Life is pretty unpredictable. One minute you’re healthy and bubbly, the next one you are nursing an injury due to someone else’s negligence. But the fact that life is unpredictable does not in any way reduce the pain and confusion that may arise when you find yourself in harm’s way due to another person’s negligence. If you’ve recently been injured and it is someone else fault, then you may have a viable personal injury claim. That is why below we unpack all you need to know about personal injury cases.
What is a Personal Injury Case?
A personal injury case refers to a lawsuit that arises when an individual suffers harm in an accident or incident due to another person’s negligence. In that light, personal injury law, also known as tort law, aims at offering compensation to victims of accidents that occur due to another individual’s negligence or, rather, wrongful conduct. Personal injury cases may arise due to;
-Motor vehicle accidents-Premise liability
-Medical malpractice
-Defamation
-Assault and other intentional acts
-Dog bites
The Legal Elements of a Personal Injury Case
Although personal injury cases seek to compensate victims of wrongful conduct, they’re not straightforward as they may sound. To start with, they are subject to the statute of limitations. Usually, victims are required to file their claim within two years after the accident. Failing to file the claim within this window means they lose the right to ever seek compensation. Also note, although personal injury cases seek to compensate victims for their pain and suffering, they may sometimes share the liability for the accident. For instance, if an accident is caused by a drunk driver and the victim was on their phone, they may be partially responsible for the accident, and as such, they may get reduced compensation.
The personal injury Claim Process
If you’ve been injured in an accident that is a result of someone else’s wrongful conduct, you may have a viable personal injury claim. But given the complexity associated with cases in this category, where do you even start? Well, while every personal injury case is unique, the typical claim process at RS Law Offices usually goes as follows:
Get Medical Treatment
Getting medical help is the first thing you should do after you get injured. What this means is you should not hesitate to visit the hospital even if you only have minor injuries. Failing to get Medical treatment creates the impression that your injuries are not serious, and may result in you not getting rightful compensation.
Consult Our Personal Injury Lawyers
As noted, personal injury cases can be quite complex. To get the compensation, you must prove negligence by proving that the defendant owed you a duty of care. You must also prove that they failed to execute this duty, and your injury or loss is a direct result of their negligence. Remember, you may also find yourself in a situation where you share the liability. Therefore, while it’s possible to handle a personal injury claim yourself, it’s never a good idea. Meet with one of our highly experienced personal injury attorneys for a free and confidential consultation.
The Investigation Process
When you decide to hire RS Law Office, our proficient and hospitable lawyer will initiate the process by compiling all your medical records, bills and other documents relevant to the case in hand. They will also send these documents and a demand letter to the defendant’s insurer.
The Negotiation Process
Note, a personal injury case may settle outside court if the defendant’s insurance company makes offers. At RS Law Offices, we have your best interests at heart, and our goal is to get you the compensation you deserve. You can rest assured we will not pressure you into accepting any offers. We work at your own pace, and give you the ultimate authority to accept or reject any settlement offers by the defendant’s insurer. If you find the offer appealing, our attorney will then guide you through settlement. If you do not like it, then with the help of our attorney, the case proceeds to trial. Get in touch with us today to get started.
blogs
The Most Common Types of Motorcycle Injury
The Most Common Types of Motorcycle Crashes According to the National Institute of Health, there are four main types of motorcycle crashes. Distinguishing these by category helps determine patterns that can later be used to help treat such accidents. The four main types are: The Most Common Injuries on a Motorcycle In the same study, […]
Do Lemon Laws Apply in Auto Dealer Frauds
Most state and federal laws penalize fraudulent marketing, sales, and financing schemes. Knowing your rights and if the state’s lemon laws apply is critical to getting compensated. We explain more about auto dealer frauds, the different types, and the best time to hire an attorney. What is an Auto Dealer Fraud? It’s an unlawful and […]
Driving on the 101
Living in California, there is a big focus on driving. With everyone rushing off to work, sitting in traffic, or getting around to see people, it can be easy to forget how much fun the open road can really be. As we swing towards the end of summer, you want to set aside some time […]
Accidents with the Uninsured
Let’s say the worst happens and you find yourself in a serious car accident. Even if everything after the crash goes according to plan, it is a difficult and confusing process. But if you add to all this the fact that the other person is not insured, you could be left facing an absolute nightmare. […]
Benefits of a Dashboard Camera
As we all know, the streets and highways of California can be a wild place and accidents can happen. Collisions can range from disorienting to terrifying, and reconstructing the events around a crash can be a challenge in some cases. While there are more street and traffic light cameras than ever before, obviously not every angle of […]
Winter Bicycle Riding Tips
With cold winds in your face and slick surfaces to navigate, the winter is not the ideal to ride on your typical bicycle. Many of us use a bike as our regular transportation, and some of us have our bikes tricked out for winter riding, as well. In order to make the most of your […]
Get Personal Injury Help in Southern California and Arizona from RS Law Offices
If you live in Southern California or Arizona, and you’ve been injured in an accident, you may have a right to seek compensation. If you’ve suffered a personal injury, you’re going to have some questions, and navigating those concerns is all but impossible to do on your own. You not only have a right to […]
Defensive Driving in Arizona
Learning to drive defensively can be an effective skillset for any driver, anywhere. With collision-related deaths in Arizona going up from 2019 to 2020, from 980 to 1,057, now is a good time to keep in mind your safety and the safety of those around you while on the road in Arizona. Of course, many […]
Winter Slip and Fall Accident Tips
Whether your winter is cold and snowy or just plain cold, winter is a time when slipand fall accidents are increasingly likely. Cold, wind, ice and snow are problems on their own and when they combine, it’s a perfect storm of injury possibilities. Typically, these conditions result in bruises and bumps, but there’s always the […]
Four Surprising Myths about Motorcycle Accidents and Injuries
Motorcycles have become a pretty popular way to get around in the country. In California alone, there are over 790,000 registered motorcycles. This number is set to increase as more people choose the convenience and the fun that comes with getting around on a motorcycle. But despite these increasing numbers, there are countless myths and […]
contact form
