1. Do I need a lawyer for an injury claim?
2. How complicated is the case?
3. Do you have the time needed to carry out a lawsuit?
4. Do you have the ability to handle high-pressure situations?
5. I have heard I am entitled to damages for an injury. What are damages?
6. Should I talk to the insurance company directly?
7. How much is my injury claim worth?
8. Will I have to file a lawsuit?
9. What is a trial?

Q: Do I need a personal injury attorney for an auto accident, medical malpractice or construction injury type of claim?

A: Many people believe that an attorney is needed to settle a claimant's personal injury case. However, some simple personal injury cases may be settled without lawyer representation. Here are some things to consider when deciding whether you need to retain an attorney:

• How complicated is the case?
  Many legal provisions and state-specific limitations, such as comparative negligence or statute of limitations, can be difficult for a non-lawyer to understand. If you can avoid getting lost in legal jargon and concentrate on the facts that will help your lawsuit, you might not need to hire a lawyer. Remember: Without a lawyer, you have to gather all of the vital information (medical and accident reports), contact witnesses, and meet with the insurance company and defense lawyers by yourself. Typically, our attorneys do all of the talking for you, negotiate on your behalf, and then meet with you to discuss the latest developments and the next courses of action.
  
• Do you have the time needed to carry out a lawsuit?
  When deciding whether to pursue litigation, time is an element to be considered. To win a personal injury claim, the plaintiff has to do all of the legwork that our attorneys would do. Gathering medical reports and getting a doctor to speak on your behalf in court is very time-consuming, not to mention quite costly. In addition, setting up meetings with the insurance companies to discuss possible settlements may pull you away from work.
  
• Do you have the ability to handle high-pressure situations?
  If you decide to pursue a lawsuit by yourself, you should be confident in your ability to clearly present your case to the defendant's legal team and insurance company. You will experience some tense moments, such as intense questioning by the defense. Keep in mind -- if you don't have an attorney, you will have to respond to questioning without turning to anyone for help. Vital to successfully defending yourself is your skill in remaining calm.

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Q: I have heard I am entitled to damages for any type of injury including construction injury. What are damages?

Compensatory Damages:
Compensatory damages are derived from the word “compensate,” meaning, “to make up for.” Such damages pay for the harm done to the injured person. The injured person has a right to be reimbursed for actual costs. Insurance adjusters will refer to this category as “special damages” or merely “specials.” These damages include:

• Medical and hospitalization bills incurred to treat the injuries
  
• lost because the plaintiff had to miss work to recuperate
  
• Costs to hire household or nursing help during recovery, cost of a wheelchair or crutches, or rental cost of substitute cars
  
• Cost to replace or repair damaged property
  

General Damages:
In contrast to actual damages, general damages include the things that can't be precisely documented in dollars, including:

• Pain and suffering endured due to injuries, and any subsequent mental anguish
  
• Disfigurement resulting from injuries
  
• Value of medical expenses the plaintiff is likely to incur in the future
  
• Value of wages the plaintiff is likely to lose in the future
  
• Aggravation of a pre-existing injury
  

Punitive Damages:
Punitive damages are not based on a victim's injuries. Rather, they are a way to punish the defendant for gross negligence - behavior that is so egregious that a civil court penalty is needed to deter the defendant from committing the same negligence again in the future. For example, if a construction site manager does not enforce proper safety measures resulting in a construction injury, the Irvine area resident may ask for hefty punitive damages to penalize the manager or contractor.

Nominal Damages:
Nominal damages are symbolic gestures acknowledging that the plaintiff was legally wronged. The word 'nominal' means “in name only,” and nominal damages are more about what is fair and just than monetary compensation.

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Q: Should I talk to the insurance company directly?

A: After an accident, an insurance adjuster from the defendant's insurance company will likely call or visit within a day or two - sometimes within hours. Insurance adjusters are the individuals responsible for reviewing and paying out claims for the insurance company.

