What to do when you have been injured

by | Mar 28, 2013 | Law

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Any injury; whether the results are physical, emotional or both, that were caused through another person’s negligence demands compensation. Personal injuries are the domain of an accident attorney in Auburn CA. The guilty party does not necessarily have to be a person; it is possible for a company or the government to also be guilty of negligence.

Tort law is that area of law that covers civil issues such as wrongs that are done to another person or his property. The wrongs can also include an attack on the person’s rights or besmirching one’s reputation. An accident attorney in Auburn CA is capable of handling any aspect of tort law, which include automobile accidents, work-related accidents, product defects, medical malpractice or any other issue where you suffered harm due to a negligent action.

An accident attorney works almost exclusively for the plaintiff in a tort case. If a person feels he has a case, once the attorney has been contacted, he will review the facts as presented, and if the attorney agrees that negligence was the cause of the harm, and then he will construct a case against the defendant. In most cases, the defendant is covered by insurance so the accident attorney in Auburn CA will deal directly with the insurance company or their lawyers.

The case that the attorney builds is strongest when it is based on facts and witness depositions. If the accident took place recently, the attorney will attempt to gain access to the site where he can take photos and hopefully interview witnesses to the event. The stronger the case, the greater compensation can be expected.

The insurance company for the defendant in the case will offer a settlement which will be far less than the amount necessary to compensate you for the physical injuries, mental anguish, the pain and suffering you experienced. They will cover the medical expenses, but even then they will attempt to set a closing date on any claims. Many personal injuries can persist for years, and as it was caused by a negligent act, you can expect long-term compensation.

The accident attorney in Auburn CA will attempt to settle the case out of court, but if the defense balks, then your attorney needs to be well seasoned so that he can fight for the rights of the injured party in court. Insurance companies will often settle out of court if they know the plaintiff’s attorney has a reputation for fiercely going after the negligent party. In many instances, the jury will award the plaintiff more if they are made privy to the circumstances, including pictures of the injury and the consequences.

All of this takes money; personal accident attorneys will often take the case on contingency. Contingency is an agreement between the attorney, and his client where the attorney fees are paid for the award, this way the injured party can be represented with no out-of-pocket expenses.