Personal injury cases involve negligent actions by one party that result in the injury of another. These cases are significantly varied and sometimes difficult to prove. For example, car accidents often have police reports that determine fault, but slip and fall injuries may not be the result of negligence by the plaintiff. To determine if your case is valid, consider consulting a personal injury attorney in your jurisdiction, such as an Antelope Valley personal injury attorney.
Proof is Necessary
You may have been injured in an accident and still not receive be able to pursue damages. Proof is required to file a claim. For example, the defendant must have a duty of care for the plaintiff. In addition, the defendant must have neglected their duty in some way, resulting in the plaintiff’s injuries.
Police or accident reports may determine liability, but further investigation may also be necessary. Your medical bills and any other receipts for costs incurred due to the incident should be carefully preserved. Before you leave the accident site, you should take photos or videos of the scene and get contact information from any witnesses you see.
Types of Damages
When you are injured as a result of neglect, you may be entitled to significantly more than economic damages, such as loss of wages and medical and personal property repair costs. For example, you may receive disability, emotional distress and pain and suffering damages, which are non-economic damages. These traumatic events may also cause anxiety, depression or other psychological damage, which can be monetized, especially if these disorders prevent you from returning to your normal activities and life.
Settlements
Many believe that they must accept the amount the insurance company offers initially. However, this is not the case. In fact, in most cases, you are entitled to much more than the insurance company’s initial offer. Often, the initial offer won’t even pay the plaintiff’s medical expenses. In fact, those without legal counsel are often offered a fraction of the amount they would receive if they had a lawyer.
Although some personal injury claims must go through the court process, most are negotiated by lawyers out of court. Therefore, you should choose a lawyer with strong negotiation skills and extensive negotiation experience. The only time a personal injury case is heard in court is if the defendant or defendant’s insurance company does not cooperate with the lawyer or will not agree to a reasonable settlement. In these cases, court costs are incurred and your lawyer must fight for maximum damages. Therefore, your lawyer must also have extensive trial experience.
Future damages or costs may also be paid if you can prove them.
Muddied Liability
When multiple parties are involved in an accident, liability may be difficult to determine. You may even be partially liable. If this is the case, you may still be able to pursue damages from other parties who may have also been at fault. A thorough investigation by the lawyer’s in-house or contracted investigators will help determine and provide evidence of liability.
As you decide whether or not to file a personal injury claim, you should carefully review your accident. Does it meet the criteria for a claim and do you have the necessary proof? Then, consult a personal injury attorney.