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Tustin Personal Injury Lawyer
Choosing the right personal injury attorney can mean the difference between obtaining compensation for your injury and being denied. If you have been hurt, you should speak to a Tustin personal injury lawyer immediately to discuss your rights and to obtain answers for any questions you might have, such as:
- Should a lawsuit be filed?
- How will medical bills be paid?
- Who will pay for lost wages?
- Can social media posts be used against the case in a court of law?
- How will a lawyer be paid?
- How much is the claim worth?
- Can a new claim be filed to a body part that was previously hurt?
- Should a spouse or partner file a lawsuit – do they even have a claim because of the injury?
Contact an experienced injury attorney right away to answer any questions you have about your incident and how to best receive appropriate damages for your injuries and suffering.
Elements of a Personal Injury Claim
According to the Centers for Disease Control and Prevention, approximately 28.1 million visits to the emergency room were made for unintentional injuries in 2013 alone. A personal injury can happen for a number of reasons – car accidents, defective products, dog bites, medical malpractice, slip and falls, and others.
Each type of injury requires a different set of elements to be proven in a court of law. Nonetheless, most claims involve an allegation of negligence – that is, something that someone did or failed to do caused a person to become injured. Typically, negligence requires the following four elements to be proven in a court of law:
- Duty – An individual owed the victim a duty to act reasonably to avoid an unreasonable risk of harm
- Breach – An individual’s conduct fell below the standard required to avoid harm (foreseeability)
- Causation – This failure to meet the standard is causally connected to the victim’s harm
- Damages – The victim suffered an actual injury
The field of personal injury law can be complicated because these elements can be modified by the legislature and interpreted by judges upon their review of legal cases.
A Tustin personal injury lawyer can discuss the benefits to filing a lawsuit, how to preserve evidence, and how to properly document a claim. An attorney can also help to prepare a case for trial while exploring alternative dispute resolutions, such as mediation or arbitration. An attorney can negotiate with the insurance company on behalf of an injury victim both in and out of court.
Utilizing a Tustin Personal Injury Lawyer
If the injured party is worried about suing a specific individual or company, speak to an attorney about obtaining compensation from an insurance company instead. There are different entities that can be sued depending on the situation. For example, consider the case of a pedestrian who is injured while crossing a roadway and is struck by a vehicle because a traffic light failed to properly operate.
In this situation, an attorney can assist their client with considering who to sue: the driver, the vehicle manufacturer, the finance company, the City, the electric company, and perhaps others. An attorney can also assist with investigating the claim by speaking to witnesses, police officers, and others who may have been involved.
Do not delay in contacting an attorney. Under California’s Code of Civil Procedure (CCP) §335.1, plaintiffs only have two years from the date of accident to file suit in California. The bottom line is this: a Tustin personal injury lawyer can help you navigate the complexities of the American legal system to obtain the compensation you need.