A serious personal injury can have devastating consequences for the injured person and their family. Dorfman Law Office can help you with your personal injury case. For injury victims, cases are most often handled on a contingency basis, meaning attorney fees are paid out of the recovery when the claim or case is over.
IMMEDIATE ACTION IS REQUIRED
It is very important to contact an attorney as soon as possible. It is easy to wait, especially when undergoing treatment or while in significant pain, but it is a mistake. Some types of cases have very short claim filing deadlines. Missing the deadline can mean completely losing your right to compensation for your injuries. Evidence of the cause and extent of the injuries must be obtained and preserved. Whether your case has to go to court or not, in order to obtain the best result, there must be a strong factual foundation. That may not happen if your attorney can not get started soon enough. Witnesses can die or move away. Physical evidence can be lost or destroyed. Memories can fade if statements are not taken near the time of the events. So, although it may seem inconvenient and not as urgent as other daily challenges, make the effort to get in touch as soon as possible.
WHAT MAKES A PERSONAL INJURY CASE?
A personal injury case is made up of two required elements: “Liability” and “Damages“.
“Liability” is the legal basis for holding a person or entity responsible for injuries to a person. Simply put, it is the legal reason we say someone is at fault or to blame for the injuries. A very common example is an automobile collision. If a driver drives carelessly, and causes an injury to someone, they are “liable” for the injury. California uses a system of “comparative fault”, so that something less than 100% liability is possible. While automobile related injuries are very common, liability for personal injuries can be based on many different situations, such as a dangerous condition or failure to maintain real property, dangerous products, dog bites, or intentional acts.
“Damages” refers to the results of injury which the law allows to be compensated. Damages are called either “special” or “general”. “Special Damages” are money damages, such as lost income, medical bills, and other expenses attributable to the injury. “General Damages”, commonly referred to as “pain and suffering”, are damages allowed for the significant personal impact resulting from an injury. The value of a personal injury case depends on the documented special damages, the strength of the case for general damages, and the percentage of fault which can be proved.
Remember, the best time to have your case evaluated is right away.