What Types Of Personal Injury Cases Does Your Firm Handle?
Our firm handles all types of personal injury cases, including auto accidents, dog bites, nursing home neglect, slip and falls, premises liability, and apartment liability. When a person is accused of criminal sexual assault, that person is also exposed to sexual assault liability on the civil end. So, I have actually handled cases wherein people were seeking compensation for being sexually abused. I worked as a prosecutor handling sexual assault crimes strictly for four years, so I really know my way around these types of cases.
I also handle product liability and medical malpractice cases. Medical malpractice cases have their own issues, such as the micro-cap of $250,000 on pain and suffering, which was passed in the 1970s and is extremely low for society today. I handle the gamut of personal injury cases, which require a good working knowledge of how and when negligence comes into play. I also handle employment cases where people are unfairly treated in the marketplace, and civil rights actions or police misconduct cases.
- What Is Comparative Negligence? How Can It Impact My Auto Injury Claim?
- What Defenses Do Insurance Companies Use To Avoid Paying Out On Injury Claims?
- What Is Premises Liability Law? What Accidents And Injuries Does It Include?
- What Factors Determine The Viability Of A Personal Injury Claim?
- How Soon Should I Seek Medical Treatment After Being Injured?
- How Long Does A Personal Injury Case Take To Get Resolved?
What Is A Serious Personal Injury?
Anyone who’s suffered an injury as the result of someone else’s wrongdoing deserves compensation. However, the level of seriousness of a personal injury will impact the amount of compensation a person could receive, and may limit their ability to bring a claim at all. It can be difficult for a victim of personal injury to know whether or not their injury is considered serious, and if so, how serious. In fact, many injuries can take weeks to emerge fully, leaving the victim to initially feel as though there is no need to seek a claim. In order to determine whether or not an injury is considered serious or catastrophic, an individual should consult with an experienced personal injury attorney. There is no straightforward definition of what qualifies as serious and what doesn’t, but there are some basic rules of thumb to follow:
Any injury which leads to permanent or potentially permanent dysfunction or disfigurement is likely to be considered serious and warrant a claim. These can include the following:
- Spinal injuries
- Brain injuries
- Third-degree burns
- Loss of limb or organ
In addition to consulting with an experienced personal injury attorney, the opinion of one or more medical doctors will likely be necessary in the ultimate determination of the severity of an injury, as well as the expense associated with the immediate and long-term need for treatment and/or management.
For How Much Does The Average Personal Injury Case Settle?
Unfortunately, it’s not easy to pinpoint an “average” settlement value for personal injury cases, as the amount will depend on the type of injury, severity of injury, estimated costs for future medical care, earning potential of the claimant, and the strength of the claimant’s ability to negotiate and counter rebuttals by the at-fault party’s insurance company’s claims adjusters. With all of that said, a claimant who is ultimately successful in their claim could be eligible to receive compensation for the following:
- Pain and suffering
- Medical expenses associated with the injury
- Damage to property, such as a vehicle
- Past and future lost wages
- Loss of earning potential
If it can be shown that the at-fault party was grossly negligent in causing the injury, punitive damages may be awarded, which could significantly increase the value of the case. Despite the fact that punitive damages are meant to punish the wrongdoer, they can monetarily benefit the person who was wronged.
What Are The Chances Of Winning A Personal Injury Lawsuit?
A very small percentage of personal injury claims actually go to trial, and the majority of those that do go to trial are not successful. The overwhelming majority of personal injury cases are settled outside of court, and there are a number of factors that will determine whether or not they are settled for a fair amount. In addition to having the components which comprise viability, the success of a case will depend heavily on the reputation of the plaintiff’s attorney. For example, an attorney who has a reputation of fighting for a fair settlement to the end and refusing to bend even in the face of an expensive and time-consuming trial has a better chance of receiving a higher settlement offer with less pushback by the defense attorney.
What Can I Expect During The Early Stages Of A Personal Injury Claim?
Every personal injury case begins with a consult with a personal injury attorney. During the initial consultation, the injured party will discuss the details and circumstances surrounding their case, and if possible, provide the prospective attorney with all of the pertinent documentation they’ve gathered up to that point, such as a police report, medical reports, medical bills, and information pertaining to the at-fault party and their insurance company. The initial consultation is also the time for the claimant to determine whether or not the attorney is right for them, which means considering whether or not they feel understood, comfortable asking questions, and truly cared for—not just as a client, but as a person.
