How Do I Find the Right Lawyer for My Case?
If you recently suffered injuries in an accident that resulted from another person’s carelessness or negligence, you might recover monetary damages for all of your accident-related losses. To increase your chances of recovering favorable monetary compensation in a personal injury claim or lawsuit, hire an excellent personal injury attorney to advocate for you at all times. Generally, the sooner you retain legal counsel to represent you in your case, the better your case will go.
However, not all personal injury attorneys in Orange County are the same. Some attorneys have more experience in the personal injury realm than others, and some lawyers simply get better results than others. Therefore, do your research when retaining legal counsel to represent you in your case.
A skilled personal injury lawyer can investigate your accident circumstances and determine your eligibility for filing a personal injury claim or lawsuit. If you move forward with a claim, your attorney can gather the necessary documents, file the appropriate claim with the insurance company on your behalf, and begin negotiating a fair settlement offer in your case.
If the insurance company does not compensate you favorably for your injuries, your attorney can file a lawsuit in court and work to pursue a favorable result at a civil jury trial or other litigation proceeding.
Your attorney will stand by your side each step of the way and can address all of your legal questions and concerns. Your attorney can also represent you at all legal proceedings in your personal injury case and work to secure the favorable monetary damages you need.
What Is a Personal Injury Claim?
A personal injury claim or lawsuit typically results from someone else’s negligent behavior. A negligent party acts unreasonably under the circumstances. Usually, this means that the at-fault individual or entity took action that a hypothetical reasonable person should not have taken in the same situation.
Alternatively, the negligent party might have failed to take action where a reasonable party should have acted under the circumstances.
For example, in the context of a car accident case, a driver is usually negligent when they fail to follow one or more traffic laws or regulations or they otherwise drive in a careless, distracted, or intoxicated manner under the circumstances.
In addition to classic car and truck accidents, personal injury cases may also arise from:
- Pedestrian accidents
- Bicycle accidents
- Motorcycle collisions
- Slip and fall accidents
- Premises accidents that result from negligent security
- Construction site accidents
- Electrocutions or explosions
- Workplace accidents
An excellent personal injury attorney in your area can review the specific facts and circumstances applicable to your case and determine if you can file a personal injury claim or lawsuit for monetary damages.
If you move forward with a claim, your attorney can gather the necessary supporting documents and submit those documents to the insurance company adjuster, usually for the at-fault party. Your attorney can then begin negotiating a fair settlement offer to compensate you for your injuries and other accident-related losses.
How do I Recover Favorable Damages in a Personal Injury Case?
To recover favorable monetary compensation in a personal injury claim or lawsuit, you, as the accident victim, must first establish your legal burden of proof by a preponderance of the evidence.
This standard means that it is more likely than not that the other party acted unreasonably and negligently, given the circumstances of your case, and that the accident (as well as your injuries) resulted directly from the other party’s unreasonable actions or inactions.
First, you must establish that the other individual or entity owed you a legal duty of care they subsequently violated. For example, when a driver operates their vehicle while under the influence of drugs or alcohol or they exhibit road rage, they deviate from the standard of reasonable care.
Next, you must show that your accident and injuries occurred as a direct result of the other party’s duty-of-care breach.
A knowledgeable personal injury attorney can help you prove the necessary legal components of your claim or lawsuit. Your attorney can do this by gathering the required documents and, if necessary, retaining one or more experts to testify on your behalf at a discovery deposition, civil jury trial, or arbitration proceeding.
For example, your attorney can retain a treating medical provider – or a medical specialist – to provide compelling witness testimony in your case. A medical provider can causally relate your injury or injuries directly to the subject accident and/or establish that you suffered one or more permanent injuries in your accident.
Your lawyer will know what to do when establishing your legal burden of proof and securing the favorable monetary award you deserve to recover through settlement or litigation.
How Can a Personal Injury Attorney Help Me With My Case?
An excellent personal injury attorney can be an invaluable help during every stage of your personal injury claim or lawsuit. First, a personal injury attorney can thoroughly investigate your accident circumstances and determine your eligibility for filing a claim in the first place.
