If you’ve been injured because of another party’s wrongful or negligent behavior, you shouldn’t try to handle your case on your own. Instead, you’ll want the support of a Victorville personal injury lawyer that can create a compelling case for you. If you need an experienced attorney, you can rely on the Crockett Law Group. We’ve helped many clients win large awards, which is why you can trust us to fight for you. Call our personal injury firm in Victorville today at (800) 900-9393 for a free case review. 
Table of Contents
What Should I Do After an Injury?
It can be difficult to think straight after an injury. You may be dealing with pain, confusion, and high levels of stress. In spite of that, it’s important to remember that the actions you take after an accident can have a direct impact on your personal injury case. Try not to panic and follow these simple steps:Seek Medical Treatment
You should always get medical attention after an injury, even if your injury doesn’t seem to be that serious. Bring up all of the symptoms you’re experiencing to the provider treating you, even if they seem minor. Make sure you save all records of treatment.Take Photos and Video
It can be difficult to prove that you were injured due to someone else’s negligence if you don’t have evidence to support your claim. That’s why you should try to take photos and even capture video footage after the accident. If you take clear pictures, you’ll be able to show what lead to your accident.Collect Contact Information from Witnesses
Ask anyone that witnessed your accident for their name and phone number. Witnesses can help to support your side of the story and may even be able to provide new information that supports your case.Report the Incident
All accidents should be reported to the proper authorities as soon as possible. If you’ve been involved in a vehicle accident, you’ll need to call the police and file an accident report. Injuries that took place on someone else’s property should be reported to the property owner or manager. Reporting an accident is a way to prove that the incident happened.Don’t Admit Fault
You need to be cautious about what you say after an accident. Say as little as possible about your case, even when talking to friends and co-workers. If you admit fault, it can weaken your claim and make it harder for you to recover damages.Call a Personal Injury Lawyer!
The sooner you retain an experienced personal injury attorney, the better. When you have a lawyer, you have an expert on your side. You’ll be able to avoid common missteps and get the compensation you’re owed as soon as possible.Why Do I Need a Lawyer?
It’s possible to handle a personal injury case on your own, but it may not be your best option. Doing things yourself could result in a longer claims process and a lower settlement. In some cases, you may not receive any compensation at all. Working with an attorney is the best way to make sure that your claim is handled correctly. On top of that, a lawyer can provide valuable services and support. Your attorney can assist you with:Case Preparation
To build a strong personal injury case, it’s necessary to investigate the case, gather evidence, and determine the value of your claim. An attorney will prepare a strong case so that you’re ready for settlement negotiations or trial. Your lawyer may even be able to hire expert witnesses that can support your claim.Filing a Lawsuit
To file a claim, it’s necessary to complete the right paperwork and meet deadlines. While it can be difficult to file claims when you’re recovering from an injury, an attorney can make sure that everything is handled properly. Your lawyer will formalize allegations, provide detailed information about damages, and will ensure that your case is ready to present to a judge.
Settlement Negotiation
Litigation is expensive, which is why most cases are settled out of court. Your attorney can present a settlement demand to the insurance company of the at-fault party, which can begin informal negotiations. If possible, your lawyer will secure a settlement for you.Trial Preparation & Representation
If you’re not offered a fair settlement, your lawyer may prepare to take your case to trial. Your attorney will ensure that all of your evidence is in order and provide copies of that evidence to the defendant. If the trial moves forward, your attorney can present your case before a judge or jury. Pursuing a personal injury claim can be overwhelming. Insurance companies often have large legal teams, which is why you won’t want to handle your case on your own. Not only will working with an attorney increase your chances of a favorable outcome, but it will ensure that you have plenty of support as you fight to recover damages.What Type of Damages Can I Recover?
Personal injury law is intended to restore victims to where they were before the injury occurred. While it isn’t always possible to fully recover from an injury, damages can help to compensate you for the losses that you’ve incurred. Compensatory damages are intended to repay you for losses that are directly related to your injury. There are two different types of compensatory damages: economic and non-economic damages.Economic Damages
Also referred to as “special damages,” these damages compensate you for verifiable monetary losses. Examples of economic damages include:- Medical expenses
- Lost wages
- Property loss
- Out-of-pocket expenses related to your injury
Non-Economic Damages
Also known as “general damages,” these damages provide compensation for subjective losses. Examples of non-economic damages include:- Pain & suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Punitive Damages
California also has another category of damages known as exemplary damages. Although these damages are awarded to the victim, they’re intended to punish the defendant of a case. These damages are also referred to as punitive damages. Punitive damages are only awarded when the at-fault party showed extreme recklessness or negligence. In California, courts must consider three factors when deciding if punitive damages should be awarded. These factors are:- If the defendant’s behavior involved malice, oppression, or fraud
- The finances of the defendant
- The compensatory damages awarded to and harm suffered by the plaintiff
How Is Liability Determined?
