Frequently Asked Questions on Personal Injury Claims
If you recently suffered an injury or property damage through no fault of your own, personal injury law, also known as tort law, is available to protect you against the negligence or intentional intent to harm or maliciously damage by others. Automobile accidents are the most common basis for the development of personal injury cases. These intense cases involve the burden of proof against the offender to determine whether or not he or she is declared at fault and if a compensatory settlement should be awarded to the victim.
If you have recently been injured in an automobile accident and believe the other driver is at fault, reviewing the following questions and answers may address your initial concerns before consulting with an experienced personal injury attorney.
- Do I Really Need a Personal Injury Attorney?
- When Should I Hire a Personal Injury Attorney?
- Should I Provide a Recorded Statement to the Other Person’s Insurance Company?
- Is Time of the Essence?
- How Is Compensation Determined in a Personal Injury Case?
- How Long Will It Take to Reach a Settlement?
Do I Really Need a Personal Injury Attorney?
Yes, you should always retain a qualified personal injury lawyer, or you may fall victim to the insurance company and the person who caused your injury. Both will opt to minimize the level of fault as well as dispute the severity of your injuries.
An experienced personal injury attorney understands how to “deal” with the insurance company within the legal limits to ensure your rights are protected and ultimately compensated.
If you are faced with a possible personal injury case, hiring a qualified personal injury attorney should occur as quickly as possible. A personal injury attorney will gather pertinent information, evidence and witness statements that will increase the likelihood of a successful settlement.
This action should be avoided at all costs and denied until authorized by your attorney. Offering a statement could adversely affect your case and decrease your settlement.
Each state assigns time limits, better known as “statute of limitations”, governing the period of time acceptable to file a personal injury claim. The statute of limitations in California for an auto accident injury lawsuit is two years.
All personal injury cases vary dependent upon the circumstances and the scope and depth of the accident and injury. Most often, these factors would include:
- Severity of your injuries;
- Length of disability;
- Permanency of injuries;
- Overall cost of medical care;
- Physical scarring and disfigurement;
- Future cost of medical care;
- Loss of wages; and
- Emotional trauma.
This question is best answered once all variables unique to your case have been identified. It is suggested that settlement negotiations should not begin until your attending physician has submitted his or her final report and all injuries have been medically stabilized and a future prognosis has been determined.
If you have additional questions about moving forward with a personal injury claim, the experienced Monterey personal injury attorneys of Corsiglia, McMahon & Allard, L.L.P. offer a free consultation and there is no charge unless we win your case. Contact our legal team at (408) 298-7200 today.