San Francisco Personal Injury Attorney

Defense

Perhaps you caused a car accident or were partially responsible for the motor vehicle collision. You may require the representation of legal counsel to defend yourself against legal liability and possible criminal prosecution.

Proving Fault

California is an at-fault state as it concerns liability for personal injuries. 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 personal injury cases, the parties share responsibility for causing the accident.

Also, there may be an intense dispute over who is at fault. Proving fault frequently requires amassing technical data, witness reports, depositions and interviews, and expert testimony. A person pursuing a personal injury claim without an attorney is typically ill-equipped to handle such a challenge.

Ensuring a Fair Settlement

Getting a fair settlement after a personal injury accident without the legal representation of a qualified personal injury attorney can be difficult. Even when the fault for a car accident is apparent, the liable insurance company will do everything it can to pay you as little as possible to settle your claim or, if possible, deny it altogether.

Without the representation of an experienced personal injury lawyer, 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 bills 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 whom a competent attorney represents routinely recover as much as 350% more compensation than those without the personal injury representation. Therefore, the best advice is that you should not take on the challenge of pursuing an out-of-court settlement alone.

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 must follow traffic laws and drive responsibly so as not to cause injury to other drivers and pedestrians on the road.

Breach

The party who injured you must also have breached the duty of care owed to you. When motorists drive recklessly, they breach the duty of care they owe to others on the road.

Causation

The party's breach of duty must have caused your personal injuries. You must prove that the party's negligence or intentional act was the actual and proximate cause of your injuries.

Damages

You must demonstrate that you have suffered damages, e.g., medical bills, lost wages, property damage, pain and suffering, emotional distress, or an inability to engage in the same activities as before the accident. You have no personal injury claim if you have not suffered any verifiable damages. 

Seek medical attention

Although you may be worried about the cost of medical care, your health and well-being should be your number one priority after a severe accident. Furthermore, gaps in medical treatment may cast doubt on the authenticity of the injuries you claim.

Contact the authorities

Contact the police to come to the scene and make a police report. Getting a police report ensures that there is an official record of the facts of the accident. Bear in mind, however, that the police department does not usually declare 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.

Collect evidence

Take pictures of your injuries, the accident scene, the vehicles involved, or the things or conditions that caused you to be injured. Also, exchange information with the other parties involved and collect the names and contact information of anyone who witnessed the incident in which your injuries manifested.

Make no apologies

Regardless of who is at fault, a natural reaction following an accident is to say, "I'm sorry." Do not apologize in any way for what happened. What you say can be used against you to indicate that you believe you caused the accident, even if you did not.

Do not discuss the accident with anyone

Refrain from discussing the accident with anyone until you consult an attorney. Anything you say, right or wrong, can be used to limit or deny any personal injury claim you file later on. Please consult a qualified attorney before giving a statement to anyone, especially the liable party or their insurance company.

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 take a 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.