Personal Injury Information Sheet

A personal injury case is often complex because of the number of factors involved. After a person is injured, there is a prescribed legal process that takes place to determine whether someone else may be legally at fault. The injury may have been due to an accident caused by someone else’s negligent or intentional action. Injuries from car accidents, defective products, slip and fall incidents and dog bites are the most common type of personal injury cases. Sometimes, these matters include accidents in which the victims sustained serious, catastrophic injuries. When an accident victim succumbs to injuries, the family may pursue justice in a wrongful death case. In all types of injury situations, a personal injury attorney represents the victims’ interests to help the victim and their families obtain justice through the legal system.

Preparing for a Personal Injury Case

It is natural to want justice after you or a family member has been seriously injured in an accident or due to someone’s negligent actions. The law provides injured victims with an opportunity to recover monetary damages. To have the best possible chance for a successful outcome, it is necessary to build the personal injury case carefully. To begin, soon after the injury, you should discuss the situation with a qualified personal injury attorney. Your lawyer can help guide you through the process and help you achieve your legal goals. The attorney will handle legal details and strongly advocate for your interests.

In addition to working with a lawyer, you will want to begin dialogue with your doctor and others who treated your injuries. Medical records along with a detailed treatment plan will be necessary as evidence in the case. In preparing for a personal injury claim, your actions are important. Anything you say and do may be used to counter your injury claim. It may also be wise to refrain from speaking about the accident. Making statements or posting pictures online may also jeopardize your case. Completing these actions and following the guidance of a skilled personal injury attorney can help you achieve the best possible outcome.

Obtaining Financial Compensation after an Accident

One purpose for a personal injury claim is to ask the court for monetary compensation for losses incurred in an accident. The injured accident victim is the plaintiff in a personal injury lawsuit. The defendant is a person or a business, government agency, or any other entity or organization that could be held liable for wrongful actions which caused injury. The monetary compensation awarded by the court is called “damages.” Depending on the circumstances and injuries sustained, the victim may be able to sue for economic and non-economic damages.

Compensation for a personal injury claim covers your out-of-pocket costs related to medical treatment for your injuries. Damages from an accident claim may include other economic damages such as future medical bills, property damage repairs, rehabilitation expenses, nursing care, physical therapy, and lost wages. Non-economic damages that might be recovered include intangible losses such as pain and suffering, loss of consortium, and mental anguish.

Negotiating with Insurance Companies

Generally, the insurance company will want to resolve a personal injury claim quickly by offering a very low settlement to the victim. For these reasons, we advise our clients to not discuss the situation with the insurance company representatives. As experienced attorneys, we have dealt with insurance adjusters in a wide range of situations. We understand this process and the way to reach a higher settlement.

A number of factors are considered before a settlement amount can be determined. A skilled personal injury lawyer will analyze the nature and extent of your injuries along with the amount of insurance held by the person who caused the accident. The circumstances related to the accident and the impact of the injury on the victim’s life will also be examined. An attorney can strengthen your case and help you obtain the best possible settlement.

Dealing with Wrongful Death

A wrongful death lawsuit is a legal claim brought forward after a person dies because of another person’s actions. It is often an emotionally trying time for family members seeking justice after a loved one passes. A highly experienced personal injury attorney can carefully guide your family through this process. Getting justice may bring a sense of peace to the family knowing the harm might be stopped so that another family is spared the same anguish of losing a family member in such a tragic way. Wrongful death lawsuits are civil law claims.

Family members can bring legal action against all responsible parties when the deceased has been killed due to the negligent, reckless or intentional actions of someone else. Compensation for economic and non-economic damages may be awarded for lost income, pain and suffering, loss of household services, and burial or funeral expenses. A spouse or domestic partner can sue for loss of consortium (companionship). When determining the amount of compensation in wrongful death lawsuits, the court may consider the future earning potential of the victim and the victim’s life expectancy.

Contact an Experienced Personal Injury Attorney

The Law Offices of Robert Baskin helps victims and families explore legal options after a serious accident or injury. Our personal injury lawyers offer experienced and compassionate representation while advocating for your interests. Our law firm accepts personal injury cases on contingency. Clients are not asked to pay upfront for attorney fees. Call (805)-658-1000 and arrange to have a free consultation in our office. We can help you understand your rights and help you navigate the path toward justice and compensation for your injuries.