When a victim is injured in an accident caused by another party, California law allows that victim to pursue legal action against that party in order to recover financial compensation for the losses their injuries have caused them. In the majority of personal injury cases, the first step is filing a claim with the alleged at-fault party’s insurance company, such as in a vehicle accident or slip and fall case.

Even if that liability seems obvious, the victim should still consult with an attorney who specializes in personal injury law. The majority of insurance companies will do all they can to minimize the damages they pay out or even try to deny a claim completely. Some of the ways insurance companies attempt this include:

• Dispute the severity of the victim’s injuries or claim the injury was a pre-existing one
• Dispute the amount of economic losses the victim has suffered (i.e. medical bills, lost wages)
• Claim the victim was either partially or totally at fault for the accident

A personal injury attorney will make sure their client’s best interests are protected. If the insurance company fails to negotiate a fair and just claim for the victim, the attorney will take the legal steps to file a lawsuit against the at-fault party and let the legal system decide what the victim is entitled to.

One of the main criteria the attorney you are considering hiring should have is that they specialize in personal injury law. Each area of law can be complex and it is important that the attorney representing you has extensive experience handling personal injury cases. Although you may have an attorney who handled a family law matter for you or one that prepared your estate plan, that attorney may not be familiar with all the complications that can occur in a personal injury case.

The attorney you hire should also have extensive experience representing injured clients. This means the firm has handled many different types of injury cases and will be prepared for any issues that may arise in your case.

When considering a personal injury attorney, you also want to know what the percentage is for settling cases. While the majority of personal injury cases do settle before ever reaching a courtroom, you want to be assured that the attorney you hire does not have a track record of quickly settling cases but instead will do all they can to obtain the best possible financial outcome based on the circumstances of the case.

Unfortunately, the injuries many victims suffer do leave them struggling financially because of the medical expenses and loss of income from being unable to work. This is why most personal injury law firms – including ours – work on a contingency fee basis for our clients.

A contingency fee is an agreement between the client and the attorney where both agree that the attorney will only get paid if they win the client’s personal injury claim/lawsuit. In most cases, that fee is a percentage of the final recovery amount. If the attorney is unable to recover damages for the client, then they receive no fee at all.

The economic damages in a personal injury claim are those that have a tangible amount attached to them. Two of the most common economic damages are medical expenses and lost wages. For example, the amount of medical expenses is obtained by adding up all of the medical bills and coming up with a final amount. Lost wages can be proven by obtaining a statement from the victim’s employer and using past pay stubs to show what their wages or salary were prior to the accident.

Under California law, victims are also entitled to non-economic damages, however, the value of these losses is not so easily determined. These may include:

• The physical pain and suffering the victim has endured from their injuries
• Emotional anguish
• Scarring
• Disfigurement
• Permanent disability
• Loss of life enjoyment

There are several factors that can be used to determine what dollar value these losses have. Your attorney will consider the severity of your injuries, how long it took for rehabilitation and recovery, and if there are any long-term or permanent effects you have been left with. Your attorney will also use the final amount of the economic damages in the case when coming up with a final figure for non-economic damages.

In most cases, only about 10 percent of personal injury cases actually end up in the courtroom to be decided by a jury. The majority of cases are usually settled in negotiations between the victim’s personal injury attorney and the at-fault party’s insurance company.

Even though most cases are settled, it is important to realize that it is impossible to predict how long it will take for your attorney to negotiate an appropriate settlement for your case. Typically, the more serious the victim’s injuries and losses are, the longer it will take to reach that amount. Insurance companies do all they can to avoid paying what a victim’s losses actually are, but a dedicated personal injury attorney will make sure that their client receives any past, present, and future financial compensation they are entitled to.