Most people hear the words “personal injury”, and they envision a dramatic court scene where a jury decides a person’s fate. In television and in the movies, it does seem to work this way. However, Victorville personal injury lawyers understand that the reality is far different from what we imagine. In the real world, personal injury law consists of any person who is harmed at the hands of another. In other words, the plaintiff suffers a personal injury as a result of the defendant’s actions.
Personal injury cases range from motor vehicle accidents to slip and fall cases. The type of personal injury claims run the gamut. Regardless of the type, however, they all have one thing in common: negligence. In almost all these cases, your injury lawyer in Victorville, California must prove that the defendant was negligent. Here, we’ll look at what this means. We’ll also discuss some of the more common types of personal injury cases. The article will wrap up with a breakdown of the different kinds of damages you can demand in your Victorville personal injury lawsuit.
What is Negligence and How Can Your Victorville Personal Injury Lawyer Prove It?
Negligence is just another way of saying that the defendant didn’t act the way they should have given the circumstances. For example, if you’re in a car crash and the other driver was speeding, they would be considered to have acted negligently. The basic elements of negligence include:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the defendant’s actions and breach of duty
If your Victorville personal injury lawyer is able to prove all four elements, then you’ll have a prima facie case for negligence. Once this is done, they can move on to proving your damages.
What Are the Most Common Types of Personal Injury Cases?
Our injury lawyers in Victorville, California handle all kinds of personal injury cases. All of them involve accident victims who have been hurt due to someone else’s actions. Some of the more common types of cases we entertain include the following:
- Slip and fall cases
- Motor vehicle accidents
- Premises liability
- Product liability
- Workers’ compensation
- Wrongful death cases
While the injuries sustained in these cases may vary, we take all of our clients’ cases seriously.
Car and truck accidents make up the lion’s share of our personal injury cases. Given the fact that there are more than 3,000 fatal car accidents every year, this should come as no surprise. The good news, however, is that our team of experts have decades of combined experience handling cases just like yours. It doesn’t matter what kind of accident you’ve suffered, we’ll work hard to make the responsible party pay. As long as we have enough evidence to prove who was at fault, we can get started on your claim right away. Just make sure you’re honest and upfront with your Victorville personal injury lawyer from the very beginning. This way, we can focus on gathering the evidence we need and negotiating a settlement on your behalf.
Your Injury Lawyer in Victorville, California Will Demand Damages
If your attorney believes you have a valid claim, they’ll urge you to file a personal injury lawsuit. In your complaint, your injury lawyer in Victorville, California will demand damages on your behalf. These include some or all of the following:
- Medical bills
- Future medical bills
- Property damage
- Pain and suffering
- Lost wages
- Lost future income
- Punitive damages (in very rare circumstances)
Depending on the facts surrounding your case, you may be entitled to all or some of these. Your attorney will carefully examine the evidence in your case before they declare your damages. For example, they’ll need to look at the documentation you have regarding medical bills. They’ll also look at your medical records to how serious your injuries were. These records will also let them know how much you can expect to receive in pain and suffering. Without these records, it will be hard, if not impossible, to prove these types of damages.
There is a Good Chance Your Case Will Settle
Believe it or not, more than 95% of all personal injury cases in California settle out of court. Nobody wants to go to trial if they don’t absolutely have to. Trials are expensive and time consuming. You may find yourself waiting years to finally go to trial. Rather than do this, your Victorville personal injury lawyer will try to negotiate a settlement with the defendant and their insurance company. It makes no sense to spend thousands of dollars on a trial if you’re going to end up settling anyway.
One thing you don’t have to worry about is your lawyer forcing you to settle. If you don’t feel the amount is fair, you can insist on going to trial. Just keep in mind, it will cost a lot more if you choose to do this. Not only will you have to reimburse your attorney for any costs they spend on preparing for trial, but your contingency rate will likely increase as well.
Reach Out to One of Our Seasoned Victorville Personal Injury Lawyers Today
If you or your loved one are hurt in any sort of accident, you will need help. Dealing with personal injury cases can be complicated and frustrating, especially if you don’t know the law. Our Victorville personal injury lawyers know the law. They also have decades of combined experience dealing with the big insurance companies. They’ll work hard to gather the evidence necessary to prove your case. They’ll also work with the insurance company and the defendant’s lawyer to negotiate a settlement of your claim.
We recommend that you call and speak with one of our experienced injury lawyers in Victorville, California. Don’t wait too long after your injury to do this. The sooner you retain a skilled attorney, the sooner you can get your case moving along. Since you don’t receive any money until your case settles, you won’t want to put your free consultation off for long. All you have to do is call and let us know what date and time works for you. We can either have you come into the office or conduct your meeting via Skype or Zoom. With the current climate under Covid, we fully understand if you don’t want to meet in person. Since your initial consultation is free, you really don’t have anything to lose.