All You Need To Know About Personal Injury Incidents
Personal injury incidents can happen in many different ways.
You could be driving to work when another vehicle barrels into your car. You could be getting your mail when a neighbour’s dog bites you. You may even go to a doctor you trust who writes the wrong prescription, making you gravely ill.
While all personal injury incidents will differ in their circumstances, they will have some common threads. Here’s everything you need to know before you file your claim.
They All Involve Negligence
No matter what kind of personal injury incident you endured, it must involve negligence for you to have a valid claim. As the plaintiff in the case, you have the burden of proof to show that the other party was negligent and hence liable for the damages incurred from the accident.
Most Are Settled Outside of Court
Every good attorney will be ready to take things to trial; however, your case will most likely settle before it ever gets to that point. Negotiations will happen first and may take several rounds before an agreement is reached. Mediation may also be necessary, but with an experienced personal injury lawyer, you’ll have someone ensuring those negotiations are to your benefit.
Don’t Expect an Immediate Settlement
The laws involving personal injury cases can be quite complex. It may take months to gather all the evidence needed, and it may even be years before your case settles. An attorney will do everything they can to keep things moving to get you the compensation you deserve.
Your Injuries Dictate the Worth of Your Claim
The type of injury you have and your projected recovery period will all be factored into the settlement request. Generally, attorneys will wait until you’ve completed all of your major medical treatments and your condition has stabilized before calculating how much your claim is worth.
Never Sign Anything Without Attorney Verification
You may feel good about the amount the insurance company offers you, but you should never sign on the dotted line without having an attorney look it over. Insurance companies know that most people don’t consider all of the other damages they’ve incurred in a personal injury incident beyond medical bills, loss of income, or property. As such, the amount you are offered might be far lower than you deserve.
There Is a Time Limit to File
Personal injury victims in California have to act quickly to file before they run out of time. To make a claim, you must submit your lawsuit within two years of your injuries. Time will fly by, so the best way to ensure you’re properly compensated is to get an attorney on the case right away.
Keep Records of Everything
If you’re injured, you should seek medical treatment. The courts will look at your medical records to know if you delayed treatment when your injuries were severe. Getting medical care immediately ensures your condition doesn’t worsen and also serves to document the incident.
Along with this record, you should keep all follow-up appointment records and heed the advice of medical professionals. Organize the receipts for your injury-related expenses, keep a journal of your injuries and how you feel, and put anything related to the personal injury incident in your file.
An Attorney Can Help You
With the help of a San Jose personal injury attorney, you have a better chance of recovering more compensation than you would on your own. This is because experienced lawyers know what your claim is worth and can negotiate to make it happen.
By showing the right evidence and standing up for your rights, they will help you recover compensation for medical bills, property damage, lost income, and mental anguish. Since most offer free initial consultations, sit down with an attorney to discuss your case and see how they can help.