Buena Park Personal Injury Lawyer

If you have been hurt in an accident, contact a Buena Park personal injury lawyer to learn about your rights. If you have questions, you are not alone. Most people who have been hurt wonder who will compensate them for their loss, who will take care of the medical bills that often pile up after an injury, and who will pay for the time lost from work. An injury is a tragedy that not only affects you but also your loved ones.

In some cases, your spouse or children may have a claim for loss of companionship. You owe it to yourself and your family to contact a distinguished personal injury lawyer to get the compensation and justice that you deserve.

Filing a Lawsuit

The US is unique in that almost anyone can sue anyone for anything. Purchasing an index number simply gets a plaintiff into the courthouse. The claim then has to be proven while following both procedural and substantive rules to shepherd a case all the way from the initial filing to trial.

In most personal injury cases, a Buena Park personal injury lawyer can help prove:

  • Duty – Generally speaking, a defendant owes a duty not to create an unreasonable risk of foreseeable harm
  • Breach – If a defendant deviates from their duty of care, that individual may have breached a duty owed
  • Causation – This breach of duty must be the cause of some type of harm
  • Injury – The injury suffered must be an injury that has resulted in some type of damage (measured by a sum of money)

Defining Case Law

Each personal injury has unique case law that accompanies it. “Case law” refers to the law that judges make over time. Consider an automobile accident case. Over the years, various plaintiffs have brought motor vehicle personal injury lawsuits to Court. Each case turned out slightly differently, depending on the factual scenario unique to that case.

The ruling that the judge makes in a case has a binding effect, to some extent, in future cases that other judges hear in that area of law (depending on the level of court and jurisdiction). These laws can get confusing, so contacting a Buena Park personal injury lawyer is paramount to understanding exactly what needs to be proven to win a court case.

How a Lawyer Can Help

Investigations begin the moment an accident occurs. A personal injury attorney can provide advice and counsel about what steps to take to maximize a claim. Most insurance companies require several months of regular medical treatment in order to substantiate a claim of personal injury. In these cases, a few trips to a family doctor usually will not suffice. A personal injury attorney in Buena Park can draw upon experience to recommend the treatment that will provide the most compensation to make an injury victim whole.

Insurance companies are constantly on the lookout for fraud, from staged accidents to minimize impacts with unnecessary medical treatment. Oftentimes, it is more beneficial for a personal injury attorney to communicate with the claims examiner rather than the actual victim. An attorney can employ negotiation strategies and techniques to assist an accident victim with settling a case.

Not every lawsuit makes it to trial. A majority of cases are resolved by mediation, arbitration, summary proceedings, or outright settlement. Utilizing the services of an attorney lends credibility to the claim and may possibly shorten the duration of the lawsuit (some claims are resolved before a lawsuit is even filed).

Contacting an Attorney

You do not have an unlimited amount of time to file a personal injury lawsuit in California. According to California’s Code of Civil Procedure (CCP) §335.1, you only have two years to file a lawsuit for injuries resulting from personal injuries. Failing to timely file a claim will result in your inability to ever sue for that personal injury. To learn about your rights and options, contact a Buena Park personal injury lawyer.