Of course, accidents can happen, but when you or a family member suffers a debilitating injury because someone else failed to do the right thing, you may be able to recover for your losses. After seeking appropriate medical care, you should consult with a reputable Miracle Mile personal injury lawyer. Having them on your side may ease your worries, provide confidence in your chances of success, and maximize the amount of compensation you receive.
Every case is unique – the facts, parties involved, and payment sources differ. However, most personal injury cases settle because it saves time and money. Still, filing a lawsuit may have some advantages, even when the object is to settle the case.
In personal injury cases, the responsible party often has applicable insurance coverage (e.g., auto, homeowners, general liability). The filing of a claim to cover the incident triggers an insurance company investigation. The insurer will attempt to obtain a statement from the injured person accounting their view of the events. This interaction may be the first place where injured persons make costly mistakes.
Discussing the case with an attorney as early as possible is always recommended. Attorneys can take the lead on providing statements and interacting with insurance companies. Their representation may avoid traps that might lead to inadvertent admissions of fault and lower damages amounts.
Insurance companies are businesses, and their bottom line is to make a profit. By settling cases quickly, they hope to escape the costs of going to court and keep settlement amounts to a minimum. To achieve this, they may pressure the injured to make snap decisions and accept lowball offers. A seasoned personal injury litigator may help slow down the process so those suffering can make informed choices that best serve their needs.
One of the tough decisions before an injured party might be if and when to file a formal lawsuit. California Civil Code § 1714(a) recognizes an individual’s right to sue someone when the other person fails to exercise reasonable care and causes injury. However, the injured person has a limited time to raise their allegations. California Civil Procedure Code § 335.1 sets a two-year period. If a plaintiff does not file their complaint within this window, they risk having their case dismissed.
A dismissal precludes a plaintiff from obtaining court-ordered damages and may also impact their ability to settle the case successfully. When the possibility of moving forward with a lawsuit is no longer an option, insurance companies may have less of an incentive to negotiate, and injured parties may need to accept lower compensation amounts. By working with a knowledgeable attorney in Miracle Mile, personal injury victims may avoid missing important deadlines and compromising their ability to receive just compensation.
California law allows persons injured by someone else to claim damages under Cal. Civ. Code §§ 3281 – 3283. The law defines the type of damages recoverable in Cal. Civ. Code § 1431.2(b) in terms of economic and non-economic losses. Items in these categories include, but are not limited to:
Cal. Civ. Code § 3294 also establishes the right to seek exemplary or punitive damages when a defendant’s behavior shows malice or reckless disregard toward others. With guidance from an attorney who regularly practices in this area, plaintiffs may embrace opportunities to identify fully the harm they suffered and receive complete restitution.
There are many pitfalls on the path to recovering compensation for your injury. A seasoned Miracle Mile personal injury lawyer may help you avoid these mistakes, give you the support you need during this challenging time, and lead you to a fair and just recovery. To start your journey, contact us today.
Benji Personal Injury – Accident Attorneys, A.P.C.