While nobody expects to find themselves hurt, mishaps and accidents resulting in severe injuries and even death are not uncommon. Although most of these accidents are unexpected, most of them are preventable and tend to be caused by the wrongful, careless, or negligent acts of others. Consulting with a San Bernardino personal injury lawyer
In addition to dealing with the pain, suffering, and stress caused by your injuries, you’ll also have to worry about the medical bills as well your financial future. Your troubles are compounded by the fact that you might not be able to go back to work for an unspecified period. Luckily, the state of California enforces Personal Injury Law, meant to monetary compensate people who have sustained injuries or incurred losses due to the acts of other parties.
If you or a family member has been injured due to the negligent or careless acts of another party, you may qualify for compensation through filing a personal injury lawsuit. However, given the complex nature of these claims, it is advisable to seek professional legal representation. At Crockett Law Group, we understand what you’re going through and what has to be done to seek justice and fair compensation. Get in touch by calling (800) 900-9393 and learn more about how we can assist.
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What Should You Do Following an Injury?
What you do right after an accident will play a role in determining whether you get compensated or not. That said, here’s what you should do following an accident:
Seek Medical Assistance
Following an accident, it’s important to seek medical attention even if you don’t feel injured. It’s important to have the injuries documented by a licensed practitioner, to not only determine hidden internal injuries but also help keep a record of the treatments.
Take Photos & Videos if Possible
If possible, take both photos and videos of the scene, injuries, and damages. This will help in validating your claim.
Collect Names and Contact Information of any Witnesses
Speak to any available witnesses and take their contact information. This will make it easier for your lawyer to track them down the line.
Report the Accident
Make sure that you report the accident to the relevant authorities. If you’re looking at a workplace accident, make sure you notify your employer or supervisor within a month.
Don’t Admit Fault
Avoid apologizing or admitting fault, even if you feel responsible for the incident. Note that fault for a personal injury accident is determined after a comprehensive investigation and the last thing you want is to jeopardize your case.
Call a Personal Injury Attorney!
It’s vital that you consult a personal injury lawyer as soon as possible following the accident. An experienced lawyer will help you file your case properly and ensure your rights are protected. Also, the other party will take your claim more seriously when you have a lawyer acting on your behalf.
Why Hire an Attorney?
Hiring an attorney provides the best chances of success in your personal injury case. An ideal lawyer will be able to help in the following ways:
Case Preparation and Filing a Lawsuit
After reaching out to Crockett Law Group, our team of professionals will get started by conducting a comprehensive investigation and garnering all the necessary evidence to build a strong case. Our lawyers will be able to calculate the value of your claim and establish liability and fault by working with other specialists and experts.
Before your claim goes to court, the lawyer will attempt to reach a fair settlement agreement with the party at fault or the insurance company. Crockett Law Group lawyers have vast experience in negotiation deals and once we know how much your claim is worth, we will work to ensure you don’t get anything less than what you deserve.
Trial Preparation and Representation
If you are unable to reach a fair agreement for the settlement, your lawyer will proceed to take your case to court. They will prepare properly for trial by making sure they have all the necessary evidence to back your claim. Your lawyer will aggressively fight for your rights and interests and work hard to ensure a favorable result.
How is Personal Injury Liability Determined in California?
All personal injury cases in the state of California are governed by the law of negligence. For the party at fault to be deemed responsible for the losses and injuries sustained, you need to prove negligence as per the following aspects:
Duty of Care
You need to show that the defendant owed you a reasonable duty of care in the situation that led to the accident.
Breach of Duty of Care
You also need to show that the accused breached or violated the duty of care. This can be through doing or failure act where a reasonable individual would have done otherwise.
You need to show that the accused party’s breach of duty of care resulted in the losses and injuries and not another act.
Finally, you need to show that the defendant’s carelessness, negligence, or wrongdoings led to losses or damages.
What Types of Damages Can You Recover?
In the State of California, personal injury law allows you to recover the following damages:
Economic damages or special damages refer to the monetary losses experienced as a result of injury. These include medical bills, loss of earning capacity, lost wages, cost of repairs, etc.
These damages compensate you for the intangible and unverifiable losses experienced due to the injuries. Examples include emotional distress, loss of companionship, pain, and suffering.
These are rarely awarded, and come up during cases where the party at fault was grossly negligent, or acted maliciously, leading to severe injuries or death. Punitive damages are meant to discourage the public from engaging in such behavior.
How Much Time Do I Have to File a Personal Injury Claim in California?
The statute of limitations for personal injury claims in the state of California is 2 years from the date of the accident. Failure to file a lawsuit within this period will strip you of your rights to seek compensation or sue the party at fault.
Personal Injury Claims Process in California
The details of a personal injury claim may vary, but the general process is usually as follows:
- Meet with your lawyer. Even if you think your case is simple, it’s best to consult a lawyer and ask any questions you may have. A good attorney will give you advice and if they accept your representation, they will handle the rest of the process.
- Next, the attorney will send an official notification letter to the insurer, informing them of your intent to file a claim. They will then send a reservation of rights letter, acknowledging your notice and that they investigate the claim.
- Next, the attorney will start garnering evidence and information relevant to the incident. This includes reviewing your medical history and records, speaking to the authorities and the witnesses.
- The following step is usually negotiations, where you and the insurance company try to reach a fair settlement. Your lawyer will handle this for you, and they may go back and forth with the insurer a number of times.
- After the negotiations, you will get a settlement agreed upon by both parties. If you do not come to an agreement, then the claim will go to trial, where the judge or jury will determine the party at fault and damages recoverable.
How Much Will a San Bernadino Personal Injury Attorney Cost?
At Crockett Law Group, we handle all personal injury claims on a contingency basis. This means you won’t have to pay a cent upfront and are only required to pay an agreed-upon percentage after you win.
Types of Personal Injury Cases We Handle at Crockett Law Firm
Car accidents are common and very dangerous. They can take a toll on the mental, physical and financial well-being of you and your loved ones, leaving you in a devastating position. Fortunately, you can seek compensation by hiring us.
Hire a Professional Personal Injury Lawyer Today!
Sustaining injuries and losses due to an accident caused by another party can be devastating. So, protect your rights today by getting in touch with the Crockett Law Group in San Bernardino by calling (800) 900-9393 today!