Santa Clarita Personal Injury Lawyer
All kinds of accidents can leave you with expensive medical bills, time away from work, and physical pain and mental suffering. These damages can be quite high, and it should be on the person or company that injured you to pay for them.
Our injury lawyers help victims and their families recover damages. Whether that means taking your case to court or filing through insurance, we can collect evidence, build your claim, and fight for you. Never accept damages from insurance unless you talk to your lawyer about it first, because these companies are often out to protect their bottom line and avoid full payouts.
Call the Law Office of John J. Perlstein at (213) 252-1070 to discuss your case with our personal injury lawyers.
What Constitutes a Personal Injury Case?
To have a case, you need a few things:
Accident or Intentional Injury
Personal injury cases can be filed for either accidents or intentional injuries. There are different grounds for either type of case, but either one is possible.
Damages Needed
You must have damages to be able to sue. This is any type of harm, whether it be economic, mental/emotional, physical, or other harm.
Generally, with “personal” injuries, we are talking about a physical injury and any damages that follow from that (including pain, emotional distress, etc.). You can also sue for mental or emotional damages on their own, though this is more complicated.
Proving Fault
You must prove that the defendant was at fault for the injuries to get damages.
- In an accident case, this usually means showing they violated a legal duty.
- In intentional injury cases, this means showing they injured you on purpose.
A breach of legal duty that results in damages and injuries is typically known as “negligence.”
What Evidence is Needed in a Personal Injury Case?
To build a case and present it in court, our personal injury lawyers will typically look for the following evidence:
Your Testimony
The victim is generally the best person to tell the story of what happened to them. Your testimony is also vital when discussing your recovery process, your pain and suffering, and the effects on your life.
Witness Testimony
Other witnesses can corroborate your testimony and fill in the gaps. If we have unrelated strangers who have the same story without coordinating with you, this helps even more.
Expert Testimony
We sometimes need additional information from experts about medical, scientific, or technical information that the average person does not possess. These experts testify about that, not what they saw themselves.
Records and Documentation
Most of the case is going to be proven through records of what happened and documents of damage and harm. For example, medical records show what treatment you received, and medical bills and financial records show the economic effects.
Records are especially important when conditions have changed since the accident. For example, your car might have been repaired or you are no longer in a cast when you go before the jury, so records are needed.
Photos
Photos provide similar documentation of what happened and what the scene of the accident looked like. This can help show how the accident happened and show the jury the area. You can also take photos of vehicle damage in a car accident, slippery floors in a slip and fall, or the injuries themselves in any case.
Video
Video of the accident happening is not always available, but it can really help. A good camera angle from a security camera, for example, might show the entire accident from beginning to end.
We can show this to the jury so they can see for themselves what happened.
Medical Records and Reports
Documenting your injuries will be an important part of your case. From there, we can have doctors write reports about the cause and effect of the injuries.
For example, if you claim you cannot work because the injury is disabling, we need a doctor’s report saying that; the court will not usually just trust your word.
What to Do After an Accident
Right after an accident, get medical care, collect as much evidence as you can, take photos of the accident scene, and then call a lawyer. If you were in a car accident, you also need to report the crash to the police and exchange information with the other driver(s).
Get treated at a hospital rather than an urgent care clinic or a doctor’s office, as they might turn you away to go to a hospital anyway for billing reasons or because the injuries are too serious to treat on site.
Is This Case Serious Enough?
It may be hard for you to tell if your case is “serious enough” to call a lawyer about. Generally, you should consult with a lawyer to find out, but cases are often serious enough if
- You had to get treatment at a hospital
- Your injuries caused you to miss any work
- You suffered any head, back, or neck injuries
- You experienced significant or noticeable pain and suffering from the crash.
When Do You Call a Lawyer?
Call a car accident lawyer as soon as you can after the crash. You can call us as early as the day of the crash if you would like to arrange representation and focus on your recovery.
The longer you wait, the higher the chance that evidence will be lost and witnesses will forget what happened. In the meantime, do not talk to insurance or accept any money from them until you have a lawyer.
Who Decides Fault?
When the claim goes before the insurance company, their adjusters decide fault. This basically means it is up to them whether they will pay or not, and how much. Our lawyers can try to sway them through negotiations, but ultimately, we need to sue to get the case before a neutral party.
If we do sue, then the case goes before a judge to decide the legal issues and a jury to decide the facts.
Who Decides Damages?
In settlement negotiations, it is generally up to the insurance company how much they are willing to pay. If we go to trial, then the jury decides damages based on the evidence.
How Long Does a Personal Injury Lawsuit Take?
Settling an injury claim can take a few months in most cases. Cases are shorter when facts are clear and the defense does not have a strong argument.
If the facts are confusing or unclear, or if multiple parties could be blamed, the defense is more likely to contest the case. If it has to go all the way to trial, it could take more than a year, and perhaps even over 2 years.
Call Our Personal Injury Lawyers in Santa Clarita Today
Reach out to the personal injury lawyers at the Law Office of John J. Perlstein at (213) 252-1070 for a free case assessment.