Fresno Personal Injury Lawyers
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Our Fresno Personal Injury Lawyers
Offer Legal Guidance Rooted In Experience
The Fresno personal injury lawyers at our law firm offer skilled legal representation to those who have suffered injuries during accidents. We serve clients in Fresno and throughout California. The attorneys at our Fresno law firm have decades of experience helping injured victims pursue monetary compensation for injuries and losses.
If you suffered personal injuries during an accident caused by another party’s negligence, contact our Fresno personal injury lawyers to schedule a free initial consultation. Our experienced team can help you pursue financial compensation for your injuries.
Timeline For Personal Injury Cases
The first thing to do after you suffer personal injuries is to complete all recommended medical treatment so you can heal from your pain and suffering. At the conclusion of your medical treatment, a personal injury lawyer will collect your medical records, medical bills, and other pertinent documents to craft a demand letter addressed to the responsible party’s insurance company.
Insurance company representatives will analyze the demand letter’s contents and begin settlement discussions with your personal injury lawyer. These representatives are often insurance claims adjusters. The responsible party’s insurance company may extend an offer, raise disputes, or challenge your claim, depending on the specific circumstances. Your lawyer will communicate with you and explain the details regarding the settlement offer.
Typically, your personal injury lawyer will recommend responding to the insurance company’s representative with a counteroffer. You are the client, and only you can accept or reject a settlement offer. Your lawyer will advise you on a course of action for you to consider, but the ultimate decision to accept or reject a settlement offer rests with you.
The personal injury lawyer representing you will negotiate with the insurance company on your behalf. If a settlement agreement cannot be reached, then they will file a civil complaint, which is the legal pleading that initiates a lawsuit.
Filing The Complaint
The statute of limitations in California is two years from the date of the accident. This particular statute of limitations applies to personal injury cases. A personal injury lawyer will file a complaint, and then the lawyer will serve the defendant with a copy of the summons and the complaint within sixty days of the complaint being filed with the court.
Once the defendant is served with a copy of the summons and the complaint, known as “service of process,” the responsible party must have their attorney file an answer within thirty days of the date of service. The complaint and the answer are both pleadings. Once the answer is filed, the discovery phase will begin. The litigation process can take time to move through the court system before a case proceeds to trial.
Mediation
Mediation is a form of alternative dispute resolution. These alternative forms of dispute resolution help preserve judicial efficiency and reduce the number of cases on judges’ dockets. Mediation has several advantages that make it a more attractive option than a trial. First, the cost is lower than a full trial. Litigation costs time and money, but mediation can proceed quickly and help resolve your case sooner rather than later.
The plaintiff and defendant will be given an opportunity to communicate with each other in the presence of a mediator. Mediators understand how negotiations work, and this neutral party often helps the plaintiff and defendant reach a settlement. The mediator will meet with both parties and discuss the compromises that need to be made to settle the dispute. Either party can leave the mediation proceedings at any time.
The timeline for the mediation process can vary based on the complexity of the case. Following the completion of the paperwork and last-minute negotiations, the case is considered finalized if a settlement is reached and all disagreements are settled.
Arbitration
Another form of alternative dispute resolution is arbitration. Much like mediation, arbitration involves both parties to a lawsuit and a neutral party called an arbitrator. Arbitration is similar to litigation, and the arbitrator is often a retired judge or attorney who has received years of training in arbitration. Both parties set forth their arguments and perspectives in front of the arbitrator. The parties also choose and agree on which individual will arbitrate the case.
Arbitrators are often experienced and respected legal professionals who take their role seriously. The arbitrator will consider the facts and arguments of both the plaintiff and the defendant. Arbitration is a more restricted form of alternative dispute resolution. An arbitrator’s ruling is binding on both the plaintiff and the defendant. Therefore, it is imperative that clients understand all the positive and negative aspects of arbitration.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Establishing Liability In Fresno Injury Cases
If you want to pursue compensation and seek accountability from the responsible party, you may need to present concrete evidence that a specific person or business entity committed a negligent action, causing your injuries.