Throughout the call or visit, keep in mind that your interests are not the same as the adjuster's. The insurance adjuster has a duty to look for evidence to exonerate the insured defendant. Saying the minimum will help prevent you from giving an incriminating statement that will be used against you later. Remember: This is an adversarial system in which each side is trying to find facts to help its own version of events.

Speaking with insurance adjusters during the aftermath of an accident, people are often emotional and vulnerable. You may be a little woozy and dazed from medication or under stress because of concern about injured loved ones. Experienced insurance adjusters know this and may try to get information from you at your most vulnerable moments. The best thing to do is to give only basic information: your name, address and telephone number, your occupation, and your employer. You are not required to reveal any additional personal information.

Insurance adjusters can be pushy and aggressive. You should be just as firm in your responses. Politely let the adjuster know from the start that you do not plan to say much. If you are at a loss for words, try saying something like this: “I'm still seeking treatment and haven't fully recovered. It's not appropriate to discuss the accident until I have accurate and complete information. I need to speak to a LAWYER first.”

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Q: How much is my injury claim worth?

A: How do you put a price tag on injury, pain, and suffering? There is no easy answer to this question. There are no hard and fast rules, nor does a magical mathematical equation exist from which to derive an exact dollar amount. However, our attorneys can assess damages in personal injury lawsuits based on injury, pain, and suffering. Therefore, before a jury can decide a case or before a case can be settled, the worth of the case must be determined.

To determine the worth of a case, one's lost wages, medical expenses, and property damage must be ascertained. In addition, a claim can be made for pain and suffering, mental anguish or emotional distress, loss of enjoyment of life, loss of consortium, and lost opportunities.

Using this information as a base, insurance adjusters and our attorneys use general formulas that have been developed to calculate a monetary figure for damages in personal injury lawsuits. In general, the total damages are calculated by considering a number of factors, including the degree of the defendant's liability, the nature of the injury, the plaintiff's credibility, the defendant's credibility, the plaintiff's age, and whether there are any witnesses. The formulas serve merely as guidelines. Every case is different, thus every outcome is different.

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Q: Will I have to file a lawsuit?

A: If there is no settlement of your injury claim, you need to file a lawsuit. While you are not required to retain a lawyer to file a lawsuit, it is advisable that you do so. Filing a lawsuit does not mean you lose all possibility of settling. Settlements can be reached after you file a lawsuit, and even after the trial has begun. Sometimes just filing a lawsuit can show a defendant that you are serious about your case and prompt him or her to renew settlement negotiations.

Before you can bring a lawsuit, you need to be aware of the time limitations. Every state sets limits on how much time you have after an accident to file a lawsuit. This is called a “statute of limitations.” The clock starts running at the time of the injury. In some limited situations, the time period may not begin until the discovery of the negligent, reckless, or intentional act.

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Q: What is a trial?

A: You begin the trial process by filing the complaint with the court clerk. The complaint must then be served upon the defendant. Our attorneys will help you through every step of the process.

Before the trial begins, the attorneys for both parties conduct discovery - the process by which each party obtains facts, documents, and information from the opposing party. The judge may also hold a pretrial conference, which is an informal hearing where the judge considers the issues and witnesses to be presented and predicts the length of the trial.

The trial begins with jury selection through a process referred to as a “voir dire.” During this time, attorneys ask questions of potential jurors and either remove or keep members of the jury pool in an effort to assemble the best group of individuals to hear and decide your case.

After jury selection, an attorney for each party presents an opening statement that summarizes his or her client's side of the case. Your side of the case will be presented first because you were the person who initially filed the complaint. The defendant will then have an opportunity to present his or her view of the case. At the close of all the evidence from both parties, each party's attorney makes a closing statement summing up the evidence and pointing out any failures of the opposing side to prove certain allegations. The jury then decides your case.

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For more information about your case, contact us today.