February 24, 2017 Personal Injury Lawsuits

Judge gavel, scales of justice and law books in courtIn a personal injury case, you have been injured by a person or entity due to their negligence. They failed to do something they should have done.

Say, for example, that a customer dropped a bottle in a grocery store aisle. The grocery store needed to clean it up quickly to ensure the safety of their customers. If they didn’t, and you fell and hurt your arm, you may have grounds for a personal injury lawsuit.

A personal injury suit can secure compensation to pay for medical treatment, including doctor’s visits, prescriptions, physical therapy, disability, and other damages that affected your quality of life. If you had to take time off work, you can recover lost income.

A personal injury suit can be filed in California as long as the injured party files within two years of the date the accident occurred. You and your attorney need to prove that the negligent actions of the defendant were responsible for the injuries you received.

All legal cases rely on evidence and information. There are seven crucial steps you can take that increase your chances of receiving fair compensation for your injuries.

Get concrete evidence of what happened

When you have an accident, take pictures or get a record of evidence about what happened immediately. If you have a cell phone that can take pictures, don’t be shy to snap the scene of the accident. The glass and liquid on the floor, for example, in the scenario above. Any area of your clothes and face, if they show injuries (rips to clothes; blood on you). Even the store employee coming to the scene with a mop after your injury. If the pictures are time dated, even better. If you don’t have a camera, keep any ripped or blood-stained clothes or other evidence.

Get medical treatment immediately

For any injury, the safest action is to get medical treatment right away. Save all records of doctor’s visits, ambulance rides, prescriptions, x-rays or other treatments, like surgery or physical therapy. Be sure to get the diagnosis.

Keep all medical receipts

Keep all receipts for medical and medical-related treatment related to the accident, both immediate and over a period of months. It’s a good idea to keep all these in one place. Include receipts for prescription drugs, physical therapy, doctor’s visits, emergency room visits, and follow-up treatment. Don’t forget mileage driving to and from the treatments. These receipts can provide the basis for compensation.

Communicate well with healthcare professionals about the nature of your injuries

Doctors and other medical personnel need accurate descriptions about how your injuries feel to diagnose them. Does your arm have a stabbing pain or a dull ache, for example? Did the injury affect your range of motion, or ability to perform job tasks? Be sure to describe all the feelings, symptoms, and effects.

Tell your physician and attorney about any prior medical conditions

If you have prior medical conditions that might be causing some of your injury, be sure to be forthcoming about it. Under California law, you may seek damages for an accident that exacerbates a previous condition. But your chances of being looked upon favorably increase if you disclose prior issues.

Let your lawyer know any new information

Keep in touch with your lawyer about any new information that might be relevant. Did your doctor order an MRI? Did you hear that other people have had accidents at the same store? Did your injury flare up and make you unable to drive?

Take a good negotiating stance

Being able to be patient and wait for settlement offers, or for initial offers to rise, is part of being a good negotiator. Work with your personal injury lawyer to receive the maximum settlement, which is often not the first one offered.

Speak to a personal injury attorney

If you’ve been hurt or lost wages because of another party’s negligence, reckless behavior or wrongdoing, it’s good to know the law is on your side. The Salamati Law Firm has successfully recovered millions of dollars in verdicts and settlements for our clients. We are an aggressive firm that will protect your rights.

Call us today for a free consultation.

Additional “California Personal Injury Lawsuit” Resources

  1. California Courts. Statute of Limitations, http://www.courts.ca.gov/9618.htm
  2. California Courts. Going to Court, http://www.courts.ca.gov/1094.htm