Litigation lawyers are trial attorneys who represent clients in civil lawsuits. Unlike criminal defense lawyers, these attorneys focus on civil cases, where the trial is a question of negligence, not criminal offenses.
As you navigate a lawsuit, you may be unsure where to turn or who can help. In fact, you may be unsure what type of lawyer you need on your side. That can lead to delays in starting your case, meaning a longer period of time before you are able to file your claim and get compensated fairly.
A litigation lawyer may be appropriate for your needs, but what is a litigation lawyer? If you are unsure or confused about what is expected of your case, you can always contact our experienced team at Text Kevin Accident Attorneys to learn more about what our litigation lawyers can provide and what you can expect when you seek us out. We are prepared to provide the guidance and support you need throughout your case when it goes to litigation.
Litigation Lawyers Handle Many Responsibilities and Roles for Your Orange County Civil Lawsuit
First, determining what a litigation lawyer can provide can give you a better idea of what to expect from your case. Litigation lawyers focus on taking your claim to court and pursuing compensation through trial. This differs from other attorneys who may concentrate on negotiation and mediation.
However, mediation does not always produce the desired results. For example, many insurance companies focus more on their profits than your recovery, meaning they may offer a much smaller settlement than you need. Litigation attorneys hold these companies accountable for their actions and for upholding their policies, especially through the following responsibilities after a car accident or other injury.
Drafting and Filing Documents
A lawsuit in court involves many documents and paperwork to get your case in motion. These documents need to be filed within certain time limits and accurately for you to file your case. Any mistakes could lead to your case’s dismissal before it gets started.
We offer the aid you need to get your documents drafted correctly, filed on time, and prepared for your case. We handle these steps for you, checking every element of your paperwork to protect you from missteps that could reduce or dismiss the value of your case. We want to make sure your case is not lost before it begins.
Gathering and Investigation of Evidence
As you navigate a lawsuit, you need significant amounts of evidence to support your claim. For a civil lawsuit, you will need to prove that the damage more than likely happened, rather than the burden of proof being beyond a reasonable doubt, such as in criminal cases. However, while the burden of proof is lower for these cases, significant evidence is still key to a positive outcome.
That is why our team focuses on providing high-quality support and guidance as you gather evidence. We pursue any proof that your accident happened, you were injured by that accident, and the at-fault party is responsible for their negligence. That evidence can help you identify the top defense for your case.
Negotiating Settlements
As you navigate a lawsuit, you may be offered a settlement by the at-fault party to avoid a lengthier time in court. Sometimes, that can help you get compensated faster and avoid the risk of losing your court case. However, ensuring that you are receiving the full compensation you are due can be difficult without an attorney.
We ensure we know exactly what your claim is worth before you accept any settlement offer. That way, you do not settle for less when you need compensation for your recovery. With our years of experience in the courtroom, we offer the negotiation skills and resources needed for your case.
Representing You in Court
When taking a civil lawsuit to court, you may be worried about standing before the judge and presenting your case. You may have never been to court before and may be unsure what to expect or how to follow the Rules of Court set out by the California Courts. Unfortunately, this lack of understanding can lead to big mistakes that could cost you your case.
Our team has significant experience as personal injury attorneys, pursuing compensation for car accident victims in court. We understand this system at a substantial level, and we can provide the guidance you need. With our team representing you in the courtroom throughout your case, you may have a stronger chance of receiving the compensation you pursue.
Appealing Decisions from the Court
As you navigate your car accident claim, you may struggle to convince the court that you are due compensation. That is especially true if you had a previous lawyer you were unsatisfied with or if you pursued compensation alone. In these cases, you may have lost your case, but you may also have a chance to appeal.
If we find grounds to pursue an appeal, we can provide an aggressive pursuit for appealing your case. We understand the specific details you will need to consider as you gather further evidence and prove your case deserves appeal, and we are here to take those steps for you. We offer guidance and support in any cases where an unfair decision may have been made, leaving you without compensation.
Pro Tip
If you are unhappy with your current legal representation, we can help. When you reach out to our team members like attorney Kevin Crockett, you can get clear, helpful answers about whether you are eligible to change lawyers and how we can help your case.
Litigation Lawyers Can Help You Identify and Follow State Law
When you are hurt and suffering following an accident, it is vital to follow the legal statutes that govern your claim. Mistakes in this area can lead to a claim dismissal, leaving you struggling to recover from your severe injuries. Fortunately, we are here to help lead you to answers, just like the many clients we have helped previously.
Comparative Negligence Laws Can Impact Your Claim
In some situations, the at-fault party may try to place part or all of the blame for the accident on you. Under California Code 1714, also known as comparative negligence law, your case can be reduced by a proportionate amount if you are found partly at fault. That means your claim may be reduced by a percentage, though, unlike some other states, there is no limit at which your claim will be simply dismissed.
