Do I Have Grounds for a Personal Injury Lawsuit
Getting injured due to someone else’s negligence can be a painful and costly experience. Companies and people who cause accidents often deny responsibility for the injuries they cause. In some cases, they may admit to fault, but have insufficient insurance or no insurance at all. In other cases, the insurance company may deny your claim or offer you a paltry sum for your injuries.
You may have grounds for a lawsuit if you can establish that another party was at fault. Personal injury attorneys in Stockton can help you through the process.
It is worth it to speak to a personal injury attorney if you want to sue someone for injuring you. A consultation is typically free, and they can tell you if legal action is worth your time. There are a few basic things an attorney will take into consideration during this talk.
What Evidence Do You Have?
When you experience an accident, you should take pictures and get the names and numbers of any witnesses.
Make a copy of every medical bill you have and save the receipts from any medications that you have to take. Get your employer to write you a letter saying the amount of money that you have lost due to missed time at work.
Did The Other Person’s Negligence Cause Your Injury?
If you have been in a car accident, the evidence you collect may show that the other driver was not obeying traffic laws when the accident occurred. To receive compensation, you must establish that their actions actually caused the accident to happen.
The insurance company or the lawyer for the other party may try to show that their client’s actions did not cause the accident to occur. For example, the other driver may have been speeding, but they may try to argue that the accident would have occurred due to other circumstances such as obstacles on the road, weather conditions, or negligence of other drivers.
They may also try to show that you are partially at fault for the accident. California is a pure comparative fault state when it comes to insurance. That means that each party involved in a collision is responsible for the portion of the accident they caused. If you were 20% at fault for a crash and the other person was 80% responsible, you could collect 80% of the money owed for your medical bills and they could collect 20% of the cost of their medical bills from your insurance company.
Does the Amount of Money You Are Owed Justify a Lawsuit?
If you feel that the amount of money an insurance company has offered you is not fair, you can hire an attorney to negotiate a better settlement amount. If they are unable to negotiate an amount that you feel is fair, you may consider a suit.
Most injury attorneys work on a contingency basis. That means they only get paid a percentage of what they recover for you. If the award you stand to win is not particularly high, your lawyer will not receive pay that is worth their time.
They will look at the evidence you have and see if it is worth investing hours researching the case, hiring expert witnesses, and dealing with the court system. Personal injury cases rarely make it to court. If you collect good evidence and hire an injury attorney with plenty of experience, you may have grounds for a lawsuit.