Does My Injury Warrant Filing a Claim?
In many cases, you can use your own judgement to decide if your injury is eligible for restitution. That said, if you are uncertain you should definitely consult with an attorney. Injuries are not always caused directly by another person. If, for example, you were bitten by a dog that escaped its owner’s yard, you could have grounds for a dog bite lawsuit. Similarly, if you are having health problems and discovered there was black mold in your home, a premises liability suit may be possible. At our firm, we know injury victims have questions. That is why we provide free consultations so we can assess clients’ cases.
What Can a Rancho Santa Fe Personal Injury Attorney Do for Me?
Many people believe that their injury was obviously someone else's fault and it will be easy to convince a court of that. It is an understandable feeling, but consider the experience of your opponent before going forward. Most people fighting personal injury claims are businesses and insurance companies. They anticipate at least one of these suits to come eventually and take great pains to defend their interests. Insurance companies train brokers to entrap people into admitting fault in an accident to mitigate or void their claim.
When you have an attorney on your side, we deal with the insurance companies for you.
Should I Accept Payment from an Insurance Company?
If you were injured in an accident such as a car wreck, the insurance company of the person responsible may offer a payout right away—be wary of this, as a quick offer may be a low-ball one attempting to get you to accept the lowest amount as soon as possible. If the compensation was not enough to cover your medical bills or seems extremely low, talk with a lawyer right away. Our team is experienced in handling injuries claims and can help you assess whether or not an offer is fair and favorable.
Will My Case Go to Trial?
Most personal injury claims are resolved through settlements and do not require trial. A competent attorney will ensure that the settlement is more than enough to cover damages for their client—or take the case to trial. Sometimes, however, an agreement cannot be reached. At LiMandri & Jonna LLP, our attorneys prepare all of our cases as if they are going to trial. Many of our cases are resolved in a settlement before trial, but we have the experience necessary to try your case before a judge and jury if the opposition is being unreasonable.
What Can I Obtain from a Personal Injury Lawsuit?
There are several damages you could recover from a personal injury claim, including:
- Medical bills
- Pain and suffering
- Loss of income
- Emotional distress
- Wrongful death
- Punitive damages
Damages entitled to the injured vary from case to case.
How Long Do I Have to File a Personal Injury Lawsuit?
This varies depending on a few factors—the first of which is the statute of limitations. In California, the statute of limitations for personal injury is two years. If your injury was the result of an accident, you have two years after the accident to file suit. Make sure you report the accident immediately. People often do not realize they were injured in an accident until a few days, or even weeks after.
Conversely, if your injury is a health problem—like cancer—that resulted from slow exposure to toxins over time, you can file your claim within two years of the initial diagnosis.
If you have more questions or are ready to build your case, feel free to reach out to our Rancho Santa Fe personal injury lawyers at (858) 247-3828.