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Most of the personal injury cases we deal with involve auto accidents. We also help people with animal bite claims, slip-and-fall, dangerous property conditions, and other injury cases. Each case is evaluated on an individual basis. If you have an injury-related problem and we cannot help you, we will find a highly recommended attorney that can.
A personal injury claim arises at the time you are injured by the fault of someone else. We formalize the claim with a letter of representation sent to the person who caused the injury or to his insurance company alerting them that our client has a claim. The letter states that the individual has been injured, expenses have been incurred, there has been pain and suffering, and possibly wage loss as well. It becomes a personal injury action when we file a lawsuit. Generally, there is a two-year statute of limitations on personal injury claims in California. If there is a government entity involved, the time period to make a claim can be drastically shorter. It is important to seek competent legal counsel early on to avoid problems with your claim.
The process to recover from a personal injury claim begins with the individual who is injured hiring an attorney. That person may then continue medical treatment by paying cash to their medical providers, or they may have insurance through their employment, a spouse, or parent cover their expenses. In some cases, there may be medical payments available from their automobile insurance, or we can help arrange for a lien so the individual can get medical care and payments won’t have to be paid until the case settles. Once treatment is complete, or the individual has reached the point where medical providers have stated that they’re not going to get better, or even if the individual is simply at a point where they’re ready to make a claim, we will then gather up all of the evidence, prepare a demand letter and send it to the insurance company.
The insurance company reviews it and comes back with a counter-offer in most cases and we, with the client, reach a number that’s amicable to both sides and settle. If the insurance company is not willing to make an offer that’s amicable to our client that compensates them adequately, then we will file a lawsuit and if we go to trial, we’ll have to ultimately let the judge or jury decide.
The evidence is one of the most important things in a personal injury claim. Without adequate evidence, it’s hard to make a case for the client. For example, if it’s your word against mine, then it comes down to who is more believable. On the other hand, if it’s your word against mine and against a witness, then, provided the witness is credible, the testimony of that person will support one or the other side. Other evidence that’s vital to a personal injury case is video, such as a red-light camera, a dash camera, or possibly videos from one of the stores that have surveillance and saw the accident happen. That information and evidence can be critical to show who was at fault and possibly the extent of the damage. Photographs show what the scene looks like, the conditions of the surroundings, and can show damage or dangerous conditions. If we’re dealing with a car accident, the extent of the damage of the automobile can lend credibility to the claimed injury.
Further, evidence provided by medical providers is used to support whether there was an actual injury, the extent of the injury, and whether the treatments were medically necessary for the person to recover. If you are claiming an injury but never obtain treatment from a medical provider, then there is not very much credibility to a claim for an injury.
A wage loss claim will also be needed to support a claim showing, for example, for the six months prior to the accident, the injured person was paid for 40 hours a week. Since the accident, however, he has missed work completely and now is only able to work part-time for the following six weeks before resuming full-time employment. That evidence would make it hard to refute whether there was a wage loss.
Any delay in treatment may cause the injury to become worse or you to lose credibility in your claim that the injury is related to the incident. You should seek medical treatment as soon as you know or feel an injury after an accident. If you wait too long, the insurance companies are going to attempt to deny that the injury was related to the accident. There are ways to justify waiting, of course. For example, let’s say you’ve made statements to third parties after the accident such as your employer. Statements like, “I’m a little sore. I am going to see if I can get over this without going to the doctor.” Then you wait a week, maybe two, before seeking treatment, your boss can corroborate that. In this instance, it would not be as damaging as just not seeking treatment altogether. Often when someone is involved in a car crash adrenaline is flowing. You may not feel the injury at first because you are in the fight or flight mode. It’s important to carefully evaluate yourself after an accident and to seek medical treatment as soon as you know that there is some injury.
The length of time to resolve a personal injury case depends on the extent of the injury. On average, we see cases resolve within two years. If treatment takes longer than two years, we can file a lawsuit to extend the period of time it takes to get a case resolved beyond the two-year statute of limitations, even if a lawsuit to settle is not necessary, however, the statute of limitations must be preserved. If a minor child, under 18 years old, is injured, the statute of limitations does not begin to run until they turn 18 years old.
For more information on Personal Injury Cases In California, an initial consultation with an experienced California Personal Injury Lawyer is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 or by filling out our convenient online contact form today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
