Posts Tagged personal injury cases

How to Choose Best California Personal Injury Lawyer

People are injured every day, and many of these injuries occur because of the negligence or recklessness of another person or entity. When these situations arise, many people are not sure where to turn for help. For many reasons, the best step to take is to seek the help and advice of an experienced California personal injury attorney. Below are a few suggestions to keep in mind as you work towards finding a California injury attorney who will fight to protect and enforce your legal rights.

Research the Professional Background

15 – 20 years ago, it was difficult to look into the past and experience of any California personal injury lawyer. However, with the advent of the Internet, such a process can be completed in minutes. Check to see if a law firm has a Web site. If so, read more about the California injury attorney you’re considering contacting. You should also check the California Bar Association’s Web site to see if he or she has had any problems in the past.

Schedule an Initial Consultation

When you decide to contact a California personal injury lawyer, pay attention to the details when you initiate that contact, as this is a quality that will matter to you. Specifically, pay attention to how quickly your initial consultation is scheduled and whether or not that initial consultation is free. Most California personal injury attorneys will offer a free initial consultation, and you should not have to take on a financial risk merely to find out if your legal rights need to be enforced.

Ask as Many Questions as You Think are Important

When you arrive for your free initial consultation, remember that this meeting is as much yours as it is the attorney’s in terms of what should be discussed. Obviously, and California injury attorney will have many questions regarding the incident that led to your injuries, but you should ask questions as well. Examples of these questions include:

1.How many personal injury cases have you handled?

2.How many of these cases have settled?

3.How many have gone to trial?

4.How many verdicts were issued in your favor?

5.What is your fee arrangement?

These are only example questions, and you should operate under the assumption that there are no ‘bad’ questions to ask. Ultimately, you need to make a decision that provides you with confidence and comfort, as choosing the proper California personal injury attorney is an extremely important decision.

What is Personal Injury Law?

We’ve all seen many commercials that talk about “personal injury” lawyers. You might be wondering what, exactly is personal injury law? Basically, personal injury, also known as “Tort” law, protects you in case of accident or negligence. This includes emotional, as well as physical harm, but does not include property damage. The most common of these cases are traffic accidents, but personal injury also covers things like medical accidents, work accidents, wrongful death, tripping accidents, etc.; any time someone else’s negligence causes injury to you. This can be a person, manufacturer, company, government, or any other entity.

An example of a personal injury case would be if a reckless driver hits you at an intersection. A doctor administering the wrong dosage of a medicine, or neglecting to provide proper treatment is another. Manufacturers and designers can be held liable if they make a product that is overly dangerous with reasonable use. To make sure you have a solid personal injury case, you should always consult a qualified lawyer.

If you decide to file a personal injury lawsuit, you are the plaintiff, and the other side becomes the defendant. Lawyers for both sides will then have the “discovery.” They’ll ask everyone involved questions (take depositions) gather pertinent facts, and exchange information on the case. At the end of this process, there will either be a settlement, or the case will go to court. The settlement means that the defendant agrees to compensate the plaintiff without going to trial, allowing them to not fully admit any wrongdoing, and avoiding the cost and time of a trial. Essentially, you would be accepting compensation in return for dropping the case and not holding the defendant liable in the future.

If no settlement agreement can be reached, the case goes to trial. Personal injury cases are tried in civil court, not criminal court, since it is assumed there was no intent to injure. Any court case can take time, so be patient with scheduling, etc. At court, it will be decided who is responsible or “liable” for the accident or injury.

A decision in your favor results in the judge and/or jury “awarding” you money for “damages.” This is to compensate you for lost wages, medical bills, pain and suffering (both physical and mental) and for any disfigurement or disability the injury caused. The compensation can come in a lump sum or in a structured settlement that is paid over a set period of time. Jail time for the defendant is not an option; remember this is a civil, not criminal, matter.

Finding a good lawyer is important to your process. While your insurance company may provide you with a lawyer, you should always look for yourself. Find out from friends, family, or research someone who has a good reputation and reasonable fees. All lawyers have to pass their state bar exam, and while not required; they can complete a personal injury specialty certificate through the American Bar Association.

There are several ways for lawyers to take payment. Some are paid on a contingency basis, meaning they are paid only upon winning your case. There are also hourly rates, flat fees, and retainers. Many law firms will talk with you about your case the first visit for no charge.

A physical or mental injury can cause numerous problems for you and your family. If you are involved in a significant accident or feel you have been a victim of negligence, you should consult a lawyer to find out if you need to file a personal injury lawsuit. Please do not take this lightly, there are lots frivolous suits that only serve to increase fees and take up the precious time of our nation’s courts. But if you need help, there are many honest, reliable lawyers out there that will guide you through the process and get you the compensation you need.