Victims of personal injury accidents often have several questions after sustaining injuries, including how to file a claim for compensation and how an injury case may proceed after a claim is filed. The best course of action after sustaining an injury during an accident is getting expert advice on the facts of your case by working with an experienced personal injury attorney. If you have personal injury questions, speak with a personal injury attorney in Huntington Beach with El Dabe Ritter Trial Lawyers to help you file a compensation claim.
Here are answers to frequently asked personal injury questions.
What to Do After a Personal Injury Accident?
After you are involved in an accident caused by another party’s negligence, there are several steps you can take to ensure you receive the compensation you deserve, including:
- Taking pictures of your injuries
- Visiting a doctor, following their care plan, and attending all follow-up appointments
- Writing a narrative of what happened while it is still fresh on your mind
- Creating a list of witnesses plus their contact information
- Following any other instructions from your attorney
How Much Is My Personal Injury Case Worth?
There is no consistent way to calculate the value of your claim, but you may be able to do an approximation. While approximating the value of your case, you should consider the resources of the defendant and their ability to pay.
The value of your claim includes economic damages — such as the cost of medical treatment, physical therapy, lost wages, and paying for the help you require around the home — as well as non-economic damages — such as pain and suffering. You can then multiply total economic losses by 1-1.5 for moderate injuries and up to 5 for severe injuries, which allows you to factor in non-economic losses.
What If I Am Partially At Fault For The Accident?
In some situations, you may have played a partial role in the accident that caused your injury. If you are found partially at-fault for the accident, you may still be able to recover a portion of what you would have otherwise recovered as long as you are no more at fault than the defendant. This is referred to as comparative negligence, and the jury is tasked with deciding how to assign fault between the parties involved in the case.
How Long Does A Personal Injury Lawsuit Take To Settle?
The shortest personal injury lawsuit cases resolve in a few weeks and without any formal litigation. Your attorney can directly work with the other party or their insurance company to reach a settlement agreement. In other cases, the claim may proceed to court, and the subsequent lawsuit can continue for a year or more. The more complex your case is, the longer you can expect it to take. However, you have some control over the length of your case, and it is ultimately up to you to reject or accept settlement offers.
What Is The Timeline Limitation Of A Personal Injury Case?
A statute of limitations refers to the maximum amount of time you have to file the lawsuit. If you fail to meet the deadline for filing a lawsuit, you relinquish your right to compensation after a personal injury accident. Each state has its own statute of limitations. In many personal injury cases, the limitation period is 2 years.
Can I File A Civil Lawsuit Without An Attorney?
Yes! You can file a civil lawsuit without an attorney. However, you must follow all legal requirements associated with filing for a claim or a lawsuit. The rules of discovery, admission of evidence, and civil processes also all apply to the defendant, regardless of whether they have legal representation.
While you can file a civil lawsuit without an attorney, the best way to ensure that you receive compensation is by working with an experienced attorney. Contact personal injury attorney Huntington Beach at El Dabe Ritter Trial Lawyers to schedule a free consultation.