F.A.Q.'s (General Considerations)
What is a personal injury claim?
In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. "Personal injury" is a term that encompasses claims by individuals for damages to their health, and emotional well-being. You are entitled to compensation for your injuries if it is found that someone was negligent and such negligence was a cause of your injury. California follows a pure comparative negligence rule: a persons's negligence reduces one's recovery but will never bar recovery. A person's own negligence diminishes his or her recovery by his or her percentage of fault.
Whether or not you are entitled to compensation may depend on the type of accident that caused the injury. For example, workplace injuries generally are covered by worker's compensation, which compensates for medical expenses, temporary disability, permanent disability, and rehabilitation services without regard to fault by anyone. A separate third party claim can be made if the accident was caused by someone other than the employer or a co-worker. Ms. Withey is highly experienced in handling these types of matters called workers' compensation-third party claims.
Generally, people who operate motor vehicles must exercise reasonable care under the circumstances. Failure to use reasonable care is the basis for most lawsuits for damages caused by an automobile accident. In these cases, proof of fault is often contested and requires thorough investigation. A driver may also be liable for an accident caused by intentional or reckless conduct. A reckless driver is one who drives unsafely, with willful disregard for the probability that the driving may cause an accident, such as a drunk driver. Under those circumstances, punitive damages may be claimed.
If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be found liable. You will need to prove that the injury was caused by an unsafe condition that the owner knew should have known prior to the accident. In a typical slip and fall accident, the injured person must show that the person responsible for the premises was negligent in the design, construction or maintenance of the property.
Claims for injuries caused by an unsafe condition on public property are subject to strict claims requirements and liability is only established in certain circumstances. For lawsuits brought against public entities, there are special claims requirements which must be made within a shorter period of time, on proper government claims forms. Many times this is tricky because you must file it with the proper governmental entity.
Injury can result from defective products, as well. When a company designs and manufactures a product, they have a responsibility to ensure that anyone using the product in a forseeable manner will not be injured. In a product liability injury case, you do not have to prove the manufacturer was negligent. You only have to prove that the product was defective in manufacture, design or in failing to properly warn of potential dangers. A lawsuit can be brought against anyone participating in the chain of distribution of that product from the manufacturer, to the designer to the retail store.
If you have been injured in any accident, contact us. We can help you.
How do I decide if I need to hire an attorney?
You really need to consult with an attorney to determine if you need one. A consultation with Los Angeles personal injury lawyer, Withey is free of charge. Please contact her.
An attorney should be consulted if you have been injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, a personal injury attorney, such as Attorney Withey, will have the legal expertise, time and resources to effectively handle your claim. Attorney Pamela Withey will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met. Also of note is the fact that statistics show insurance companies pay more than twice as much compensation when an attorney is involved in your claim. Attorney Withey has, in the past, obtained offers three times greater or more than what the unrepresented client was offered before hiring Attorney Withey.
How can I determine how much my claim is worth?
Without being a trial attorney specializing in personal injury, you really can't competently determine the worth of your claim. And, to be sure, the insurance company is not going to do it for you fairly. An experienced attorney, such as Los Angeles personal injury lawyer Withey, is in a position to be able to estimate what a jury would probably award based upon what the law would allow.
For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth minus the reasonable court costs, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. If you were partially at fault for the accident, the amount of damages will be reduced proportionately. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, pre-existing injuries, and prior claims history.
Considerable compensation may be commanded if your injuries are severe and require extensive medical treatment, absences from work and permanent injuries.
In order to enhance your recovery, Attorney Withey retains experts that she uses regularly to assist her in determining the value of your economic and medical losses, including loss of earnings, loss of earning capacity, loss of fringe benefits such as medical insurance and/or pension benefits and the cost of future medical care. She also retains other experts on your behalf to establish liability of the Defendant such as engineers, chemists, accident reconstruction specialists, private investigators and medical service providers. This may significantly increase the value of your claim.
