Do I Even Have a Legal Claim?
This is a great question and it is asked every time. Unfortunately, there usually is no easy answer. It usually requires a complete understanding of the facts and a thorough investigation which may take some time. However, sometimes it is clear right in the beginning that there is no claim possible. (There are some situations in which the law specifically disallows liability.) But also, there are situations in which liability is very obvious! Generally, civil law holds that a person who is injured has a legal claim against the party that "intentionally or negligently" causes the injury.
Intentional misconduct is obvious: the other party causes harm on purpose (like hitting someone and breaking their nose). Negligent misconduct is much more nuanced, but in general it refers to situations where someone acts "unreasonably". That is why we do not charge for the initial consultation, so we can sit down with you and learn your side of the story, and give you a fair appraisal of your situation and what options you may have.
Here is the good news. We offer free, no obligation consultations and are glad to answer any questions you may have and explain your legal options. Just give us a call. We can chat on the phone or meet by “zoom” video conference from the convenience of you home or office if you prefer.
Three Basic Requirements for a Personal Injury Claim
1. The responsible party was careless (negligent). For example, if a truck driver crashed into an innocent victim’s car because he was driving too fast for the road conditions, the truck driver, under the law, would be considered negligent.
2. The negligence caused the personal injury. In the above example, if the innocent victim sustained a broken arm and severe headaches as a result of the crash, the truck driver’s negligence would be considered to have caused the personal injury.
3. The injury resulted in harm (compensatory damages). In the above example, if the innocent victim’s broken arm and headaches resulted in medical bills, lost wages, and “pain and suffering”, the injury would be considered to have resulted in compensatory damages (i.e., damages for which an injured party may be compensated).
At the Phillips Law Offices we do charge for the initial consultation, so it is always a good idea to discuss the specifics of you injury with an attorney. IMPORTANT: the law imposes strict deadlines to either settle you injury claim or file a lawsuit. Missing one of those deadlines, called statute of limitations, can result in your claim be denied. These deadlines vary depending on the specifics of your case. Another reason why it is always a good idea to talk with an injury lawyer without delay. Give us a call, we will be glad to answer your questions.
Tips for Filing a Bodily Injury Claim
Some personal injury claims are more straightforward than others, and some factors will be out of your control. But there are some steps you can take to make sure there are fewer bumps in the road and that you receive full and fair compensation for your damages.
Get Treated Immediately!
Don’t wait until after you file a claim to receive treatment, as this could lead to further medical complications later on. Even if you feel fine, you might have injuries that aren’t immediately obvious. Be on guard for any new symptoms and keep your doctor informed of your situation just in case a medical problem arises later on and you need to file a bodily injury claim. It is also important to follow you health care providers instructions! You will have a faster recovery and the insurance company wont be able to say you are to blame for any problems down the road.
Document All Effects of Your Injuries
The type of injuries that you sustain in a car accident will have an effect on your compensation. For example, a broken arm doesn’t have the same long-term impact as a spinal injury. The more detailed your medical reports and documentation are, the more complete and fair your bodily injury claim will be.
Your final settlement should reflect all costs related to your injuries, not just medical bills, so you need to anticipate the financial hurdles you could face later on. These might include loss of future wages due to an inability to work or the costs of re-equipping a home to accommodate a resulting disability.
Statute of Limitations for Filing a Personal Injury Lawsuit- Hire an Injury Lawyer ASAP
The law imposes strict deadlines where a personal injury claim must either be settled or the lawsuit filed with the court. Missing one of those deadlines can be disastrous. The personal injury statute of limitations, or the time you have to file your personal injury lawsuit, applies to all personal injury cases. Your clock starts running as soon as you've been injured! Once the statute of limitations has run out, you lose your right to file a lawsuit, except in very rare circumstances. If there is any chance that your injuries are a result of another's negligence, consult a knowledgeable personal injury attorney as soon as possible to avoid missing key deadlines.
Phillips Personal Injury can help alleviate your worries by fighting for the compensation you deserve. Our Northern California personal injury firm is dedicated to helping you recover full and fair compensation, either through a negotiated settlement or a lawsuit in court. We use all of our considerable dedication, and courtroom skills to achieve the goal of full compensation for you, and our No-Fee Guarantee provides you with peace of mind as we represent you. You pay us nothing until we recover a satisfactory settlement or jury award through the courts. We invite you to call us today for a free consultation.