Why Hire a San Francisco Personal Injury Attorney?
Hiring the right attorney to assist you with pursuing a personal injury claim is important. This is because he or she will act as your advocate and advise you on the proper steps to follow to recover maximum compensation for your injuries and losses. In addition to a winning success rate, you should look for a lawyer with a great deal of trial experience – preferably one with experience in the type of personal injury case you have.
You won’t find a shortage of personal injury law firms in San Francisco, but you’ll need to make sure you choose the one that specializes in your particular injury case. It is also important to note to get an attorney involved as soon as possible. Evidence needs to be secured to prove your case, witnesses need to be interviewed before their memories fade, and you need to be made aware of what you should or should not do to strengthen your claim for compensation.
Here are a few other reasons why it may be in your best interest to consult with and hire a qualified San Francisco personal injury attorney after being involved in an accident:
- Defense
Perhaps you caused the accident or were partially responsible. You may require the representation of legal counsel to defend yourself against legal liability and/or possible criminal prosecution.
- Proving Fault
California is an at-fault state as it concerns liability for personal injuries. In order to recover damages, a personal injury victim must prove that someone else caused or contributed to them being injured. Proving fault for a personal injury claim is often a complex process. In many cases, the parties share responsibility for causing the accident.
Also, there may be an intense dispute over who is at fault. As such, proving fault frequently requires amassing technical data, witness reports, taking depositions and interviews, and expert testimony. A person pursuing a personal injury claim without an attorney is typically ill-equipped to take on such a challenge.
- Ensuring a Fair Settlement
Getting a fair settlement after a personal injury accident without the representation of a qualified personal injury attorney can be difficult. Even when fault for an accident is clear, the liable insurance company will do everything they can to pay you as little as possible to settle your claim or, if possible, to deny your claim altogether.
Without the representation of a qualified attorney, the liable insurance company will likely offer you an inadequate amount to compensate you for your injuries and ongoing medical needs. However, accepting such a settlement could be a huge mistake, particularly if your ongoing medical problems continue and last for a long time.
- Obtaining a Higher Settlement
A 1999 study conducted by The Insurance Research Council revealed that personal injury victims who are represented by a competent attorney routinely recover as much as 350% more compensation than those without the representation of an attorney. Therefore, the best advice is that you should not take on the challenge of pursuing a personal injury settlement alone.
Determining Liability in a San Francisco Personal Injury Case
In California, liability for a personal injury is based on fault. Simply put, this means that you cannot successfully sue another party for compensation unless they were at fault for causing the injuries, at least to some degree.
Fault in personal injury cases is based on either negligence or an intentional act of wrongdoing. In other words, a party is “at fault” for your injuries only if they were caused by an act of negligence or an intentional wrongful act on that party’s part.
Negligence, essentially, is a failure to act in a reasonably responsible manner toward others. To succeed in a personal injury claim, you and your attorney must typically prove the existence of the following essential elements of negligence:
1. Duty
The party who injured you must have owed you a duty of care under the law to act or not act in a certain way. For example, motorists have a duty to follow traffic laws and to drive responsibly, so as not to cause injury to other drivers and pedestrians on the road.
2. Breach
The party who injured you must also have breached the duty of care owed to you. When a motorist drives recklessly, they are in breach of the duty of care they owe to others on the road.
3. Causation
The party’s breach of duty must have caused your injuries. You must prove that the party’s negligence or intentional act was the actual and proximate cause of your injuries.
4. Damages
You must demonstrate that you have suffered damages e.g. medical bills, lost wages, damage to property, pain and suffering, emotional distress, or an inability to engage in the same activities as prior to the accident. If you have not suffered any verifiable damages, you have no personal injury claim.
What to Do Immediately After Suffering a Personal Injury in San Francisco
Your ability to recover compensation can depend on what you do immediately after suffering a personal injury. Here are some important things to do that will preserve your right to be fully compensated and strengthen your claim:
1. Seek medical attention
Although you may be worried about the cost of medical care, your health and wellbeing should be your number one priority after a serious accident. Furthermore, gaps in medical treatment may cast doubt on the authenticity of the injuries you claim.
2. Contact the authorities
Contact the police to come to the scene and make a police report. Getting a police report ensures that the facts of the accident are officially recorded. Bear in mind, however, the police department does not usually make an official declaration of who is at fault for causing an accident. Fault for causing an accident is determined by insurance companies or by a judge or jury in a court of law.
3. Collect evidence
If possible, take pictures of your injuries, the scene of the accident, vehicles involved, or the thing or conditions that caused you to be injured. Also exchange information with the other parties involved, and collect the names and contact information for anyone who witnessed the incident in which you were injured.
4. Make no apologies
Regardless of who is at fault, a natural reaction following an accident is to say, “I’m sorry.” Do not apologize for what happened in any way. This can be used against you to indicate that you believe that you caused the accident, even if you did not.
5. Do not discuss the accident with anyone
Refrain from discussing the accident with anyone until you have consulted with an attorney. Anything you say, right or wrong, can be used to limit or deny any personal injury claim you file later on. Consult with a qualified attorney before giving a statement to anyone, especially the liable party or their insurance company.
6. Contact an experienced San Francisco personal injury lawyer
Your attorney will handle negotiations with the liable insurance company, and will assist you with assembling the necessary evidence and then sharing it with the insurance company, along with a demand letter outlining the compensation you require.
If settlement negotiations cannot reach a satisfactory resolution, your attorney will file a personal injury lawsuit on your behalf. This lawsuit will seek adjudication of the fault for causing the accident and your injuries, and request a judge or jury make an award for damages.
Resolving a personal injury claim at trial can be expensive and can take a very long time. So, most personal injury cases settle outside of court, long before trial or while a trial is imminent or in progress. Either way, your attorney will keep you advised every step of the way, and discuss with you how the case should proceed.
Contact an Experienced Personal Injury Law Firm
If you or a loved one has suffered a serious injury, make sure to contact a trusted and experienced injury lawyer for legal representation. Our award-winning personal injury attorneys in San Francisco have years of experience dealing with accidents and personal injuries.
We will negotiate with the liable insurance companies to get you the medical help you need and the compensation that you and your loved ones deserve. Call Golden State Accident Lawyers today, or fill out our contact form to start the process.