CAPITOLA PERSONAL INJURY ATTORNEYS
Caputo & Van Der Walde LLP has devoted our practice to helping those
injured due to the negligence of others for more than 100 years collectively.
Caputo & Van Der Walde LLP has a long history of helping victims who
have been involved in all types of serious injury matters, as well as
the loved ones of wrongful death victims.
Our skilled personal injury attorneys have compiled the following information
for individuals who may have a personal injury case. If you have any further
questions regarding personal injury litigation, or have in fact been in
an accident, and you believe that the injury you suffered was caused by
another party's negligence, please
contact us for a free consultation. Our personal injury attorneys can help you! Contact
us today at (800) 900-0863!
What Can a Personal Injury Lawyer Do For You?
A personal injury lawyer's main purpose is to fight for financial compensation
on behalf of clients who have suffered serious injuries as the result
of the negligence of another. Some injuries associated with a personal
injury lawsuit may be physical, such as brain trauma or fractured bones,
while other injuries may be emotional, mental, or psychological. These
injuries may result from a wide variety of accidents, such as automobile
accidents, dog bites, premises liability accidents, or defective products.
Under California State law, a personal injury claim is only legitimate
when it can be proven that the victim's injuries were the result of
the intentional actions or negligent behavior of another person or entity.
Therefore, not every serious injury which is sustained can result in monetary
compensation being recovered; meaning that even the most successful and
experienced personal injury lawyer can't help someone who has been
injured if there was no negligence involved.
Why Should You Hire a Personal Injury Attorney?
If you have been injured by another person's negligence, and you have
evidence which can be used to prove this, your personal injury case may
seem fairly simple and straightforward. In fact, many personal injury
cases get very complicated, especially when there are factors including
injured victims, medical bills, and insurance companies involved. Every
personal injury case has four elements, each necessitating a qualified
personal injury attorney to fully delve into them in order to create a
solid case on your behalf. The four elements are: Negligence, Causation,
Damages, and Money.
Below, we will take a look at each element in a bit more detail.
Negligence in a Personal Injury Lawsuit
Whether or not there was actual negligence involved in an accident or injury
is one of the most important parts of any personal injury case. Facts
and evidence must be shown to prove that negligence took place, so just
saying you were injured because of someone else's recklessness is
not enough. As the plaintiff, you have to be able to prove negligence
in order for a personal injury claim to be valid. This is where the proficiency
of a personal injury attorney can be extremely important. A skilled lawyer
will know which questions should be asked and will have the available
resources which are necessary to thoroughly investigate and gather important
case related evidence. This evidence will be critical in winning a personal
injury lawsuit - and receiving rightfully deserved compensation.
Causation in a Personal Injury Lawsuit
Only proving that the party acted in a negligent matter is not enough.
The second element of a personal injury lawsuit is causation. After proving
that the at fault party did, in fact, act in a negligent manner, you must
next prove that the party's negligent or reckless behavior actually
resulted in your injuries, which requires concrete evidence. Proving causation
is one of the most difficult parts of a personal injury case, which is
why you should hire a skilled personal injury attorney who will be able
to gather the crucial evidence and prepare the arguments to prove your case.
Damages in a Personal Injury Lawsuit
The third element of a personal injury claim are damages. Damages are a
general issue, which encompass financial compensation for the pain and
suffering endured by a victim of an accident. Pain and suffering may include
the inability to participate in normal daily activities, depression, anxiety,
the loss of enjoyment of life, and the loss of companionship in cases
of wrongful death suits. For obvious reasons, it is difficult to assign
a fixed dollar amount to these types of injuries. But note that, in personal
injury cases, the law forces at fault parties to pay for more than just
medical bills and lost wages. Therefore if an accident victim has suffered
serious pain and suffering which has negatively affected their life, they
are entitled to receive compensation in the form of damages.
There is no set amount that a plaintiff will receive in damages, and the
amount is typically up for debate in personal injury cases. It is a complicated
process, trying to determine how much money a person should be rewarded
when their husband or wife has been killed as the result of another person's
negligence, as different people will have different answers.
In this situation, it is extremely important that you hire an accomplished
personal injury lawyer who has the knowledge to present your case in a
manner which best explains the pain and suffering which has been experienced,
and how it has negatively impacted the quality of your life. Your lawyer
will be able to name an amount which is fair, and then convince the judge,
jury or other final decision maker that the amount should be awarded.
Money in a Personal Injury Lawsuit
The final element of a solid personal injury claim is money. It is very
important, that after proving negligence, causation and damages, that
you are made aware prior to the end of the case, whether or not the at
fault party actually has the money required to compensate.
Spending weeks or months involved in a personal injury claim, going to
court, negotiating - these are all meaningless if the at fault party does
not have any insurance, money or assets with which to pay to the injured
party. It would certainly be a shame if the jury awards you 400,000 dollars
in your Capitola personal injury claim, and you then find out that there
is no money, insurance or assets.
By hiring a skilled personal injury lawyer at Caputo & Van Der Walde
LLP, you don't have to worry about something like this taking place.
Our skilled attorneys know how to find assets and insurance policies that
less trained lawyers may not. We may also be able to find other individuals
or parties who were somehow involved in causing your injury, making them
partially responsible as well. They may also have policies or assets that
we can thoroughly investigate in order to ensure that you receive the
compensation you deserve for your injuries.
To schedule a free, no obligation consultation to discuss your
personal injury case, please contact Caputo & Van Der Walde LLP at (800) 900-0863.