Personal Injury Frequently Asked Questions
Personal Injury law refers to the area of law that involves civil law cases designed to obtain compensation for accident victims who have suffered personal injury. Initially, the personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial. The main concerns in an injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence. If there is a failure to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.
What is Personal Injury?
A personal injury is any physical or mental injury to a person that is a result of someone else's negligence or harmful act. The Law Offices of Kuhn & Belz has experience in representing accident victims who have suffered serious personal injury. Sometimes personal injury may be referred to as bodily injury. Injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto accidents
- Dangerous or Defective Product Injuries (Product Liability)
- Motorcycle Accidents
- Medical Malpractice
- Wrongful Death Accidents
- Toxic Exposure
- Large Truck Accidents
What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following.
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement,
- Permanent Scars
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Embarrassment,
- Mental Disability,
- Property Damage, and
- All out of pocket expenses (transportation charges, doctor/hospital bills, medical equipment, etc).
How do I know if I have a case?
In order to prevail in a personal injury lawsuit in California, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. By consulting with a personal injury lawyer from the Law Offices of Kuhn & Belz, you will be in a better position to determine whether or not you have a case worth pursuing.
How do I know if I may need an attorney?
If you have been seriously injured in Orange County, California or a surrounding area or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney as soon as possible. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. A Kuhn & Belz personal injury lawyer will be able to advise you on the applicable statute of limitations.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most injury cases. It is contingent when the fee is conditioned upon your attorney's successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "no fee unless we recover". The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.
If I have an injury case do I have to go to court?
Most cases in California are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
If you or someone you know in Orange County, California or a surrounding area including San Bernardino County, Riverside County, San Diego County, or Los Angeles County needs the assistance of an experienced personal injury lawyer, then contact The Law Offices of Kuhn & Belz for a free consultation with an experienced personal injury lawyer. Call toll free at 866-688-7305 or via email using the contact form in the left column.
