After suffering a moderate or serious injury, you should visit the doctor to determine what further medical treatments you might need. You should also think about the series of events that lead to you being injured in the first place. Was the injury your own fault or was it the fault of someone else. If someone else caused your injury, they might be liable for your medical bills, loss of income, pain and suffering, court costs and various other expenses.
Even if you believe that your clumsiness lead to your injury, there may have been something wrong with the premises that lead to your injury. When property is used in the manner in which it was intended, the property owner is responsible for any damages that occur as a result and you should get in contact with a personal injury attorney of San Diego.
Write down the events that occurred during the accident. This narration should only be given to your personal injury attorney in San Diego because anything you say could potentially be used against you. Try to determine the grounds for the lawsuit with your personal injury attorney. Make sure to consider whether you would like to press charges because you forfeit your right to do so if you accept a settlement.
A personal injury claim will often require a lot of evidence. This includes witnesses that saw the accident, photographs of the injury or of the accident itself, medical bills, medical records, evidence of wages and testimony from the defendant.
Those who will have a lawsuit filed against them need to be notified. If you file your claim more quickly and let the defendant know that you have a claim, you will be able to resolve the case possibly under a shorter time frame. After giving notice that you intend to file a lawsuit, you are not required to file the lawsuit and can choose to drop the case. However, it is best to do this after consulting with a personal injury attorney.
There is a statute of limitations in every state regarding how long you can wait before you can file a lawsuit for an injury. After the statute of limitations has run out, you can no longer file a lawsuit. File the lawsuit within a year for private lawsuits and within 60 day if you are filing a lawsuit against a government employee. The time limit begins on the day that the injury occurred.
Even if you still have time to file a lawsuit, you should not wait too long because time has a way of making evidence disappear. Witnesses become more forgetful and physical evidence of the damages can fade with time. This can lead to the personal injury case not being very strong. When working with your personal injury attorney, be sure to be completely honest so that the attorney will be able to build an effective case.
Personal injury claim are primarily based on negligence theory. This is based on the ideal that the defendant owes a duty of care to a victim and that the duty of care was breached. As a result, the plaintiff suffers damages and the defendant is responsible for taking the steps necessary to make the plaintiff whole.
A second consideration is whether the plaintiff is experiencing pain and suffering. Even though the pain and suffering might not have cost the plaintiff money, most states would like to punish the defendant for causing damages by hurting the defendant in the pocketbook, with the hope that this approach will deter the defendant from making poor decisions in the future.
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