If you’ve been injured in an accident of some kind, then you’re aware of the costs that can be involved. Working with a Lake Elsinore personal injury lawyer can give your case the clarity and credibility that it needs. At Karlin & Karlin, we help injury victims seek what they are owed.
Medical bills, the cost of repair or replacement of property, and intangible costs like the pain and suffering or emotional distress you might be dealing with all take their toll on the injured. Compensation for those costs is owed by whatever party was at fault for the injury. More often than not, though, to get that compensation requires some firm negotiation and potentially even a court case.
In pretty much any personal injury case in Lake Elsinore, CA, whether a car accident, medical malpractice, a dog bite, or some other injury, the same basic form of proving fault is followed. Your lawyer will investigate your case and use things like the evidence they find, eyewitness testimonies, expert witness testimonies, and anything else that may be relevant to prove the three elements of fault or negligence. Those three things are:
The costs that are covered and compensated for in a personal injury case must be able to be traced back and connected to the injury that was suffered as a result of the breach of duty. That is the full connection that describes liability. The court refers to the payout, which covers these costs as damages. These damages are paid in typically two, and occasionally three, categories:
A: The deadline for filing a personal injury claim is set by the statute of limitations. In the state of California, the standard statute of limitations for personal injury claims is two years. However, there are a few possible exceptions to this rule. Depending on the type of injury, when the injury was discovered, who the defendant is, or if the victim was a minor, the deadline may be either extended or more limited.
While a lawyer can help you understand when a claim may need to be filed in your case, it’s generally a good idea to get a lawyer involved as soon as possible. The more time they have to prepare your claim, the better the outcome is likely to be.
A: If you’re injured in an accident, there are a few things you can do that can help your case and protect the damages that you could win. Some of these things include:
A: There are reasons to consider both the possibility of settling a personal injury claim and taking it to trial. It’s true that a trial may offer the maximum recovery that you could receive. However, many settlements are not necessarily much below that maximum, as it could be obvious to the defendant’s side that there is not much of a chance of winning, and taking it to trial would be a wasted expense.
Even with the possibility of being a little less, there are still some real benefits to settling instead of a trial. One of these benefits is that it gets you your payout sooner rather than having to wait months or even years for the trial process to be completed. Another benefit is that you avoid the risk of a trial not going your way, as a settlement is a guaranteed payout.
A: In most cases, there is no cap on personal injury claims in California. The one exception to this is the cap on non-economic damages in medical malpractice claims.
However, while there are no other caps, it is possible that your payout could be negatively impacted by California’s system of comparative negligence. This allows the defendant to present evidence of the plaintiff’s fault in the injury. If they are successful, then each party is given a percentage by the court that they believe fairly represents each party’s share. Given that it is pure comparative negligence, each party is able to collect damages from the other based on their share of fault.
Suppose an accident results in 80% of the blame being given to the defendant and 20% for the plaintiff. Then, the plaintiff can only collect 80% of their damage award from the defendant, and if the defendant had damages, they could collect 20% of that award from the plaintiff.
The other side of a personal injury claim is not just the person or institution that caused your injury. It’s usually that person’s insurance provider and their team of lawyers. It can be intimidating to face this kind of opposition. Fortunately, you can increase your chance for a successful outcome by working with a skilled, experienced personal injury lawyer.
At Karlin & Karlin, we’re used to taking on these kinds of opponents and standing up for our clients. We can negotiate a strong settlement for our clients, and if that’s not possible, take them to court. Contact us to discuss your case.
Fields Marked With An “*” Are Required
We Do have live operators 24/7 (English & Spanish)