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Did you know that each lawsuit has two parts to consider?
There are basically two parts to any claim or lawsuit brought in civil court to recover compensation for being injured. The first part, known as liability, is to show that the other party(s) was legally responsible (usually meaning was negligent or careless) in causing the accident that left you injured. The second part, known as damages, is to prove the nature and extent of your injuries and damages. There are many aspects of each part, but, basically, the more clearly the other party was "at fault" and the more serious are your injuries, the greater is the value of your case. Another important question is what is the ability of the other party, through insurance or otherwise, to pay a settlement or judgment?
The Evaluation of your case is an Art!
Although each part is legally distinct, both liability and damages must be analyzed together in order to evaluate your case properly. In many ways, such an evaluation is an art based on the quality of your case and the quality of the presentation. Many other factors play a role in the evaluation. Some of the more important ones are the nature and type of injury, the wrongfulness of the other party's act, your medical bills, past, present and future, your lost income or earnings and future loss, along with your pain, suffering and change in quality of life. The evaluation is lowered if you were negligent or careless in bringing about your own injuries.
You may be at fault and still have a case!
Just because you may think that the accident was your fault, doesn't mean that you don't have a case. The law allows you to recover even though your conduct may have contributed to the accident. Under what is known as "comparative fault," an accident always consists of 100% negligence. However, it doesn't mean that the 100% of fault lies with one person because each person who contributed to the happening of the accident is assessed a percentage of fault.
For example, when two automobiles collide at an intersection, one of the automobiles may have been driving over the speed limit while the other driver wasn't paying attention to his driving. A judge or jury may determine that the driver who drove his car too fast was 50% negligent while the other driver was 50% negligent as well.
When the judge or jury decides how much the total damages were incurred because of the accident, such as for example $1,000.00, the party who sued will receive 50% of that amount, or $500.00.
Keep good records.
When an injury occurs while at work, claims against your employer and fellow employees generally, with few exceptions, are brought under California's Workers' Compensation system and not in civil court. However, if someone other than your employer or co-employee wrongfully causes you to be injured, that third person can be sued in civil court. This could be another driver, the manufacturer of a defective machine, or a construction site on which there are hazards that caused your injury. You need to describe and record by notes, photographs and any other available means everyone and everything involved in your accident. Then your attorney can determine whether your rights are limited to the Workers' Compensation system or can also be brought in a civil court.
Get medical attention first.
After obtaining necessary immediate medical attention, you should consult with an experienced lawyer to help you through the complicated process of obtaining a just award.
What information do you need to evaluate your case?
To begin, help us to help you. Gather and retain all information surrounding your accident. Though cases are individual, answers to these questions will help us to answer whether you have a case worth pursuing.
- Immediately get all appropriate medical examination, care and treatment. Don't delay!
- When did it happen?
- How did it happen? In other words, who and what caused it to happen?
- Where did it happen?
- Who saw or heard it happen?
- Who else was involved in the accident?
- Why did it happen?
- Document the scene, the objects, cars involved, and your injuries with photographs.
- Save the products involved in the accident or know who has them.
- Begin collecting all losses you have suffered.
- Record medical expenses, lost income, damage repair costs, etc.
- Obtain and record information regarding the other party's insurance.
- Are your injuries/damages serious, life threatening, and permanent?
- Are your injuries less serious and temporary?
- What is the relationship of the parties involved? (Employer-Employee, Strangers, Doctor-Patient, Store Owner-Customer, etc.
- In what ways has your life been changed? (Describe the permanent changes and the temporary ones?) In other words, how and in what ways are your days different now from the way they were before the accident? What do you believe the future holds for you because of these changes?
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