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Sustaining a serious injury can significantly impact nearly every aspect of your life. Motor vehicle collisions, slip and falls, defective products, medical malpractice, and workplace accidents can all result in painful and potentially permanently debilitating injuries. As your body struggles to recover, you face mounting medical bills along with your regular financial obligations, and weeks or months of lost income can make it virtually impossible to keep up. You may be prevented from reentering the workforce at all, leaving you uncertain as to how you will support your loved ones in the future.
Unfortunately, insurance companies take full advantage of this stressful and overwhelming situation, and many people fail to recover the compensation they are rightfully owed because they do not understand their rights or options for legal recourse. If you were injured due to the reckless or negligent behavior of another person or entity, Rush Injury Law is here to help you recover the compensation you deserve. Read on to learn more about personal injury claims, then contact our team today to discuss your case.
Our Napa personal injury attorneys can handle any type of injury case, including:
Before taking your case to civil court, your Napa personal injury attorney will attempt to settle your claim by negotiating with the liable party or their insurance company. They gather as much information as possible about your claim, including all relevant details regarding the nature and extent of your injuries and the fault for the injury-causing accident. Then, they prepare a demand letter that sets forth your arguments about your injuries, the damages you suffered due to the injuries, and why the defendant is legally responsible for paying these damages. It concludes with a specific demand for a lump sum that settles your claim.
If the liable party or their insurance company accepts responsibility for your injury and responds with a settlement offer, your attorney will review it with you to determine if their offer is fair and advise you on how to move forward. Remember that your recovery should include not only past expenses but any future medical treatment you may need and the impact of your injuries on your ability to work. If they deny your claim or fail to offer a reasonable settlement amount and your attorney is unable to negotiate a larger amount, the next step is to initiate a personal injury claim against the liable party.
A personal injury claim begins with filing a complaint, which is a legal document that outlines your arguments for recovery, the material facts that support your arguments, and the damages you are requesting in relief. After filing the complaint and serving it on the defendant, they have 30 days to file a response, and then the discovery process commences. During this stage, your attorney and the defendant’s attorney will exchange any information that may be used as evidence during the trial. The trial is set after discovery is completed. Settlement is possible at any stage of the process, up to or during the trial itself. Your attorney will represent you in court and update you throughout the litigation phase as to how your case is progressing.
Whether you obtain a settlement or win a trial verdict, your attorney will arrange to collect the compensation owed by the defendant. This can involve having the defendant’s insurance company mail a check to your attorney’s office or filing post-trial motions. If your case was settled, you will sign settlement and release forms agreeing that you will end your claim (or will not sue them in connection with the accident) in exchange for compensation.
Personal injury attorneys provide legal representation and counsel for clients from the very beginning of their case, including:
Proving negligence in a personal injury case involves four main elements:
State laws can vary depending on the type of personal injury claim you file, and litigation can be extremely complicated. Setting your case up for success requires in-depth knowledge of the law and adherence to strict procedures, statutes of limitation, and rules of evidence. Even a seemingly minor mistake or oversight can negatively impact your case and your ability to secure the maximum recovery amount. Hiring an expert personal injury attorney is the only way to protect your right to recovery, level the playing field in negotiations with insurance companies, and obtain the highest compensation.
While having a Napa personal injury attorney is recommended in most cases, it is crucial if the following situations apply to your claim:
Personal injury lawyers typically charge a contingency fee for their services, which refers to a percentage of the total settlement amount obtained or verdict awarded by the court. This amount will depend on the nature and severity of your injuries, the losses you have incurred, and the length of time your injury is anticipated to last. In California, a common contingency fee equals one-third or 33.33%, but attorneys can charge fees ranging from 25% to 75% depending on their experience, the location, the complexity of your case, whether your case goes to trial, and other factors. The more complicated your case is, the more work it requires, and the longer it takes to conclude, the more you can expect to pay. If your attorney does not win the case or is unable to recover compensation for your claim, they will not require you to pay for their services.
Serious injuries can be devastating for victims and their families, and navigating the requirements of a personal injury claim often proves extremely difficult. Even apparently straightforward claims can rapidly turn into contentious legal battles, forcing you to wait years before you recover the compensation you deserve. At Rush Injury Law, our Napa personal injury attorneys offer comprehensive legal representation so you can focus on healing rather than fighting with insurance companies. We can protect your rights, manage all the details of your case, and efficiently resolve any tricky issues that may arise. Contact us today to speak with our team.
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