Every personal injury case is a bit different. The common thing between them all is that it can be complicated to prove liability and how much the damages should be. Such cases involve an individual getting injured due to the negligence of a person or company.
There are many different types of personal injury. These include the following: road accidents, slip-and-fall, product defects, dog bites, dangerous drugs, toxic torts, libel and slander, and accidents involving rental property.
Any individual who has been injured as a result of another person’s or a company’s negligence may file a lawsuit. Alternatively, a family member who has legal power in regards to the individual may file on his or her behalf, if he or she is a minor or there is some other reason it is not possible for the person to file.
One of the most important things that must be shown in a personal injury case, is that the individual or company has a standard of reasonable care that must be upheld. This is different for each situation, though a person or company still may be held responsible if there is a low standard in place.
No, there are other things that may be used as a basis for liability. For one, strict liability is something that is becoming more common. It is mainly a part of personal injury cases against manufacturers, and it means that it does not have to be proven that there was any negligence on the part of the company, only that someone suffered an injury from the defective product.
Personal injury cases typically are matters of unintentional harm to a person. However, in some rare circumstances, people have filed claims in a civil court against parties that committed harm intentionally. This type of tort usually is brought to criminal court.
It depends on several factors. The main elements that have to be proven are that the party is liable, stemming from whether or not the person or company failed to meet a standard of reasonable care. A competent lawyer will look at the details of your case to see if this element is present, as well as the other party likely can mount defenses to your claim.
Though you may think that you have the knowledge and determination it takes to conduct your own case, you should consider hiring the services of a legal team. Personal injury is a tricky practice area. You need the help of someone who knows the ins and outs of what is involved, and who can put together your case to give you the best possible chance of success.
Your initial consultation with Gharibian Law will be entirely free. After that, it all depends on whether you settle out of court and how many hours the legal team works on your case. We do not charge you until we win the case for you.
In the instance of an automobile accident, insurance adjusters may ask you to make a recorded statement about the incident with them. This is unwise to do until you speak with an attorney. Saying certain things can harm your case, so if you plan on giving an official report prior to speaking to your lawyer you should find out what you should and should not include in the statement.
It is best if you wait until you have a lawyer’s assistance. The insurance adjuster will work to offer you the minimal amount for the benefit of company profits. You don’t want to settle for less, and your lawyer will help you get the maximum amount possible.
It is crucial that you pay attention to the time frame. There is a statute of limitations when it comes to personal injury cases. This time frame differs in each state, though it usually is no more than 3 years from the date of the incident.
The amount varies based on specific factors. Your lawyer will examine the details of your case, including the medical bills directly related to your injury, lost wages and other relevant figures to determine the amount to request from the other party. However, you can choose to settle out of court to save time and court fees, which happens with many cases.
When you settle, you agree to accept a certain amount of compensation without having to go to court. The lawyers on each side handle the paperwork and the victim is awarded their financial compensation. This is preferable for many reasons, including the fact that it saves time and money for both sides.
No, this only happens in criminal cases. However, in some rare instances the judge may demand that the guilty party pay punitive damages.
Once you decide to file, you should find a reputable law firm or attorney in your area. Ask around for recommendations. Gharibian Law is a top notch law firm serving the Encino, California area. Call and ask for your free consultation today.