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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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What Is a Deposition?
After someone files an accident lawsuit in Riverside, the involved parties will go through a pre-trial process known as discovery. Discovery refers to the exchange of information between each party’s accident lawyers. A deposition is an important component of discovery. During a deposition, a witness or other party is placed under oath. The accident lawyers will ask questions and the individual will have to answer truthfully. Although the individual is under oath, there is no judge or jury present.
When you watch this video, you’ll learn more about depositions for accident lawsuits. You’ll discover the role of the court reporter and you’ll learn that the testimony given during a deposition may be used during the trial. For example, it may be found that a witness gives testimony during the trial that contradicts what he or she said during the deposition.
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How Is Personal Responsibility Assessed in an Injury Case?
After sustaining injuries in a trip and fall accident, consider visiting a personal injury lawyer in Riverside to discuss your legal options. A slip and fall lawyer will thoroughly review the case to determine the factors that contributed to the accident. Sometimes, these accidents are the fault of the property owner or manager. But even if you might have been partially at fault for the incident , it’s still worth your time to speak with a personal injury lawyer.
Personal responsibility for your injuries might reduce your compensation, but the defendant might still be held partially liable for your losses. For example, your compensation might be reduced if it is determined that you wore unsafe footwear or if you were texting while walking. You may be considered partially responsible for your injuries if you were engaging in other unsafe behaviors like walking backward. It’s important to fully disclose the details of the incident to your personal injury lawyer so he or she can properly prepare your case.
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What to Do if You’re Injured in a Fall on a Public Sidewalk?
and talk to a A trip and fall accident on a sidewalk can result in severe medical problems, including brain trauma, bone fractures, internal bleeding, and long-term complications. It’s important to know what to do in the event you sustain a slip and fall injury in Riverside. The steps you take immediately after a sustaining a slip and fall injury can significantly influence the outcome of your case.
Document the Accident Scene
It’s best not to assume that the accident scene will remain in the same state if you revisit it the next week or even the next day. Public works crews can rapidly repair dangerous sidewalks, which will eliminate the evidence you have to support your case. Before leaving the scene of the incident, take plenty of pictures of your injuries and any property damage you incurred, such as torn clothing, broken jewelry clasps, or a ruined handbag. Take pictures of the area of the sidewalk where you fell, paying particular attention to crumbling concrete or other defects. Step back and take a picture from further away that encompasses the area of sidewalk and any street signs or other identifying landmarks. Speak with anyone who witnessed your fall and ask them to write down their full names and contact information. If they have time, they might be willing to provide a written statement before you leave the accident scene. Otherwise, your personal injury lawyer can interview them later.
Get Medical Help
Do not delay seeking medical care. As soon as you finish documenting the scene, go to the nearest clinic or hospital and inform your healthcare provider that you just tripped and fell on a public sidewalk, which caused your injuries. Undergo any medical tests the doctor recommends and ask how your injuries might affect you in the future.
Talk to a Lawyer
Speak to a personal injury lawyer as soon as possible. Many municipalities impose strict deadlines and procedures for filing a personal injury claim based on a fall on a public sidewalk. For instance, you might be required to provide written notification of the accident to the municipality within 30 days. Your lawyer will walk you through each step of the process of securing compensation for your losses.
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What Are Your Rights if You’re Injured by a Government-Owned Vehicle?
Most car accident lawsuits are filed against allegedly negligent individuals who were driving their own cars. But thousands of government-owned vehicles are on the roads in the U.S. and they can just as easily be involved in a car accident. For any type of accident, you have the legal right to consult a car accident lawyer in Riverside. He or she can pursue compensation on your behalf for your losses, including medical expenses and property damage.
If the accident involved a federal employee, your car accident lawyer may file an administrative claim under the Federal Tort Claims Act. These claims are based on acts or omissions. In other words, they allege that the federal employee failed to do something or did something that was somehow negligent. If the administrative claim is denied, your car accident lawyer can then file a lawsuit, provided it is filed within six months of the denial. In some cases, accidents are caused by environmental hazards such as poorly constructed or maintained roadways. A lawyer may file a claim against the entity responsible for the construction or maintenance of the road.
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Tips for Documenting the Scene of a Slip and Fall Injury
When a slip and fall accident that results in injuries happens on someone else’s property, you may have grounds for a civil lawsuit. To substantiate your case, there are a few steps you should take even before you contact a personal injury lawyer in Riverside. Provide copies of all of the evidence you gather to your lawyer. He or she will use this evidence to seek compensation on your behalf for your medical bills and physical pain.
Report the Accident
If you fall in a store, restaurant, library, or other public place, call attention to the incident immediately. Depending on where you have fallen, the property owner or manager may have established guidelines for reporting accidents. You might be asked to fill out some paperwork. If you do file a written report, ask for a copy for your records.
Look for the Cause
A successful slip and fall lawsuit requires demonstrating that a hazardous condition existed that caused you to slip or trip. If possible, document the hazardous condition right away because the property manager may correct the hazard promptly after your fall. Take photos of damaged handrails or steps, uneven flooring, spilled liquids, or other hazards that caused you to fall. If you don’t have a cellphone or camera with you, write down a precise description of the area and the hazardous condition.
Write Down Witness Information
Witness statements can play a significant role in a slip and fall lawsuit. If anyone witnessed the accident, ask them to write down their names and contact information. Your personal injury lawyer can question them later.
Seek Medical Attention
If you have severe injuries like a broken bone or a possible concussion, don’t try to drive yourself to the hospital. Call 911 instead. Even if your injuries appear to be relatively minor, you should still seek medical care because you might have internal injuries. Additionally, your medical records will substantiate your case. Retain all of your medical bills and receipts, pharmacy co-pay receipts, discharge sheets, written instructions from doctors, and all other documentation pertaining to your health status. These documents will prove the extent of your losses.
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What Are Your Rights as a Passenger in an Auto Accident?
When the driver of a vehicle files a car accident lawsuit, one of the obstacles he or she may encounter is countering allegations that he or she was partially responsible for the crash. Injured passengers do not generally have this problem. However, because of the complexities of personal injury law and the uncooperativeness that is typical of car insurance carriers, it’s best for passengers to consult a car accident lawyer in Riverside.
Assessing Liability
After any type of accident, you have the legal right to speak with an accident lawyer about the situation. One of the first steps in an accident case is to assess liability, which refers to which party was at fault for the crash. Since you were the passenger, it is highly unlikely that you could be considered liable unless you grabbed the steering wheel or engaged in any similar unsafe act. If it was a one-car accident, then the driver is almost certainly at fault. Exceptions include situations beyond the driver’s control, such as if a deer jumps out in front of the car. If the accident involved multiple vehicles, the case becomes a little more complex. Your car accident lawyer may consider whether both drivers shared liability for the accident. To accurately determine liability, your lawyer will need to review the evidence, such as the police report, photos of the scene, and witness statements.
Filing a Claim
A car accident lawsuit isn’t necessary in all cases. Your lawyer may use evidence of liability to negotiate with one or both drivers’ insurance carriers with the goal of securing just compensation for your losses. If a reasonable settlement is not forthcoming, then you may wish to move forward with a lawsuit. If more than one driver might be at fault, it is possible to file a lawsuit against multiple defendants. One of the issues the jury will consider is whether both drivers were equally at fault for the crash or if one was more negligent than the other. If they are found equally at fault, then the insurers for the drivers will be ordered to pay an equal amount. If one driver was found to be more negligent, then percentages of fault are assigned to each driver and the monetary award is paid accordingly.
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