If you are thinking of suing someone for personal damages, you may want to think about exactly why it is you are bringing a lawsuit. It always helps to be as specific as possible when you are building and researching a case. If you have been in a car accident, you may want to evaluate if your injuries are temporary, or if your injuries are chronic and will cost you time and money forever. If you were injured at work, you will want to determine whether or not to sue for workers comp or premises liability. There are several different types of personal injury cases that you will want to consider.
The majority of personal injury cases are related to car accidents. Most insurance companies will pay for damages to a car, but will be more hesitant to relinquish enough funds for personal injury. A person who is suing an insurance company or an individual will want to bring the accident report and any medical records to their first meeting with their attorney. It is also important to bring a record of wages lost and expenses incurred due to the accident. This way your attorney can help you determine if your injuries are chronic.
If a person’s injuries are catastrophic, they will need professional care for the rest of their life. Although, it is horribly traumatizing for the victim and their family, damages may be easier to recover than in the case of chronic pain, because catastrophic injury is clearly defined. The American Medical Association defines catastrophic injury as“a severe injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures.” If you or a family member suffers a catastrophic injury, it is important to obtain, not only damages for medical care and home health care, but every expense associated with the injury including transportation, emotional trauma and inconvenience.
A person who has lost a loved one due to an accident, may be entitled to compensation for monetary and emotional loss. Insurance companies are a bit more likely to relinquish funds if a life has been lost, as they do not want to damage their corporate reputation. It is important to provide things such as the decedent’s tax return and records of any money you have spent due to losing them. California is an open tort state and money is awarded for emotional suffering. Remember to bring therapist bills and witness testimony to an attorney.
If a business is at fault for your injury, you may want to bring a premises liability lawsuit. Even if you have signed a waiver for a business like an amusement park or swimming pool, you may still be entitled to damages. A 2007 decision stated that you can still sue a company for gross negligence even if a waiver is in place.
How a Lawyer Can Help You
A good personal injury attorney, such as The Grossman Law Offices, can help you to decide if you have a case and into what category that case falls. Although it is a trying time, a good lawyer can make things more bearable.
Join the Thousandaire newsletter
Subscribe to get our latest content by email.