Ask a Lawyer: What Can I Expect In a Personal Injury Case?

Posted By Caputo & Van Der Walde LLP || 14-Jun-2018

The legal realm of personal injury law is often a difficult one to endure, sometimes leading to individuals failing to take action because they are not sure what comes next.

To help give individuals peace of mind, our lawyer, Paul Van Der Walde, answers some common questions about what to expect in a personal injury case.

How Does a Personal Injury Case Start?

Third party personal injury cases start when one person injures another person in a negligent or intentional manner. As opposed to when employees are injured on the job or as a result of an operation that went wrong.

Technically they are both personal injury cases, but the ones we’re talking about are third party where one person is going to be responsible for injuries they cause to the victim. When an entity or an individual injures another individual, the victim can file the necessary paperwork and serve the defendant.

Is There a Deadline to File?

Yes. Depending on the type of injury and how it was sustained whether it was intentional or negligent. The typical statute of limitations is two years. You also have to look out for if the action was intentional. Some other things to consider would include if the government was a factor.

Was someone injured due to the negligence of the city of San Jose? Did a city officer rear-end you? Government tort claims come into play when someone trips on a sidewalk or slips in a government building.

Most deadlines are two years from the date of the incident.

The Insurance Wants Me to Settle, Should I?

Maybe. First of all, it depends on size and complexity of the case. It depends on whether you have permanency of injury that requires further care.

If you have a settlement offer that pays for all of your medical bills that you actually paid for, includes compensation for anyone who had to help you while you were injured, includes your wage loss, includes provision for future medical care that you are reasonably, it may be a good idea.

If you are not able to make all those determinations, you should always consult a professional if you have a complex case.

Why Is Hiring a Lawyer Important?

It’s important so the other side takes you seriously. The insurance company’s job is to pay the least amount of money possible. An attorney’s job is to get the money a person is entitled to as per the law.

An attorney has the resources to put together experts for investigation and to asses for future medical care, past wage loss, future wage loss, or do things you're not able to do. In these types of cases, you need an economist, not including the medical care and life care planner.

Most people don't have access to that type of information and wouldn’t be able to put it together. Plus, navigating the court system. You should never file a lawsuit on your own. It's like speaking another language.

You likely wouldn’t be able to communicate effectively through the legal process and could be taken advantage of by defense attorneys.

You shouldn’t have to stress the process of filing a personal injury lawsuit. To help you understand the process and protect your rights, our Campbell personal injury lawyers at Caputo & Van Der Walde are here for you.

Call our firm today.

Categories: Personal Injury
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