For example, you may have been struck by a drunk driver who weaved into your lane and caused an accident. However, at the time of the accident, you may have been driving drowsy, which lessened your ability to make quick decisions. Because of this, the at-fault party may argue that you are partly responsible for the accident they caused.
You may be accused of being 10% at fault in this example. While this may seem small, if your claim is worth $100,000, it can reduce your compensation by $10,000. Because of this, we are dedicated to pursuing the maximum compensation for our clients.
Do Not Miss the Statute of Limitations
As you navigate a car accident claim, you may run out of time to file. Filing a car accident claim can take time, especially because your injuries may not be immediately present. However, if you fail to act within state statutes of limitations, your claim may be dismissed, leaving you stuck paying out of pocket for your accident.
Under California Code Section 335.1, you only have 2 years to file a claim. This time limit starts at the date of your accident, meaning you may have to focus some of your recovery time on pursuing the right documentation or seeking out lawyers like us. Because your time is limited, you may need to act as soon as possible to stay within these time limits.
Remember that your statute of limitations may differ depending on the specifics of your lawsuit. For example, if your child was injured in the accident, they, as a minor, have until they are 18 years old before their time limit begins through a process called tolling, though you also have options to pursue a claim before this time period begins. You may also have shorter time limits if you are injured by a government agency under Government Code Section 911.2, so reach out for help if you are unsure exactly how long you have to file.
Tip
Because the statute of limitations can be somewhat variable, do not hesitate to contact a personal injury attorney like our team to learn more about your options. We can help you identify how much time you have left to file and what your claim is worth.
We Can Calculate the Value of Your Compensation
As you navigate a lawsuit, you may struggle to pursue compensation for your many catastrophic injuries, which may include brain injuries, spinal cord injuries, burns, and more. Without a lawyer on your side, you may have difficulty navigating what these claims are worth, especially as your expenses continue to pile up. In some cases, you may even need help from our wrongful death attorneys, who can help you navigate getting compensated when a loved one is killed in a car accident.
Fortunately, our litigation lawyers at Text Kevin Accident Attorneys are here to guide you through this complex process. We understand how important your compensation is to your recovery and offer the tools and resources needed to determine the value of the damages you have suffered. Below are just a few options for damages you can pursue.
Economic Damages
Following a serious car accident, you may have significant financial losses associated with your case. Those may include both current damages you are experiencing and future costs associated with your accident. Below are just a few possibilities of economic damages that may impact your claim:
- Hospital bills
- Future surgeries
- Lost income
- Lost earning capacity
- Household accommodations
- Property damage
These samples of the potential damages can help you understand what we may pursue for you as your litigation lawyers. The specifics of your case will depend on the damages you have suffered, which we can calculate and pursue compensation for. Calculating these damages now can help you avoid pain out of pocket for the suffering you have experienced.
Non-Economic Damages
When you have been involved in a serious accident, our litigation lawyers can also help you pursue non-economic damages, also known as your pain and suffering damages. These damages cover the intangible, emotional suffering you have experienced because of your injuries. Accidents can be traumatic, and with our team behind you, you have the tools and experience to calculate what you are due in court for those damages.
Non-economic damages can be calculated based on the severity of your injuries and their impact on the remainder of your life. For example, if you have suffered an injury that will leave you with severe pain for the rest of your life, you may have grounds for compensation for that pain. Other non-economic damages include emotional trauma, loss of enjoyment of life, and loss of consortium.
However, calculating these intangible losses and suffering can be difficult. Fortunately, our team offers experience and resources to help you calculate these losses as accurately as possible. Importantly, we are prepared to pursue these damages for you in the courtroom.
Note
Do not neglect the severity of the pain and suffering catastrophic injuries can cause. If you have suffered traumatic brain injuries, spinal cord injuries, burns, or more, you may be eligible for non-economic damages that cover more than your medical bills alone.
Punitive Damages
In some cases, however, you may have grounds for damages beyond your compensatory damages. These damages, also known as punitive damages, do not intend to award you for your damages or losses but instead intend to punish the at-fault party for their gross negligence or malice. These damages are only awarded in these specific instances, so they may not be available for every claim. However, we are prepared to help you pursue them if you are eligible.
For example, you may have been struck by a drunk driver who was speeding and acting recklessly at the time. Because they acted with wanton negligence, under California Code 3294, they may be held liable for the injuries you suffered and punitive damages. These damages are intended to deter future behavior like theirs in hopes that accidents like yours can be prevented in the future.
Let Our Orange County Car Accident Litigation Lawyers Provide the Powerful, Personal Defense Your Claim Needs
As you pursue compensation following a car accident, litigation may be your best option. Mediation may not be a choice from the beginning, or the at-fault party may be unwilling to take action and provide you with the compensation you are due. In these cases, a law firm like ours can step in and help your claim succeed.
At Text Kevin Accident Attorneys, we offer comprehensive support when our clients’ cases go to litigation. We begin with a free consultation, where we will determine the best path forward for your case and how we can help it succeed. When you are ready to take action or learn more, reach out by calling or filling out our online contact form.
