Many people end up with injuries because of the misconduct of others. Personal injury law allows you to seek compensation from parties whose actions caused you harm, whether accidentally or not.
Before taking legal action, speak with an El Segundo personal injury lawyer at Pintas & Mullins Law Firm. They will guide you through the complicated civil proceedings to help you recover your losses after an El Segundo personal injury. How they handle your case will depend on the surrounding circumstances. Call (800) 223-5115 to speak to someone from the team today.
Damages You May Recover
A personal injury claim aims to award money to those who suffered an injury at the hands of others. Many injury victims only have a vague idea of what they can receive; however, most do not understand what a reasonable amount should be. They often end up with a low settlement offer from an insurance company, which might not be sufficient to cover all costs derived from the accident like long-term rehabilitation, future medications, medical devices, and lost potential earnings.
An El Segundo personal injury lawyer can help calculate reasonable compensation for your case. They will factor in future or expected expenses stemming from your injuries, in addition to incurred medical bills, lost wages, property repairs or replacement, and other related costs.
Apart from financial losses, your attorney may consider recovering non-economic damages. These are compensation for your losses with no exact monetary value, including pain and suffering, mental anguish, inconvenience, and decreased quality of life resulting from the incident. But even without established amounts, non-economic damages still have a limit in California—their multiplier should only be a single-digit of awarded economic damages.
Injuries Do Not Always Give Rise to a Claim
Contrary to common misconceptions, being injured is not enough to pursue a personal injury claim. For a case to be actionable, there should be legal grounds in holding a party accountable for suffered injuries. Determining who is liable is often a contested but crucial aspect of your lawsuit. The civil court will only award damages if you can prove the other party’s clear-cut liability for what happened.
The basis for most personal injury lawsuits is negligence. Under this doctrine, one’s liability stems from their failure to act similarly to the way a reasonable or prudent person would under the given circumstances. For instance, a person was negligent if they disobeyed traffic laws, did not maintain their premises, or behaved carelessly towards their patients. Because of their misconduct, they have put others at risk.
When pursuing a claim based on negligence, it should have the four essential elements—duty, breach of duty, causation, and damages. The lack of one can cause your case to collapse. A personal injury attorney will collect evidence to build a strong claim. Moreover, proving each fact is best left to the professionals.
There are causes of action for personal injury other than negligence. Intentional wrongs like assault, battery, and infliction of emotional distress can hold someone civilly liable, apart from facing criminal charges. Another underlying theory applied is strict liability, which holds manufacturers responsible for defective or unsafe products.
Establishing liability will significantly impact your claim. Instead of representing yourself, it is best to work with an El Segundo personal injury lawyer from Pintas & Mullins Law Firm. Reach out to see if you have a valid case.
For a free legal consultation with a Personal Injury Lawyer serving El Segundo, call (800) 223-5115
Pursuing Compensation Despite Being At Fault
Many injury victims do not pursue a claim simply because they are at fault for the accident. They mistakenly assume that they no longer have the right to seek compensation as they may have also acted negligently.
Fortunately, California is among the many states that follow comparative fault. This principle does not take away your right to recovery; it only reduces awarded damages by one’s degree of contribution in the incident. So, if you were 20 percent responsible, you could only receive the remaining 80 percent of the proposed damages.
The issue of comparative negligence always comes up during settlement negotiations. Insurance companies and lawyers will raise this by questioning your behavior—were you also negligent? An El Segundo personal injury lawyer will demonstrate that your assumed contribution to the accident is minimal or almost nil to maximize potential payout.
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How to Protect Your Rights to Recovery
Remember that what you do following an accident or injury will significantly affect your claim’s outcome, regardless of whether you file it with an insurance company or take legal action. Even a simple oversight can have costly repercussions on your case. Below are a few things to do to protect your rights to compensation.
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Get Medical Treatment
Get medical attention right away, even if you do not observe visible bodily injuries. Some symptoms take a while to appear, and by the time they do, the injury may have already worsened. Moreover, the longer you delay medical care, the more difficult it will be to link your injuries to the accident. By extension, recovery becomes challenging as well.
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Avoid Discussing the Incident
It is in your best interest to refrain from retelling the incident to people other than your attorney. Be wary when asked to give a statement to the liable party’s insurance carrier as they could later use it against you. The same caution should apply when talking to the other party’s lawyers.
Seek Legal Assistance
When an insurer or lawyer reaches out to obtain your statement, make sure that you have a qualified personal injury attorney with you. They will advise you on your next steps to help you get fair compensation.
Having Legal Support Impacts Your Claim
A lawyer can make the legal process easier and help you avoid costly mistakes. For instance, in California, the statute of limitations for personal injury is two years from the date of injury, according to the California Code of Civil Procedure (CCP) §335.1. It means that claimants must file their lawsuit within two years of the incident. A lawyer can ensure you submit all the necessary documents and supporting evidence ahead of the deadline, otherwise, your case could be dismissed by the court.
Consider getting help from an El Segundo personal injury lawyer from Pintas & Mullins Law Firm. Call (800) 223-5115 for a free consultation with a representative of our firm.