. "Personal injury" is a term that encompasses claims by individuals for damages to their health, emotional wellbeing and reputation. You are entitled to compensation for your injuries if it is found that a defendant was negligent and that such negligence was a cause of your injury. California follows a pure comparative negligence rule: a claimant's negligence reduces his recovery but will never bar recovery. A claimant's negligence diminishes his recovery by his percentage of fault.

Whether or not you are entitled to compensation may depend on the type of accident that caused the injury.

For example, workplace injuries generally are covered by worker's compensation benefits, which compensate for medical expenses, lost wages, and impairments, without regard to fault by anyone. A claim can be made if the accident was caused by someone other than the employer or a coworker.

Generally, people who operate motor vehicles must exercise reasonable care under the circumstances. Failure to use reasonable care is the basis for most lawsuits for damages caused by an automobile accident. In these cases, proof of fault is often contested and requires thorough investigation. A driver may also be liable for an accident caused by intentional or reckless conduct. A reckless driver is one who drives unsafely, with willful disregard for the probability that the driving may cause an accident.

If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be found liable. You will need to prove that the injury was caused by an unsafe condition that the owner should have known of and corrected before the accident. In a typical slip and fall accident, the injured person must show that the person responsible for the premises was negligent in the design, construction or maintenance of the property. The standard of care a property owner owes to a trespasser is usually less than that owed to a person who has permission to be on the property.

Claims for injuries caused by an unsafe condition on public property are subject to strict claims requirements and liability is only established in certain circumstances. For lawsuits brought against public entities, there are statutes which often require lawsuits be brought within a very short period of time, and only after written notice of the injury has been given to the government.

Injury can result from defective products, as well. When a company designs and manufactures a product, they have a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured. In a product injury case, you do not have to prove the manufacturer was negligent. You only have to prove that the product was defective or that the manufacturer did not provide sufficient warning of potential risks or fail to provide adequate instructions. This concept is called strict product liability. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store.

Injuries can occur in many other situations as well as those outlined above. Once again, you may have a claim if someone else was more at fault for your injury than you are.

Who Is Responsible When A Person Is Injured?

Tue, 29 May 2007 21:19:00 GMT

The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes all types of injuries to people and their property. There are a number of principles that apply to the law of torts and personal injury. These principles recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.

The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their action or the actions of others under their control, do not cause anyone harm. If they fall below that standard, and someone is injured or their property damaged, then they become negligent. Negligence does not mean that the person deliberately intended to cause harm; it only means that they did not take reasonable care or they did not act when any reasonable person would have. The degree of care varies with the circumstances of each case. A plaintiff likewise has a duty to exercise reasonable care under the circumstances on his own behalf.

Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective when it left the hands of the particular seller and that was the proximate cause of the injuries. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store.

An "intentional tort" refers to a personal injury caused by a person who has the intent to cause harm. It may also refer to injury caused by willful or reckless conduct. Intentional torts include assault and battery, intentional infliction of emotional distress, libel and slander, etc.

There may be more than one cause of an injury. When the negligent conduct of two or more persons or negligent acts and a defective product contributes concurrently as causes of an injury, the conduct of each is a cause of the injury regardless of the extent to which each contributes to the injury. It is not a defense that the wrongful act of a person not joined as a party was also a cause of the injury.

Free Assault and Battery FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Assault and Battery FAQs

Free Benzene Exposure FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Benzene Exposure FAQs

Free Car Accident FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Car Accident FAQs

Free Defamation of Character FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Defamation of Character FAQs

Free Dog Bite FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Dog Bite FAQs

Free Legal Terms FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Legal Terms FAQs

Free Medical Negligence FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Medical Negligence FAQs

Free Mold FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Mold FAQs

Free Personal Injury Claims and Lawsuits FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Personal Injury Claims and Lawsuits FAQs

Free Product Liability FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Product Liability FAQs

Free SUV Rollovers FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free SUV Rollovers FAQs

Free Slip and Fall FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Slip and Fall FAQs

Free Taser Guns FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Taser Guns FAQs

Free Toxic Torts FAQs

Sun, 29 Nov 2009 02:00:39 GMT

Free Toxic Torts FAQs