Legally speaking, liability means that a party is accountable for an accident or injury. California is a fault state, and because of that, the party responsible for an incident is liable for damages. There are four elements of negligence that are considered when deciding liability.Duty of Care
People are expected to take reasonable steps to avoid causing injury to others. While all adults have a duty of care, those in certain positions or professions may have a higher duty of care. To prove negligence, it’s necessary to show that the defendant owed a duty of care to the plaintiff.Breach of Duty of Care
When a person does not show a reasonable standard of care, they have breached that duty. Examples of duty of care breaches include violating traffic laws, failing to fix hazards on a property, or selling a product that has dangerous design flaws.Causation
After showing that there was a duty of care and that the duty was breached, it’s necessary to show that the breach directly caused an injury. You must demonstrate that the injury would not have occurred if the defendant had upheld their duty of care.Damages
You must show that the injury caused by the duty of care caused you to suffer damages. These damages could include medical expenses, lost wages, and pain and suffering. There are pure comparative negligence laws in California. These laws permit injured parties to collect damages even if they are partially at fault for an accident. Unlike in states with modified comparative negligence laws, the amount of fault is not capped. Someone can recover damages even if they hold 99% fault for their injury. However, the amount awarded to the plaintiff will be reduced by their percentage of fault. If someone is awarded $100,000 in a personal injury case, and that person holds 10% of the fault for their injury, they would be awarded $90,000. To ensure that your claim is properly negotiated, you’ll want to work with an attorney that is familiar with California’s comparative negligence laws.How Much Time Do I Have to File a Personal Injury Claim in California?
There is a two-year time limit for most types of personal injury claims. The clock begins to run on this deadline on the date of the accident or injury. Claims that are not filed within the statute of limitations will typically be dismissed. Some types of claims have a more limited time frame. If you are filing a claim against a city or state government agency, an administrative claim must be filed within six months. If your claim is denied, you have another six months to file a claim in court. If the agency fails to respond to your claim, you can file a claim in court within two years of the date of your injury. Although there are some exceptions to the statute of limitations, it is rare for the court to extend this time limit. Because of this, victims shouldn’t wait until after they have recovered to take action. Instead, it’s best to contact a Victorville personal injury lawyer immediately.
Personal Injury Claims Process
If you’re considering filing a claim, you’ll want to schedule a meeting with a personal injury lawyer. Attorneys typically offer free consultations, which means you can find out more about your options without taking on legal expenses. This is an opportunity for you to ask questions and see if the lawyer believes that you have a strong case. Your lawyer will represent your interests through all stages personal injury claims process.Letter to Insurance Company
If the lawyer agrees to represent you, the next step of the process will be to send a letter to the insurance company informing them of your intent to file a claim. The company will acknowledge your letter by sending a reservation of rights letter. After that, the insurance company will begin investigating your claim.Investigation
During this time, your lawyer will also investigate your case and collect evidence that supports your claim. This process will include reviewing medical records, speaking with witnesses, and reviewing any other available evidence. This will help your attorney to determine who is at fault and calculate the damages that you’ve sustained.Demand Letter
When your attorney has completed their investigation, they will send a demand letter to both the at-fault party and their insurance company. This letter will include a list of damages, as well as the compensation that you are asking for. Your lawyer may wait until you have reached the point of maximum medical improvement, which means you have reached the point where further treatment will not help you recover from your injury.Settlement Negotiations
After you’ve submitted your letter, it’s likely that the insurance company will make you a counteroffer. During this stage of the process, your lawyer will negotiate with the insurance company. If the company offers a settlement that your attorney believes is sufficient, your lawyer will talk with you to see if you want to accept the settlement.Litigation
If the insurance company does not agree to a suitable settlement, you have the right to take your case to trial. Litigation can be expensive, and it can also increase the amount of time it will take for you to receive your settlement. You’ll want to keep these things in mind when deciding whether you’d like to accept an offered settlement.How Much Will a Victorville Personal Injury Lawyer Cost?
Expenses can quickly pile up after an injury. You may be concerned that hiring a lawyer is another expense that you won’t be able to afford. If you’re worried about the cost of hiring an attorney, you’ll be glad to know that Crockett Law Group works on contingency. This means that you won’t owe anything until after you’ve received a settlement. When you enter into a contingency fee agreement with a lawyer, the attorney agrees to accept a specific percentage of the amount you are awarded. If you are not awarded damages, you will not owe anything. Contingency fee agreements can make it easier to manage legal costs, and they also motivate lawyers to secure the largest possible settlements for their clients.Types of Personal Injury Cases We Handle at Crockett Law
Crocket Law has extensive experience with personal injury law and handles a wide variety of cases. The types of cases that we handle include:Car Accidents
Every day, there are thousands of people involved in car accidents. Many of these accidents are caused by negligent behavior, such as distracted driving or failure to follow traffic laws. We can evaluate your claim and make sure you receive a fair settlement.Motorcycle Accidents
Even though motorcyclists are a small percentage of people on the road, motorcycles are involved in many serious accidents. In many cases, drivers are the ones at fault. If you or a loved one has been injured in a motorcycle accident, you need legal representation.
