Suing For Personal Injury

by Nephi Malit

A broken or severed limb, facial scarring or disfigurement, a chronic illness developed due to unsafe work conditions: all these have two things in common. They are all injuries that can drastically change your life; and all too often, the victim has another party's negligence or incompetence to blame. If a relationship of blame can be established between the negligent party and the injury, the sufferer of the injury may have the right to monetary compensation for their troubles.
One of the most serious mistakes any personal injury claimant can make is to file or collect a claim without first consulting a legal professional, especially when the party who is liable has legal representation. Doing so is setting oneself up for disaster. The legal system is a complicated process, and a layperson may not be able to represent his or her interests best. As a result, victims who choose to file without legal representation may be pressured into an out-of-court settlement, be forced to settle for a significantly lower amount of compensation, or may even be deprived of compensation altogether. For these reasons, it is imperative that a victim seek legal help. A personal injury attorney may be able to help a victim answer the following questions:

Who is to blame for my injury?
A legal professional, like an Irvine personal injury attorney, may be able to help you determine who to sue. At times, it may not be as obvious as you think, and as a layperson, you may overlook certain aspects of your case, resulting in monetary compensation that is significantly less than what you could have received with legal help.

What is the full extent of the effects of my injuries?
In order to receive maximum compensation, it is important to know exactly what you will be demanding compensation for. Medical expenses, lost income, loss of quality of life, pain and suffering: all these factor into how your compensation will be computed.

Can blame be established in court?
Sometimes establishing blame is not a simple matter. Even if you know for sure who is at fault, if your case stands on shaky legal ground, some defendants may try to absolve themselves of responsibility concerning your injuries. It is important to hire an accident lawyer who will make sure that fault is established and compensation is given.

If my personal injury suit is successful, how much to I stand to receive?
Another important consideration when deciding whether or not to sue, the amount of compensation you may stand to receive is an issue that may answer other questions, like the practicality of a lawsuit, and whether it is worth your time, money, and effort.

Should I agree to an out-of-court settlement?
Sometimes, the liable party (or their insurer) will offer an out-of-court settlement to (a) avoid costly and time-consuming court proceedings, (b) avoid bad publicity, (c) avoid attention that may result in getting hit with similar lawsuits in the future, (d) pressure you with a "take-it-or-leave-it" approach, or (e) avoid paying larger amounts for compensation that their legal counselors assessed were a possibility, should your case reach court. Although time is of the essence when it comes to filing a personal injury lawsuit, you should never hastily sign an out-of-court settlement without getting legal advice first. A personal injury attorney can help you decide whether an out-of-court settlement is a good choice.

What documents/evidence should I prepare?
It is important that you carefully document everything concerning your case. Keep track of the state of your injuries, take note of any pain or symptoms you may feel, keep medical receipts, and take relevant photographs. A personal injury lawyer can help give you advice on how to gather evidence and make a strong case.

About the Author
In any personal injury case, it is important to always get legal representation. A specialized personal injury lawyer will know how to gather data and evidence, how to deal with insurance companies, and, if things come to court, how best present your case. If you need a Orange County personal injury lawyer, you will want only the best attorney representing you. Joseph Tosti has been practicing personal injury law for over two decades, and has won huge victories in the personal injury lawsuit area. Visit californiaaccident-injuryattorneys.com to learn more.