All accident related claims have pain and suffering as major components. The first is the obvious physical injuries and the associated medical expenses, other expenses, loss of income and/or wages, and loss of future income and/or wages. The second component is the emotional pain, depression, PTSD, other mental afflictions, and your overall ability to enjoy your life in the same way that did before the personal injury accident. And you need to have
Comparative negligence is different from contributory negligence from the standpoint of personal injury law. Both apply when you (the plaintiff) are at least partially responsible for causing your most recent personal injury accident. Some states follow the rules pertaining to comparative negligence when determining your final settlement amount. Others use contributory negligence rules. Both stipulate that your final settlement amount be reduced by the percentage of your fault. Your settlement may even be canceled if you were found to be at fault over a certain percentage (generally 50!)
Your health insurance plan or policy has a subrogation provision when it contains a clause that states that your insurance company must be reimbursed by the defendant’s insurance company once the two of you reach a settlement agreement. This pertains to medical treatment and is generally handled by your personal injury lawyer in Los Gatos.
Never settle until you know what the final amount of your current and future medical treatment is. You are considered to need “maximum medical improvement” (MMI) in this situation. What this means is that you have recovered from your injuries to the maximum extent possible. You should know how the personal injury accident has affected your overall quality of life, your current and future ability to earn, and your current and future medical injuries and expenses before accepting a settlement offer.
The majority of personal injury cases depend on the plaintiff’s medical records for substantial and admissible evidence that you have sustained an injury that is worthy of a decent settlement. This may be nonexistent if you never saw a doctor (there would be no admissible medical records in this case) or if your injuries were extremely minor. Just note that you can have admissible medical records and still have your case rejected by a personal injury lawyer if the defendant doesn’t have insurance or any tangible assets.
A good example of a case or lawsuit that will not win is one whose statute of limitations has expired. Another example is when no legally admissible evidence exists that can hold the defendant liable or prove his or her guilt. Of course, one rejection does not mean that you can’t still win your case either in or out of court. Don’t give up in this instance.
Find the best lawyer
Shop around for personal injury lawyers until you find one who will take your case or lawsuit. Remember that one personal injury lawyer rejecting your case doesn’t mean that all of them will. You may have to be persistent and shop around for personal injury lawyers until you find one who will represent you. You are better prepared to win now that you know more about the factors that determine your final settlement, you are better prepared to win.