Accidents are all unique, and specific facts and circumstances will influence how your case proceeds. The evidence you need to present to establish liability will depend on the specific injuries you suffered and the type of accident in which they occurred. The following are some of the common types of evidence presented in personal injury cases:
- Eyewitness testimony
- Photographs
- Surveillance videos
- Videos recorded at the accident scene
- Traffic collision report
Our skilled personal injury lawyers can search for pieces of evidence that may help establish the defendant’s liability. We can present evidence on your behalf and assist you in pursuing just compensation based on the extent of your injuries and losses.
Clear and convincing evidence is the burden of proof in civil cases. Beyond a reasonable doubt is the burden of proof in criminal cases. These legal obligations are not the same, and sometimes a party may not be found criminally liable but will be found civilly liable. Civil cases require a less stringent burden of proof to establish liability.
What Must I Establish In A Personal Injury Case In Fresno?
Under California law, negligence is the operative field of law that governs how personal injury cases are resolved. Every person is tasked with exercising reasonable care as they function in society. To establish grounds for a personal injury case, the plaintiff must demonstrate the four key elements of negligence, including the following:
- Duty — The defendant owed a duty of care to the plaintiff.
- Breach — The defendant breached the duty of care owed to the plaintiff.
- Causation — The plaintiff suffered injuries due to the breach of the duty.
- Damages — The plaintiff suffered injuries caused by the breach.
A motorist is negligent when they do not check for motorcycles or other motorists before moving into a different lane. The driver may strike a motorcyclist and injure them. Every driver in California must use care when driving an automobile. In these examples, the driver failed to uphold the duty of care by not checking for other motorists and motorcyclists before switching lanes. This breach caused the motorcyclist’s injuries and injuries suffered during the accident.
The statute of limitations limits the amount of time a party has to file a legal action. Different types of cases have different statutes of limitations applicable to them. In California, the statute of limitations period is generally two years from the date of injury for personal injury actions. However, some exceptions exist to the statute of limitations rule for personal injury cases. For example, the statute of limitations may be impacted if the at-fault party is a municipality or if the victim was a minor at the time of the injury.
The Causes And Conditions That Give Rise To Accidents In Fresno
The city of Fresno is a densely populated urban area and the largest city in California that is not situated on the coast. Major interstates, busy highways, and state roads connect the San Joaquin Valley and Fresno County. Home to approximately half a million people, Fresno’s streets and highways are often busy and congested.
These traffic conditions cause many accidents on the highways and roadways in Fresno. Our personal injury lawyers have decades of experience representing pedestrians and motorists who have suffered injuries during traffic accidents. Retaining a personal injury lawyer in Fresno may seem like an intimidating and stressful thing to go through alone. You may have lost a spouse or other family member in a devastating accident.
You may have difficulty choosing a personal injury lawyer in Fresno due to the stress and anxiety caused by your injuries. First, you need to determine what type of personal injury case you are dealing with in your life. A single lawyer may not necessarily possess expertise in all types of cases.
You should consider hiring a personal injury lawyer who has experience trying cases similar to yours. Call a personal injury lawyer to schedule a free initial consultation. You can reach out to us via phone or online to learn more about the legal services we offer.
Different Categories Of Personal Injury Accidents In Fresno
Injured victims who have suffered personal injuries in Fresno may have been involved in many different types of accidents. The following are some of the common personal injury accidents that occur in Fresno:
- Slip and fall accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Trucking accidents
- Tractor-trailer accidents
- Motor vehicle accidents
If you were hurt in a traffic-related incident, you may speak with car accident lawyers to understand your next steps and what legal options may apply to your situation. Additionally, they also handle cases, including:
- Wrongful death cases that arise when a party’s negligent actions cause the death of another person.
- Motor vehicle accidents involving underinsured motorists and uninsured motorists.
