How a Personal Injury Attorney Can Help Your Claim
An accident victim may wonder if they will need to hire an attorney for their personal injury case. A California personal injury lawyer plays a crucial role in representing individuals who have been injured due to the negligence or wrongful actions of others.
If you were injured in an accident, it’s crucial to seek medical attention and consult with an experienced personal injury attorney. At Rose Accident Lawyers, we are dedicated to helping our clients obtain justice. Our personal injury attorneys can help injured victims navigate the claims process and pursue maximum compensation. Contact our personal injury law firm for a free consultation. Read on to learn how an attorney can help your claim.
1. Inform You of Your Rights and Legal Options
Most personal injury attorneys offer a free initial consultation to determine the viability of your case and discuss your legal options. During the free consultation, the attorney will listen to the details of your accident and provide an assessment of your case. They will explain the personal injury claims process and propose a legal strategy. There is never any obligation to hire a lawyer after a consultation, and you won’t be billed after the case review.
2. Gather Compelling Evidence
To build a strong case, a personal injury lawyer will work to gather evidence, including medical records, police reports, witness statements, and CCTV footage of the accident scene.
They also have connections to experts, such as accident reconstruction specialists or medical professionals, who can give their testimony to help strengthen your claim. The attorney will use the evidence to establish the liability of the at-fault party and determine the extent of the client’s damages.
3. Build a Strong Claim on Your Behalf
Once the evidence is gathered, a personal injury attorney will build a strong claim. This involves drafting and submitting legal documents, including a demand letter outlining the details of the case, the injuries sustained, and the requested payment for damages. Personal injury lawyers also handle negotiations with the insurance company on your behalf.
Your personal injury lawyer will send the demand letter to the at-fault party’s insurance company on your behalf. Most demand letters give the recipient a deadline to resolve the dispute and outline the potential consequences if the at-fault party doesn’t meet the requests specified in the letter.
4. Negotiate With Insurance Companies
Insurance companies are motivated by their bottom line and will try to minimize payouts or deny claims entirely. An experienced personal injury attorney knows how to negotiate with the other party’s insurance company in order to recover fair compensation for their client.
A personal injury attorney will fight for a fair settlement that accurately reflects the extent of their client’s injuries and losses. They are well-prepared for the tactics insurance adjusters use against injured victims and will counter low settlement offers with well-supported demands.
5. Ensure Paperwork Is Error-Free and Filed by the Deadline
The proper handling of legal paperwork is essential in personal injury cases. Missing deadlines or making errors in paperwork can jeopardize a case. A personal injury attorney will ensure that all documents are accurate and submitted on time. This includes filing claims, motions, and other legal documents necessary for the case.
6. Represent You in Court
If the at-fault party’s insurance company is unwilling to offer a fair settlement, your lawyer may take the case to court on your behalf. This process involves presenting the case before a judge or jury, cross-examining witnesses, and making persuasive arguments on the client’s behalf.
Courtroom representation requires a high level of skill and experience, as the attorney must effectively convey the facts of the case and demonstrate the defendant’s liability. A personal injury lawyer will work to obtain the best possible outcome, whether through a jury verdict or a judge’s ruling.
Timelines of personal injury lawsuits can vary. However, the typical personal injury claim can take from a few months to a couple of years. A personal injury lawyer will keep the claim moving smoothly throughout the legal process and will resolve it in a timely manner.
What Damages Can I Pursue in a Personal Injury Claim?
Personal injury lawyers work to help accident victims secure compensation for their personal injuries, medical bills, lost wages, and other out-of-pocket expenses related to the accident. Personal injury victims may pursue damages, including the following:
Economic Damages
Economic damages are monetary losses that are typically easy to calculate with bills, invoices, and receipts. These damages can include:
- Medical expenses: This includes medical costs related to the injury, including hospital stays, emergency medical treatment, surgeries, doctor visits, medication, physical therapy, and future medical expenses.
- Lost wages: Victims can recover compensation for the wages they are unable to earn due to their accident-related injuries.
- Loss of earning capacity: If the injury results in long-term or permanent disability that impairs the victim’s ability to earn income, they may pursue compensation for lost earning capacity.
- Property damage: This includes compensation for any personal property that was damaged or destroyed in the accident.
Non-Economic Damages
Non-economic damages are more subjective and cover intangible losses. These damages can include:
- Pain and suffering: These damages include the physical pain and discomfort caused by the injury.
- Emotional distress: This covers the psychological impact of the injury, including anxiety, depression, fear, and sleep disturbances.
- Loss of enjoyment of life: Victims can recover financial compensation for the loss of ability to engage in activities and hobbies that they enjoyed before the accident.
- Loss of consortium: Damages may be awarded to the injured person’s spouse or family members for the loss of companionship, affection, and support.
How Much Does a Personal Injury Lawyer Cost?
The cost of hiring a personal injury lawyer can vary, but most personal injury attorneys work on a contingency fee basis. This arrangement allows injured victims to hire legal representation without upfront costs. This means that you won’t pay any legal fees unless your lawyer wins your case. If your lawyer doesn’t win your case, you’ll owe them nothing for their legal services.
Attorney’s fees are a percentage of the personal injury settlement or award. The average contingency fee in California ranges from 33% to 40%. During the initial free consultation, the attorney will explain their fee structure.
What Is the Statute of Limitations in California?
The statute of limitations for personal injury claims in California is generally two years from the date of the injury. This means that an individual has two years to file a lawsuit, or they may lose their right to pursue compensation.
Certain exceptions can extend or shorten this period, such as when the injury was not immediately discovered or if the defendant is a government entity, which typically has a six-month filing deadline. A personal injury attorney is aware of these legal nuances and will ensure your claim is filed within the appropriate timeframe.
Contact Our Pasadena Personal Injury Attorneys Today
If you or a loved one suffered injuries due to someone else’s negligence, it is crucial to seek legal assistance promptly. At Rose Accident Lawyers, our Pasadena personal injury attorneys are dedicated to providing compassionate and effective representation to help you navigate the claims process. Our California personal injury law firm maintains a 99% success rate and has recovered millions of dollars in compensation for our clients.
We offer a free initial consultation to discuss your personal injury accident and explain your legal options. Contact us today to schedule your free consultation.