Personal Injury

The effects of personal injury can be significant physically, financially and emotionally. The unforeseen medical bills and economic loss are often only part of the devastating effects. They may also result in physical pain, continued medical treatment, and wage loss. Family and friends may also suffer as a result of the financial effects and emotional distress of their injured loved ones.

PERSONAL INJURY OVERVIEW

In many cases, the costs incurred for medical bills and property damage can be recovered. Additionally, financial compensation for physical pain and emotional suffering may also be obtained. Personal injury cases commonly involve vehicle accidents (automobiles, motorcycles, ATVs, boats), as well as slip and falls and other such incidents.

AUTO ACCIDENTS

According to the National Highway Traffic Safety Administration, approximately 37,261 people in the U.S. lost their lives due to motor vehicle accidents. Over 1.6 million people were injured in traffic crashes in 2008 nationally. Early estimates by NHTSA has further projected that about 16,626 people have lost their lives due to motor vehicle collisions in during the periods of January 2009 through June 2009. In many cases when people are inured as the result of another driver’s negligence can receive compensation. Each case is unique and typically involves complex issues of facts in dispute. Even when you have a sense of who might be at fault for an accident, an attorney can assist you in determining your legal options and rights.

WHAT TO DO IF YOU ARE IN AN ACCIDENT

Many people do not know what to do after they have been involved in an accident. Here are a few tips on what you can do: According to the California Vehicle Code, if you are involved in a vehicle collision, you are required to stop at the scene of an accident. Immediately after an accident, gather all of the necessary information, including the other party’s insurance information, vehicle information and contact information. Seek medical attention immediately regarding any pain or injuries from your accident. If possible, photograph any vehicles involved, visible injuries and the scene of the accident. All parties involved in an accident, whether or not at fault, should consult with a lawyer.

DO I NEED NO FAULT AUTO INSURANCE?

You do need insurance. California law requires every driver to carry proof of financial responsibility in the event that they are liable in an automobile accident. Although there are minimum required limits for insurance coverage, it is important to keep in mind the benefits of insurance coverage. Liability insurance often pays for the damage that you cause to someone else, additional coverage may also cover damage that you received. Because of the protection that this could provide to you, and because it is the law, every driver should carry proof of insurance showing verification of financial responsibility.

HOW SOON DO AFTER MY INJURY DO I HAVE TO FILE A LAWSUIT?

Every state has a time limitation for when you can bring a lawsuit. This limitation is called ‘statutes of limitations.’ In California, the time limitation in general for personal injury cases is two years from the date of the injury is discovered or should have been discovered. Cal. Code Civ. Proc. § 335.1 However, depending on the facts of your case, there may be other limitations for when you can bring your cause of action. Therefore it is important to contact an attorney as soon as possible if you believe that you have a cause of action.

WHAT DAMAGES WILL I BE ABLE TO RECOVER?

In a successful personal injury case, physical and non-physical damages may be recoverable including: medical bills, ongoing medical expenses, lost wages, repair or replacement of damaged property, emotional pain and suffering, lost earning capacity, and punitive damages. In civil cases, the defendant is not punished in the same sense as in criminal cases. However, if malice or intentional action is found, punitive damages may be awarded in order to deter or reform the defendant or similar persons from such action.

WHAT DOES MY ATTORNEY NEED IN ORDER TO EVALUATE MY CASE?

You should provide to your attorney any information, documentation or statements that might be relevant to your case. A good example of a useful tool for your attorneys is a police report. This often has information and details about the incident that can help an attorney evaluate your case. They will also need to see medical reports and receipts from any doctors or hospitals that assisted you. This will help the attorney determine the extent of your injuries, and help with determining the cause, extent, and details of your injuries. You should also be prepared to discuss the details of the accident, such as what direction you were going, the road conditions, and what you saw occur. If you have information for witnesses, this will also be helpful for your attorney. The more information that you can provide to your attorney, the easier it will be for your attorney to determine if your case will be successful.

If you feel you have a personal injury case, contact us today to find out if we can help you or call (800) 250-5971.