- Product liability cases concerning defective products that create unreasonably dangerous conditions, such as faulty airbags and safety systems.
- Cases concerning premises liability accidents that occur on residential property, government property, and commercial property. Items of merchandise may also be stacked improperly and fall on an unsuspecting victim. Additionally, premises liability cases may concern security breaches at event centers, casinos, restaurants, and hotels.
The Time Required To Pursue Financial Compensation
You may want to know how much financial compensation you can pursue as part of your personal injury lawsuit. Although some exceptions exist, the amount of monetary compensation you can seek depends on the nature of your injuries and the amount of damages you suffered. Many different types of damages are recognized under California law. The following are some of the damages accident victims may seek in California:
- Loss of enjoyment of life
- Pain and suffering
- Disfigurement
- Temporary or permanent disability
- Lost wages
- Medical expenses
The length of time required for a personal injury case to resolve depends on the specific type of claims associated with the lawsuit and the nature of the client’s injuries. Furthermore, every fact and circumstance surrounding the accident may be relevant to a personal injury case. The responsible party’s insurance coverage and policy limits also influence how long it may take to resolve a personal injury case.
Many personal injury cases may conclude in a short amount of time if liability is not contested and the injuries are straightforward and substantiated by evidence. More complex personal injury cases may not be resolved for one or two years. Court calls, liability disputes, and challenges may complicate cases and cause delays.
An injured victim may need assistance in resolving their personal injury case independently. The nuances and pitfalls of personal injury law may make it challenging for an injured victim to pursue financial compensation without the assistance of a personal injury lawyer. They can help you pursue monetary compensation for your injuries. Contact us to schedule a free initial consultation and learn more about the legal services we offer.
Frequently Asked Questions Regarding Personal Injury Cases
The following are some of the most commonly asked questions regarding personal injury cases in California.
Do Many Personal Injury Cases Involving Bicycle Accidents Proceed To Court In Fresno?
Quite often, injured victims who suffer injuries during bicycle accidents settle their claims out of court. All cases are unique, and while the possibility of exceptions does exist, the majority of injured victims choose to settle their claims with insurance companies. Knowledgeable and experienced bicycle injury lawyers at our law firm can help you understand that your case may go to trial.
Who Pays Attorney Fees In Fresno Personal Injury Cases?
Generally, Fresno personal injury lawyers work on a contingency fee basis. Under this agreement, the client does not have to pay attorney’s fees unless they obtain financial compensation. Instead, fees and costs are deducted from the final settlement. Note that certain case-related expenses may be charged separately regardless of the outcome. One of our attorneys will discuss our fee structure and other potential costs during your free initial consultation.
What Can A Fresno Personal Injury Lawyer Offer Me?
Our personal injury attorneys offer skilled legal representation. We have decades of experience representing clients throughout California. Our attorneys can help you seek compensation for your losses. Every attorney at Arash Law aims to seek fair compensation for our clients who have suffered injuries during an accident.
Facing physical injuries, mounting medical bills, and lost wages while dealing with the legal system can be intimidating. Our attorneys employ a client-focused approach to develop case strategies tailored to your specific circumstances. We offer supportive legal representation and help you pursue compensation for your injuries.
Our personal injury law attorneys aim to provide you with realistic expectations regarding the possible outcome of your personal injury case. We can help you uphold your legal rights and negotiate with the insurance companies. Call us to schedule a free initial consultation. We can discuss the facts of your case and the legal services we offer. You can consult us if any of the following caused your personal injuries:
- Construction site accidents
- Drowning accidents
- Nursing home abuse
- Premises liability accidents
- Pedestrian accidents
- Motor vehicle accidents
- Trucking accidents
- Boating accidents
- Aviation accidents
What Do Personal Injury Lawyers Do, And Why Is Their Work Valuable?
Personal injury lawyers are knowledgeable about tort law and negligence. Generally, insurance companies are not obligated to help injured victims understand their legal rights. In fact, insurance companies may contest the scope of their liability and initiate disputes with claimants. Such situations can be overwhelming for those who lack legal representation.
