When an injury occurs as a result of someone’s negligence or intentional act, a personal injury case arises. The injury could be physical or psychological, such as stress. Personal injuries could result in high costs, including medical treatment. Thus, one has the right to claim for compensation under the law, by registering a case against the wrongdoer. With the help of a good Los Angeles personal injury attorney, the victim can negotiate for the right settlement that they deserve. Because of the nature of a personal injury lawsuit, and the processes involved, the case may take a while before being resolved.
Proof of Negligence
Before the settlement is awarded, the complainant must prove that he or she was not at fault and that the third party caused the injuries. The victim has to show that the defendant owed a duty of care to them and that under the circumstances, they failed to fulfill the duty, thereby causing the victim to suffer damages and loss. For instance, in a car accident, the victim has to show that the accident occurred due to the negligence of the defendant before they can be granted compensation.
Normally, personal injury cases fall under the jurisdiction of the state court, unless the parties involved in the case live in different states. The victim’s lawyer is required to come up with a legal complaint which contains the allegations leveled against the defendant. When summoned, the lawyer will state the complaint, and list of damages. The defendant is usually given 30 days to submit an answer, otherwise, the complainant can seek a default judgment against them. When the legal proceedings start, the defending lawyer will be given copies of the damages, and the total cost will be determined. An expert can even be called by the defense lawyer to state whether the amount is reasonable or not, which will take more time. An investigator may also be hired to determine how the events unfolded.
During the trial, the victim will get a chance to present their side of the case and the defendant will get a chance to refute it. Sometimes, the defendant can accept responsibility for the accident but will not agree with the extent of the damage and injuries. This is one of the many complications that can arise in a personal injury case. After both sides have exhausted their arguments, the judge will decide who is legally responsible for the accident, and how much money should be compensated. Thus, the case wholly relies on the expertise of personal injury attorneys.
Contact A Personal Injury Lawyer Today
The El Dabe Ritter team of personal injury attorneys has over 30 years of combined experience, assisting people seeking compensation for accident injuries. The team provides aggressive and expert legal guidance necessary to win the best settlement possible. Their expertise, knowledge and personal service are unmatched. For every case, prompt investigations are carried out, the evidence is gathered on behalf of the client, and the case is prepared. Where necessary, negotiation, mediation and arbitration are carried out, as long as they benefit the client. Furthermore, they work on a contingency fee basis, meaning they will not charge a fee unless they win the case. The firm has one of the highest success rates and the attorneys come to the victim’s location to explain their options. Anyone in need of a personal injury can fill out a form in the website to get a free consultation. Contact El Dabe Ritter for your personal injury.