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Recovering from Severe Brain Injuries
Recovering from a brain injury takes time, intensive therapy, and assistance from an accident lawyer in Riverside. As you’ll learn when you watch this video, a severe brain injury can affect virtually every area of your life. A car accident lawyer can file an accident lawsuit on your behalf to secure compensation for medical bills accrued as a result of someone else’s negligence.
With the compensation from an accident lawsuit, your family can cope with substantial expenses like hospitalization, long-term care, physical therapy, occupational therapy, and psychotherapy. As this video explains, many people with severe brain injuries require long-term or even lifelong care. The functional limitations caused by a brain injury can also keep a patient out of the workforce permanently.
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Comparing Intentional and Negligent Torts
Tort law refers to the civil proceedings that can bring relief for plaintiffs who have suffered financial losses, physical injuries, or psychological injuries at the hands of the defendants. Tort actions are complex, and they require the skillful attention of an experienced personal injury lawyer in Riverside. Your personal injury lawyer can answer any questions you may have about tort law, including questions pertaining to intentional and negligent torts.
Negligent Torts
Most tort cases filed by personal injury lawyers are negligent torts. A negligent tort is a personal injury lawsuit filed by the person who was injured (the plaintiff) against the person who allegedly inflicted the injury (the defendant). The lawsuit does not allege that the defendant intentionally harmed the plaintiff, but rather that the harm or financial losses were inflicted as a result of negligence. One common example is a car accident. Hypothetically, John is in a hurry to get home from work and he makes a right-hand turn at a red light without checking for oncoming traffic. Sally, who has right-of-way, drives through the intersection and strikes John’s car because she cannot stop in time. In this case, John could be held liable in a negligent tort. He didn’t intend for Sally’s car to collide with his, but the accident occurred anyway because he failed to check for oncoming traffic. A car accident is just one example of a negligent tort. These cases can include slip and fall incidents, dog bite cases, and nursing home neglect.
Intentional Torts
Intentional torts are less common than negligent torts. As the term implies, an intentional tort case may be filed by a personal injury lawyer when the defendant is accused of intentionally harming the plaintiff. Intentional tort cases can be tricky to litigate because they rely upon the establishment of the tortfeasor’s state of mind. A tortfeasor is a person who commits a tort or act of wrongdoing. One straightforward example of an intentional tort is assault. Using the previous example of the car accident, when Sally strikes John’s car, it is the result of John’s negligence. However, if John becomes enraged by the accident, gets out of his car, and punches Sally in the face, this is an intentional action that may be litigated in civil court. It should be noted that John may face criminal charges as well, which would proceed separately from an intentional tort claim filed by Sally.
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Questions Your Accident Lawyer May Ask During Your Case Consultation
A slip and fall accident can sometimes cause serious injuries, but you shouldn’t have to pay for problems caused by hazardous conditions on someone else’s property. Schedule an initial consultation with a slip and fall lawyer in Riverside to discuss your options. You can expect your lawyer to ask you some basic questions about the case in order to offer sound legal guidance.
Do you have a timeline of events?
In addition to finding out the exact location, date, and time of the incident, your personal injury lawyer will need to know the general timeline of events. This should include what you were doing before the incident, and what happened before and afterward. Full disclosure of what happened is necessary for your lawyer to provide quality representation.
Did you give any verbal or written statements?
The slip and fall lawyer may ask you for a list of eyewitnesses to the accident, and the names and contact information of anyone to whom you may have given a statement. For example, let your lawyer know if you filed an incident report with a store manager or spoke with a neighbor in an apartment complex about the hazardous conditions found in a common area. In particular, your lawyer will need to know if you gave any statements to a police officer, security guard, or insurance adjuster.
Did you see a doctor?
Many people who are injured in slip and fall accidents delay seeking medical care. This might be because they’re in a rush to go about their daily routine or because their injuries do not seem to be very serious. Delaying a medical evaluation is never a good idea; however, for several reasons. First, you may have more serious injuries than you initially realize. Second, the defense may claim that your injuries were sustained after the incident. And third, the defense may claim that if you failed to see a doctor right away, your injuries aren’t as serious as you allege. Your personal injury lawyer will likely ask you to sign a release to grant him or her permission to access your medical records.
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Coping with the Life-Altering Effects of a Catastrophic Injury
Catastrophic injuries include amputations, spinal cord injuries, traumatic brain injuries (TBIs), and other injuries that are expected to have permanent, life-changing effects. It’s never easy to move forward after a major injury, especially when the medical bills become overwhelming. After an accident, it’s in your best interests to consult a car accident attorney in Riverside. An accident lawsuit cannot reverse your health problems, of course, but it can provide the means to cope with your limitations.
Compensation from an accident lawsuit can allow you to not only pay your medical bills for surgeries and hospitalizations, but also to make arrangements for therapy sessions with physical, occupational, speech, and other therapists. A jury award or settlement from an accident lawsuit may also allow you to make any needed modifications to your home to improve its accessibility and help you overcome your physical challenges. Consider using some of your settlement or jury award to schedule psychological counseling sessions. A mental health counselor can guide you in developing the coping tools you’ll need to move forward.
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Avoid These Common Mistakes During Your Car Accident Case
The aftermath of a car accident can be a difficult time. You’re probably trying to juggle doctor’s appointments, deal with paperwork, and get back to work as quickly as possible. Thanks to the complexities of recovery, many people make critical errors while their accident lawsuits are pending. Following the advice of a car accident lawyer in Riverside can help you avoid these problems.
Avoid discussing your case with anyone other than your lawyer.