Investigations are critical if the insurance company is disputing fault or liability for your accident. In that situation, your attorney can retain an accident reconstructionist who can visit the accident scene, review incident reports and police reports, review any available camera footage, and speak with witnesses about the accident.
The accident reconstructionist can then draft a statement describing how the accident likely happened and who caused the accident. Finally, an accident reconstructionist can authenticate their findings live in court on the witness stand.
Next, an excellent personal injury attorney will know how to gather essential evidence in your case. Important documents may include copies of incident reports and police reports, medical records, medical bills, injury photographs, property damage photographs, and video footage of the incident scene. Your attorney can then submit all these documents to the insurance company adjuster for their evaluation and review.
During settlement negotiations, your lawyer can also strongly advocate on your behalf. In many situations, insurance company adjusters make lowball offers to settle personal injury claims and lawsuits. After all, adjusters try to save their insurance companies as much money as possible.
A good lawyer will know the actual value of your personal injury claim and can advise you not to accept a settlement offer that significantly undervalues your injuries – and your case as a whole.
Your attorney can also represent you during all insurance company settlement negotiations by pointing out the favorable aspects of your case, including pertinent medical records and bills. Finally, if the insurance company does not offer you the fair monetary award you need, your attorney can file a lawsuit in court and litigate your case through the court system.
If litigation becomes a necessary step in your case, your attorney can assist you during every stage of the proceedings. Specifically, they can help you answer written discovery questions, called Interrogatories, from the defense attorney and prepare you for a discovery deposition in your case.
Your lawyer can also represent you at a civil jury trial or binding arbitration hearing, introduce supporting evidence on your behalf, make convincing arguments supporting your case, and work to secure the maximum compensation you deserve.
Deadline to File a Personal Injury Lawsuit
If you sustained injuries in an accident someone else caused, you should take the necessary legal steps, including retaining legal counsel, as quickly as possible after your accident.
Injured accident victims only have two years from their accident to file a lawsuit seeking damages in most states. If an accident victim waits too long to file their lawsuit in the court system, they cannot recover any monetary damages for their injuries. Therefore, retain a personal injury attorney to represent you quickly.
As soon as your attorney enters an appearance on your behalf, they may begin representing you and advocating for your legal interests. They can also protect and safeguard your legal rights as your case progresses.
Compensable Damages in a Personal Injury Case
Accident victims may stand to suffer severe injuries, depending upon the type of accident that occurs, the amount of force involved, and other accident-related circumstances.
Common injuries that accident victims sustain due to negligence may include:
- Soft tissue neck and back injuries
- Rib fractures
- Broken bones
- Open lacerations
- Road rash
- Eye injuries
- Breathing difficulties
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Internal organ damage
Accident victims who suffer any of these personal injuries may qualify for various monetary damages, depending upon the nature and extent of their injuries, the circumstances of their accident, and the total cost of their related medical treatment.
In general, accident victims may be eligible to recover monetary damages for:
- Related past and future medical expenses
- Mental anguish
- Past and future pain and suffering
- Lost earnings
- Loss of earning capacity
- Loss of life enjoyment
- Loss of the ability to use a body part
- Permanent disfigurement or disability
- Long-term care costs
- Loss of spousal companionship and consortium
An excellent personal injury attorney can efficiently evaluate your case and help you develop realistic expectations for its value. Your lawyer can then set about helping you recover the total monetary award you need for your accident-related losses.
Speak to a Personal Injury Attorney about Your Legal Matter Today
If you recently sustained injuries in an accident resulting from someone else’s negligence, you should immediately get the legal help you need. Insurance companies can be tricky, and since they are for-profit companies, they will always look for any reason not to pay victims the compensation they deserve.
The last thing you need is to deal with insurers that fight against your interests however possible. Fortunately, when you hire the right lawyer, they will manage all insurance communications and negotiations, so you never worry about saying or doing something to jeopardize your claim.
A top-rated Orange County law firm‘s attorney will be by your side at every stage of the proceedings, including in-court proceedings, advocating on your behalf and aggressively fighting for your legal rights. Throughout the entire process, your attorney will do everything they can to maximize the total monetary settlement or litigation result you receive in your case.