It could happen that you are driving to work and another car crashes into your vehicle. While you are getting your mail, a neighbor’s dog could bite you. It could be a doctor that you trust, who gives you the wrong prescription and makes you very sick.
All personal injury cases will be different, but they will share some similarities. You should know the following before filing your claim.
Alle Fällen implizieren Negligence
For you to be able to file a claim, the incident must have involved negligence. You, as the plaintiff, have to prove that the other party is negligent and therefore liable for damages.
Most cases are settled outside of court
Most likely, you will not even need to go to trial. Negotiations are the first step and can take several rounds to reach an agreement. A personal injury attorney can also help you with mediation.
You shouldn’t expect an immediate settlement
Personal injury laws can be complex. Your case may not be settled for years if it takes months to collect all the necessary evidence. A lawyer will do all they can to move things along to ensure you get the compensation you deserve.
The value of your claim is determined by the injuries you have sustained
Settlement requests will be based on the type of injury and projected recovery time. Attorneys will usually wait until your medical treatment is complete and that your condition has stabilised before calculating the value of your claim.
Never sign anything without an attorney’s verification
It’s okay to feel satisfied with the offer from the insurance company, but it is important that you have an attorney review the contract before you sign. Insurance companies know most people do not consider the full extent of damages that they have suffered in a personal accident incident, beyond medical bills, lost income or property. The amount offered to you may be much lower than what you deserve.
You have a time limit to file
California personal injury victims must act fast to file their lawsuit before the deadline expires. You must file your claim within two years after your injury. The time will pass quickly, so it’s best to hire an attorney as soon as possible to make sure you get the compensation you deserve.
Keep Records of Everything
You should seek medical attention if you are injured. Your medical records will be examined by the courts to determine if you delayed seeking treatment for severe injuries. It is important to seek medical attention immediately so that your condition does not worsen. This also helps you document the incident.
You should also keep any subsequent appointment records, and listen to the medical professionals’ advice. Keep a record of all your expenses related to your injuries, write down your feelings and keep a journal. Also, put everything that is relevant to your personal injury incident into your file.
A lawyer can help you
You have a greater chance to recover more compensation with the help of an experienced San Jose personal injury lawyer than you would if you were on your own. It is because lawyers with experience know how much your claim is worth, and they can negotiate for it.
They will help you get compensation for medical expenses, property damage and lost income. Most attorneys offer free consultations. Meet with one to discuss your case.