May 29 2015

California Personal Injury Attorney Explains Important Factors in Your Case

doctor talking California Personal Injury Attorney Just as you will potentially vet a California personal injury attorney, he or she will also assess you and your case. A California personal injury attorney will want to be reasonably certain that your case will be successful. Below is a list of factors that a personal injury lawyer will consider before agreeing to take your case.

Timing of the Accident

A California personal injury attorney will want to know when the accident occurred. While the answer to this question may affect liability issues such as if there was precipitation on the roadway, a primary reason for asking this question is to determine if the statute of limitations has expired or is about to expire. A lawyer cannot file a case after this point, and being on a very tight deadline can make the case more difficult.

Liability

Additionally, a California personal injury attorney will want to be sure that liability is clear on the defendant’s part. Preferably, you did not help contribute to the accident or conduct any activities that could give rise to a presumption that you helped cause the accident, such as engaging in distracted driving or drinking immediately prior to driving. Witnesses who observed the accident, surveillance at a nearby location or a criminal traffic charge lodged against the defendant can help bolster liability in a personal injury case.

Defendant

In order to recover for your damages, you must be able to show that another particular person or entity was liable for the accident. This may be another driver, the owner of the vehicle, an employer or a manufacturer of the vehicle. In some cases, multiple defendants are partially to blame for the accident. If the driver did not have insurance or assets, another party may be named if that party shared in liability.

Damages

You must be able to substantiate your request for compensation. For example, you can provide a bill or estimate from an auto repair facility to show the amount of property damage you sustained. Employment records can help substantiate the value of the time that you lost from having to recover from your injury and miss work. Medical bills can help demonstrate the medical expenses you incurred because of the accident, as well as a request for damages related to pain and suffering. You may also need testimony from an economist to estimate how the accident has affected your lifetime earning capacity if the accident left you disabled or otherwise unable to return to work.

Legal Assistance from Our California Personal Injury Attorney

If you would like more information on other factors a California personal injury attorney will consider, contact Russell & Lazarus APC by calling (949) 851-0222.

 

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