WILL MY PERSONAL INJURY CASE GO TO TRIAL?
Posted on Friday, July 29th, 2016 at 9:35 pm
If you have been injured by the reckless, careless, or negligent acts of another person, you deserve to be compensated for your damages, injuries, and losses. Under California law, the way to receive compensation from the other party is to pursue a personal injury claim.
Common Personal Injury Cases
A personal injury claim can arise from any type of accident. In order to receive compensation for your injuries, you must prove that the other party caused the accident/situation that resulted in your injury. The other party does not necessarily need to be grossly negligent or intentional in his or her actions. A pure “accident” where a driver simply makes a mistake is enough to create a personal injury claim as long as you can prove the driver did something to cause the collision, you were injured in the collision, and you suffered damages due to your injuries.
Common types of personal injury claims include:
- Motor Vehicle Accidents – Motor vehicle accidents include collision involving cars, trucks, commercial vehicles, scooters, public transportation vehicles, and, motorcycles. Any vehicle that is motorized and used as a form of transportation on the road can be included in this type of personal injury category.
- Slips and Falls – Premises liability cases are often referred to as “slips and falls” because they involve a person being injured from some type of fall. Common examples of causes of slips and falls include slippery floors, broken steps, improper lighting, obstructed passages, and uneven flooring.
- Medical Malpractice – If you are injured due to the negligence or mistakes of medical personnel, you may be entitled to receive compensation for your injuries. Not all cases where a bad result occurs is medical malpractice; however, if you have any doubts or suspect any wrongdoing, you should immediately consult with a medical malpractice attorney.
- Dog Attacks – In California, a dog does not need to have a violent or an aggressive history for the owner to be held liable for injuries from a dog attack. Seek immediate medical attention for any dog bite and then contact our office to discuss your case with a dog bite attorney.
- Pedestrian Accidents – Drivers fail to yield the right of way to pedestrians crossing the road. They also collide with pedestrians as they walk or jog on the side of the road. Because a pedestrian receives the full impact of the collision, pedestrian accidents typically result in catastrophic injuries or death.
- Bicycle Crashes – Like motorcycles, bicycles are often “missed” by motorists who are distracted or not paying enough attention to the road. Bicycle crashes also involve catastrophic injuries and death.
If you are injured in any type of accident caused by another party, it is in your best interest to consult with a personal injury attorney as soon as possible to protect your right to receive compensation for your damages.
Settling Your Case or Going to Trial
Most personal injury cases settle out of court. A settlement is usually the most effective way to receive compensation because it eliminates the cost and time of a trial. In addition, a settlement also keeps the matter private. If you file a lawsuit, the matter becomes public record. Furthermore, a settlement eliminates the risks involving a jury. You never know how a jury will react to the evidence presented at trial. A jury can choose to believe one witness over another witness. And a jury may or may not be sympathetic to your injuries.
However, some personal injury cases require a lawsuit because the insurance company refuses to negotiate in a fair manner. Because each case is different, it is impossible to predict whether your case will settle or result in a lawsuit. Our personal injury attorneys are skilled negotiators and experienced litigators. If we cannot negotiate a fair settlement, we are prepared to file a lawsuit and go to trial to obtain justice for our clients.
Have You Been Injured?
If you are suffering because of an accident, call our office for a free consultation with a Sacramento personal injury attorney. Contact the Tiemann Law Firm at (916) 999-9000 or chat with a representative on our website.