Knowing When To Consult A Personal Injury Lawyer
Accidents happen every day in California and one common characteristic is that they are unforeseen. No one plans to have an accident. Sometimes accidents that might have been prevented happen because of negligence or a faulty product or procedure that results in significant injuries. How do you know when you should consult a personal injury lawyer firm in California?
There are no specific guidelines after someone is injured as to when or why to seek the services of a personal injury attorney. A review of the four elements of a personal injury incident can help you make the decision to contact a lawyer. They include:
- The presence of a legal duty.
- The other party failed to meet the legal duty.
- You were injured as a result of the breach of that duty.
- You incurred expenses that may be compensated.
Understanding The Legal Requirements Of Personal Injury
To be successful in a personal injury lawsuit, you must prove each of the four elements beginning with the existence of the duty of care, followed by a breach of that duty, the cause of the accident, and damages. A legal duty is defined as the responsibility of entities and persons to take necessary actions to prevent harm to others.
In personal injury law, there is a standard of reasonable care to prevent injury or harm. A commercial business has a responsibility to ensure that the facility is safe for shoppers, employees, vendors, and anyone else visiting the business. Homeowners are legally required to do everything possible to protect their guests from situations that may cause injury.
An example of an incident that might lead to a personal injury claim is when someone is staying at a chain hotel while on vacation and they trip on torn carpet inside their room, fall to the floor, and break a hip. The hotel has a duty of care to maintain a safe environment for its guests and they failed to meet that duty by not having the torn carpet repaired or replaced in a timely manner. Because the hotel guest was injured as a result of that breach of duty, their injury and associated medical expenses are considered damages.
Finding Accident Lawyers To Handle Your Personal Injury Case
If you have been injured due to negligence, you may have a personal injury case. You should contact a lawyer as soon as possible after an accident or injury. There are so many accident lawyers in Orange, California, where do you begin to search for one who can determine whether you have grounds for a personal injury lawsuit?
A good way to find a personal injury lawyer is to ask lawyers, other legal professionals, or friends for a recommendation. You may also get recommendations and contact information for personal injury lawyers from the local bar association.
Developing A Solid Personal Injury Claim
The burden is on you to prove that the other party is responsible for your injuries, so you need to be proactive about gathering evidence. Taking the following actions after being injured is most important.
- If you are injured, ask someone to call 911 for medical assistance.
- Notify the business entity or homeowner of the accident.
- Obtain insurance company contact information from the other party.
- Have someone take pictures of the scene of the accident as soon as possible.
- Identify witnesses and get their statements.
- Make sure you receive copies of all medical records and bills to support your claim.
While these tasks may seem overwhelming, having a personal injury claim lawyer can make the process easier. Your lawyer will ensure that evidence to support your claim is gathered. They can speak to insurance companies and medical professionals on your behalf to facilitate your claim giving you the time you need to focus on recovering from your injuries.
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