Once retained, a personal injury attorney should immediately launch an investigation of the case. This will include tracking down any important documentation that hasn’t already been made available to the claimant. It may also involve the attorney or their investigator going to the scene of the accident and taking photographs, contacting potential witnesses and obtaining statements, determining whether any businesses nearby the scene of the accident had security cameras rolling at the time of the incident, and ascertaining proof of the injured party’s earning potential. The investigation of a personal injury claim is arguably the most important part of the process, since a case will lose all viability if it is not supported by a sufficient amount of evidence. During the course of the investigation, the personal injury attorney should maintain communication with their client to ensure they are on the same page and never feel left in the dark.
What Exactly Is A Personal Injury Claim?
A personal injury claim is a claim for injuries caused by another person’s negligence or deliberate act. At base, we can’t fix a person in our society. My own father was paralyzed after a motorcycle accident when I was a kid. It was devastating, and you have no idea until you are living through it what that means to an individual, or what the ripple effect looks like. There is no just way to fix that. What we try to do is to put some money value on it to try to make that person’s life better and enable them to get the medical treatment and any other accommodations they need as a result of their injury. Personal injury cases are not just about what happened, but about what will happen in the future.
What Steps Should I Take If I Need To File A Personal Injury Claim?
If someone needs to file a personal injury claim, they should get a lawyer. Many people quickly discover that they are being treated unfairly by insurance companies, and a lawyer can ensure that they receive the proper medical care so that they can recover as much as possible and prepare for the future. A lawyer will speak to the insurance company adjusters on the client’s behalf and eliminate as much stress as possible. The lawyer will interface with the insurance company to determine what benefits are available and whether Medicare or Medicaid is needed. There are also serious issues related to Medi-Cal and Medicare reimbursement and set-asides that could impact the future care of an injured person. The lawyer will also warn the at-fault party’s insurance company that if they don’t pay, then a complaint will be filed, and the case will ultimately go to trial.
Questions to Ask Your Newport Beach Personal Injury Lawyer
When you are searching for an attorney for your personal injury case, you are hiring this attorney to work for you. You want to attend your initial consultation with as much information about your case as possible. It is wise to conduct an interview to determine whether this is someone that you truly want to have representing you. Use the attorney’s responses to gauge whether or not this professional is qualified to work on your case and whether he or she is compatible with you.
What kinds of personal injury cases have you handled?
A Newport Beach personal injury attorney who has only handled auto accident cases may not be effective in a California medical malpractice case. The type of cases a personal injury lawyer specializes in makes a very big difference.
Do I have a viable case?
Any attorney you hire should have enough experience to be able to look at the facts of your case and tell you honestly whether or not your case is likely to succeed.
How much money is my case worth?
A Newport Beach personal injury attorney should never give out any sort of guarantee or any type of precise estimate when it comes to how much monetary value your case holds. Each case is unique and unpredictable.
What should I do next?
An experienced personal injury lawyer in Newport Beach, CA should be able to give you a checklist of exactly what to do to file your claim. These next steps may involve your attorney speaking to the other side or writing demand letters to negligent parties.
Will you take my case to trial?
Not all personal injury cases need to go to trial. Most will settle. However, insurance companies pay more when they are dealing with a plaintiff who is represented by a lawyer who is known to take cases to trial.
Will you be handling my case?
In larger law firms, it is very common for a client to meet a reputable California personal injury attorney at their initial consultation but then, their case is passed on to a junior associate to handle. If this is a situation you are not okay with, you may want to consider working with a smaller, more local law firm as an alternative.
How should I contact you?
When you are going through a personal injury case, it is expected for you to have questions about the process. Your personal injury attorney in Newport Beach, California should be completely willing to quickly and kindly answer your questions over the phone whenever they arise. Communication is absolutely essential to the attorney-client relationship.
Is there a difference between a car accident claim and a truck accident claim?
If you’ve been injured in a truck accident in Newport Beach, you want to spend a decent amount of time to find a California personal injury attorney who has specific experience handling truck accidents. Truck accident claims are not handled in quite the same way as a car accident claim. There are bigger stakes, more serious injuries, and federal regulations involved in a truck accident case.
You only have a limited amount of time to file a personal injury claim in Newport Beach, California. If you’ve been hurt in a car accident, truck accident, or motorcycle accident, a slip and fall incident, or due to medical malpractice, consider contacting Law Office Of Edward R. Flores today. We would be happy to review your case, answer your questions, and help you understand all of your options to get the best possible resolution for you.
For more information on Personal Injury Claims In the State of CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 689-2660 today.
Call For A Personal Case Evaluation