what is a personal injury lawyer?

by Adrain Purdy 8 min read

What is personal injury lawyer?

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered.

How can a lawyer help you?

Lawyers do have skills, you know. There are some great ways they can help: Completes a professional investigation. Personal injury firms may have their own investigators document the scene of an accident, interview witnesses and develop theories about how the incident occurred.

What happens if an insurance company denies a claim?

However, if the insurance company denies the claim, it's possible that the only way for the victim to recover is by going through a full civil trial. Litigation is complex and requires close adherence to proper procedures and rules of evidence. This is not a task best handled by a novice.

What does a lawyer do when you are injured?

While you rest and heal from your injuries, your lawyer can fight for a positive case result for you.

What is comparative negligence?

A comparative negligence doctrine states that more than one party could share fault for the same accident. Rather than allotting 100% of the fault to only the defendant or the plaintiff, the two could split fault and the plaintiff could still receive a reduced compensatory award. In a contributory negligence state, a plaintiff will receive $0 in recovery if he or she was even 1% responsible for the accident. In comparative negligence states such as California, however, a plaintiff could be 99% at fault and still receive a portion of a compensatory award.

How long do you have to file a wrongful death claim in California?

Instead of having a time limit of two years from the date of the accident, you have two years from the date of your relative’s death to bring a civil claim in California. The only parties with the right to file a wrongful death claim are the decedent’s surviving spouse, domestic partner, child, parent or someone entitled to the decedent’s estate through intestate succession.

What are some examples of premises liability cases?

Premises liability cases, including slip-and-fall, trip-and-fall and negligent security claims. Dog bites. Construction accidents. Injuries and diseases caused by exposure to toxic substances, including instances of benzene exposure and asbestos exposure, which can cause mesothelioma.

How much can you get for medical malpractice in California?

The Medical Injury Compensation Reform Act states that if a medical professional or another health care worker caused your injuries in California, you can only obtain up to $250,000 in total noneconomic damages from the defendant.

Can you be injured in a slip and fall?

For example, a person may be injured in a slip-and-fall accident while in a grocery store. That person may have a personal injury case. If that person was in the grocery store while making a delivery as part of his or her job, he or she may also have a workers’ compensation case.

What happens if you miss the statute of limitations?

If you miss the statute of limitations for filing, for example, the courts in California could bar you from recovering. The rules that apply to your claim will depend on the case type.

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