Its estimated that every 17 years, we will be in a car accident severe enough to report to our auto insurance company.
Personal injury accidents usually stem from an act of negligence. Whether it be a defectively designed product or a workplace injury, there are many ways clients come to the need of hiring a personal injury firm. However the majority of personal injury cases will be spurred by a serious car accident. Common injuries include: brain injuries, broken arms and bones and sometimes even partial or complete paralyzation.
If you were in a serious accident, it is your right to collect a settlement from the other party's insurance company to cover:
-your past and future medical costs
-lost wages
-pain and suffering
-reduced quality of life
At the scene of the accident, be sure to take extensive photographs and notes if you can of what happened. A smartphone is perfect for on the scene photos if you do not have a camera nearby. Do Not tell the other party you are Okay- this can be used against you later in court. Also, if the other party's insurance company tries to collect a statement from you, politely refuse and explain you wish to first speak to an attorney. It is your right to first seek legal counsel, and this statement will only be used against you when you try to file a claim.
If you were seriously injured, first and foremost seek medical attention immediately and have them thoroughly record all injuries and disabilities. If your injury requires extensive rehabilitation, chiropractic visits, or therapy be sure to take detailed notes of any abnormalities your doctors may notice. If you do not have medical insurance at the time, a personal injury firm may be able to help you get medical attention without payment. Also take a journal of days of work that are missed and any unusual pain you may experience.
If you wish to press charges- you must file your case within 2 years in California. There are many personal injury lawyers out there, but how do you pick the best one? Most personal injury lawyers have no upfront charges- so despite your economic situation you can afford to have the best. The best personal injury lawyers will have a long history of successful case settlements. They may also have many embellishments, such as a Super Lawyer distinction or "Trial Lawyer of the Year" award. They will also have won cases that are notoriously hard to try- such as those involving medical malpractice or suing large cities and school districts. After you choose your attorney, they should keep in constant contact with you and will normally handle the case for you.
If the driver that hit you is not insured- you may still be able to recover a personal injury settlement. Become familiar with your auto insurance policy. If you have "uninsured motorist coverage" this means your insurance company will pay your insurance settlement as if it were the other party's insurance company. This can help protect you in a hit-and-run accident where you can not find the driver or if the driver that hit you does not have car insurance and / or is underinsured.
It is rare that a personal injury case needs to go to court- most insurers wil settle outside of court to avoid expensive legal fees. However occasionally, an insurance company will refuse to pay the full value of the claim and your attorney may wish to bring the case to trial. Whether or not your case goes to trial, your attorney will prepare all condemning evidence, expert analysis and legal documents your case will need. This allows you to focus on healing and the recovery process. It is possible to represent yourself without an attorney- but those who represent themselves will usually receive a third of their case's full value and will be expected to be aware of all deadlines and processes as an attorney would.
If you receive a settlement, you may enjoy your personal injury settlement tax-free. The only portion of your settlement that can be taxed is the portion delegated towards lost wages and earnings.