One of the most common mistakes that accident lawsuit plaintiffs make is to discuss the incident with claims adjusters, defense lawyers, defendants, or other parties. This is never advisable. If anyone contacts you to ask about the case, you should direct all questions to your car accident attorney. Otherwise, you might inadvertently say something that could compromise the outcome of your case.
Avoid using your social media accounts.
These days, posting to social media accounts is practically second nature for many people. But while your accident lawsuit is pending, it’s best to avoid them entirely. Expect that defense lawyers, claims adjusters, and other interested parties will scrutinize everything that you post. They will look for pictures and posts in which you appear to not be as injured as you claim. Strengthening your privacy settings is not a foolproof method of protecting your case.
Avoid neglecting to document your injuries and recovery.
Aside from hiring a lawyer, one of the most effective ways to facilitate a favorable outcome for your case is to gather strong evidence. Photographic evidence of your injuries, surgical wounds, or the damage to your vehicle can be effective in cultivating the support of the jury. If you’re having significant problems moving around, you may even wish to have someone record video footage as you try to complete daily tasks. Additionally, save all physical evidence you collect during your recovery, such as pill bottles, braces, casts, and similar items.
Avoid forgetting to keep your lawyer updated.
It’s essential to keep your lawyer in the loop while your case is pending. Let your lawyer know if you’ve been diagnosed with any complications, if you’ve been referred to another medical provider, or if any other developments arise.
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What Are Personal Injury Settlements?
After sustaining losses in a crash , you may decide to consult a car accident lawyer in Riverside. He or she can file an accident lawsuit on your behalf to seek compensation for your medical expenses, property damage, lost wages, pain and suffering, and any other appropriate damages. Most accident lawsuits are not resolved after a trial. In fact, many personal injury clients manage to stay out of the courtroom entirely. This is thanks to the possibility of personal injury settlements.
You can learn more about personal injury settlements by watching this featured video or speaking with your car accident lawyer. The settlement is a legally binding agreement between the plaintiff and the defendant to drop the case in exchange for a set amount of compensation. You are not obliged to accept a settlement; this decision is entirely yours to make.
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What to Expect During Your First Slip and Fall Attorney Consultation
A slip and fall accident can lead to serious injuries and substantial losses, including medical bills and missed time at work. Sometimes, victims are left permanently disabled and unable to work. Slip and fall accident survivors in Riverside have legal recourse available to them. If you’re considering filing a lawsuit to obtain compensation, you’ll meet with your slip and fall lawyer during an initial consultation.
Reviewing Your Case
The main purposes of the initial consultation are to allow the personal injury lawyer to determine if there is the basis for filing a lawsuit and to allow you to decide if you do wish to move forward with the case. First, your personal injury lawyer will ask you some basic questions about the incident. He or she may also have you fill out a questionnaire. Some of the information your lawyer will need might include:
- Date and time of the incident
- Names of eyewitnesses
- Causes of the fall
- Symptoms and medical diagnoses
- Economic losses (e.g., medical bills)
It’s important to share all details about the incident with your lawyer, even if you don’t think that they’re important to the case. For example, you should tell your lawyer what you were doing immediately prior to the fall and how much time passed before you sought medical attention.
Identifying the Evidence
Your lawyer will need all of the physical evidence that may support your claims. You may be asked to sign a release form to allow the lawyer access to your medical records. If you took pictures of the area where you fell, these can prove immensely helpful for your case. Let your lawyer know if you noticed surveillance cameras in the area.
Answering Your Questions
Another component of the initial consultation is making sure you have the information you need to decide whether to pursue the case. Consider bringing a list of questions with you to the consultation, along with some blank paper for taking notes. You might want to ask the lawyer about his or her prior experience handling slip and fall accident cases or you might want to ask what you can expect from the litigation process.
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How Witness Statements Can Be Used in Your Injury Case?
After you’ve had your attorney file an accident lawsuit in Riverside, he or she will gather as much evidence as possible to support your allegations. Many types of evidence can support your injury case , such as the police report, medical records, and surveillance footage. But witness statements can also play a role in the outcome of an accident lawsuit. Either party involved with the lawsuit, plaintiff or defendant, may use witness statements in litigation.
To Negotiate a Settlement
Not all accident lawsuits end with a jury verdict. Many of them are resolved before ever going to trial or during the course of the trial. The defendant in an injury case may be more willing to settle the lawsuit if he or she feels that the jury will find in favor of the plaintiff and vice versa. With credible witness statements and other evidence, a personal injury lawyer can effectively negotiate a favorable settlement with the other party. Of course, it’s entirely at the discretion of the client whether to accept the settlement arrangement or move forward with the litigation.
To Substantiate Claims
During the discovery process prior to the trial, an accident lawyer may depose one or more witnesses to uncover the facts of the case. This testimony, which is given under oath, may play a pivotal role in the trial. A witness’ written statement or testimony given during the trial can also serve to influence the jury to find in favor of the plaintiff. For instance, the plaintiff in a car accident case may claim that he or she was driving at the speed limit and did not otherwise violate traffic safety rules. An eyewitness to the accident may substantiate this claim by disclosing what he or she saw.
To Verify Injuries
Medical records are essential for proving the nature and extent of a plaintiff’s injuries. However, the defendant may still try to claim that the accident wasn’t the cause of the injuries. For example, the plaintiff might have sustained a head injury during the accident and the defendant may try to claim that the plaintiff actually sustained the injury earlier in the week during a sporting event. An eyewitness might testify that he or she saw the plaintiff display signs of a head injury at the accident site, such as bleeding from the area, confusion, or impaired coordination.
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