September 6th, 2021|
If you’ve been in an accident, you may be wondering if a personal injury lawsuit seeking damages is right for you. The California personal injury lawyers at Berg Injury Lawyers can help you navigate this process to determine if you are eligible to file a claim and get you the compensation you deserve.
What Is a Personal Injury Claim?
A personal injury claim is a legal dispute between two or more parties, with one party alleging that another entity is responsible for their injury through intentional action or negligence.
You can file personal injury claims to cover medical bills, travel costs, pain and suffering, lost wages, property loss, and loss of enjoyment or consortium, among other expenses.
Common Outcomes for a Personal Injury Claim
Formal lawsuit: In a formal lawsuit, a private citizen (called a plaintiff) files a civil suit against the individual, business, or government entity (called a defendant), alleging them of intentionally causing harm or causing harm through negligence.
Informal settlement: An informal settlement is the most common outcome. The involved parties negotiate a written agreement in which the defendant pays an agreed-upon amount in damages on the basis that the injured party will not pursue additional legal action for the injury.
Personal Injury Claims in California
California follows comparative fault laws, which means that there can be multiple parties at fault in the event of an accident. So, even a partially at fault victim can file for personal injury claims and win compensation.
Factors Determining the Success of Your Personal Injury Claim
Several factors determine the success of your personal injury claim.
● Proof of Fault
The most significant factor in whether your personal injury claim succeeds is the type and amount of evidence you have to prove another party is at fault, whether through intentional action or negligence.
Following an accident, take video or photos of the area and any injuries if you are able. Collect witness information and file a police report to start a paper trail that can be used to support your claim. Immediately seek medical attention and keep a record of medical documents to use as evidence.
● Severity of Harm
The severity of your injuries can influence the outcome of your personal injury claim. Victims with broken bones, traumatic brain injuries, and spinal damage often win larger settlements due to the complexity and length of treatment. It is also easier to prove that these injuries were sustained during an accident.
● Degree of Disruption to Daily Life
If your daily life has been inconvenienced by the accident, you are more likely to get a larger settlement from your personal injury claim. For example, limitations to doing daily tasks, like walking or working, are more severe than limitations such as no longer being able to participate in social sports or hobbies.
● Type of Treatment and Length of Recovery
Trips to the doctor and hospital stays (as long as reputable medical professionals advise them) are more likely to lead to larger settlements. The duration of treatment, especially treatments that include follow-up appointments and medication, can also impact the result of the settlement.
● Degree of Emotional and Mental Trauma
Often accidents result in emotional or mental trauma like anxiety, depression, or post-traumatic stress disorder (PTSD). The presence of emotional and mental trauma diagnosed by a licensed medical professional can factor into the success of your personal injury claim. However, these types of trauma are often harder to prove since they cannot be seen.
Personal injury claims are a type of torts law, and the majority of these types of cases are determined by precedence or the results of previous cases.
Discuss Your Injury With a Personal Injury Lawyer
If you’ve been injured in an accident and are dealing with a personal injury case in California, the personal injury attorneys at Berg Injury Lawyers are here to help. We can negotiate with insurance companies so that you can focus on recovery.
At Berg Injury Lawyers, you won’t pay us until you win your case, whether it goes to litigation or an informal settlement. Contact us today for your free consultation.