Insurance companies review claims carefully, assess the facts, and determine what they believe they are responsible for under the policy. A lawyer can step in to communicate with the insurer on your behalf, organize your documents, and help clarify how the law applies to your situation.
A personal injury lawyer can help you pursue fair compensation for your losses. Additionally, personal injury lawyers can continue to work on your behalf after reaching a settlement agreement with an insurance company. Your lawyer performs additional tasks that are necessary for the resolution of your case.
Hiring a personal injury lawyer will help you deal with the complexities of the claims process. If you have a knowledgeable personal injury lawyer representing your legal interests, then you can focus on healing from your injuries and moving forward. Personal injury lawyers meet insurance companies at the negotiation table, steering the conversation toward fair compensation for your injuries.
At Which Point Should I Hire A Personal Injury Lawyer?
You may want to hire a personal injury lawyer as soon as possible after suffering personal injuries in an accident. Working with a personal injury lawyer at the outset of the accident may give them ample time to help you build a well-supported case. Being able to prepare your claim early may also help you seek compensation based on the losses or damages you incurred.
What Do I Need To Do To Find The Best Personal Injury Lawyer?
Seek advice from friends, family members, and acquaintances. Consider asking any attorneys you happen to know, and ask which personal injury lawyers they recommend. You can also go to any search engine and begin looking for personal injury lawyers in Fresno.
How Much Do Personal Injury Lawyers Charge Their Clients?
In the majority of personal injury cases, the client pays no fees before the parties reach a settlement agreement. Most personal injury lawyers are paid on a contingency fee basis. Typically, a personal injury lawyer will deduct an agreed-upon percentage from the final settlement amount. If the case goes to trial, most lawyers may raise their contingency fee, as the litigation process can be costly.
How Do I Choose A Personal Injury Lawyer?
It is advisable to look for a personal injury lawyer who is easy to talk to and with whom you share a sense of camaraderie. Consider consulting your personal injury lawyer in person. You may want to hire a personal injury lawyer in your local area rather than an attorney who is unfamiliar with your state’s laws and regulations. You should also consider whether you will be speaking directly with the lawyer instead of their legal assistants or paralegals.
What Is The Value Of My Personal Injury Case?
Each case is unique, and the value of your case depends on the severity of the injuries or losses you incurred. Large case settlements are not typical, but they do occur. Consider consulting a personal injury lawyer about any potential settlement amounts related to your case.
How Are Damages Calculated In Personal Injury Cases?
The nature of your injuries, the facts regarding the accident, and whether the case settles or goes to trial may influence how the damages are estimated.
What About Claiming Pain And Suffering In California?
Pain and suffering may be part of the following types of cases in California:
- Product liability
- Premises liability
- Wrongful death cases
- Intentional torts
- Automobile accidents
Is It Necessary For Me To Retain A Personal Injury Lawyer?
After seeking medical treatment for your injuries, consider consulting a personal injury lawyer about your legal options. You may have to bring a claim against an individual, a global corporation, or a large insurance company. You may be able to receive a lump-sum offer if you attempt to pursue your personal injury case on your own. However, this offer may fail to account for your current and anticipated expenses. Insurance companies may raise disputes and challenges, which can delay the litigation process. Our attorneys can walk you through your rights and legal options to help you protect your rights.
Retaining a personal injury lawyer may help you avoid the costly and time-consuming litigation process. Aside from that, seeking legal counsel may signal to the insurance companies that you are serious about seeking financial compensation for your injuries. Having a lawyer by your side may help you position your claim for a better offer from the insurance company.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
What If My Bodily Injuries Seem Minor? Should I Hire A Fresno Personal Injury Lawyer?
Although you may believe your injuries are minor, it is advisable to hire a personal injury lawyer as soon as possible after you seek medical treatment. Medical conditions may not produce discernible symptoms until months after the date of the accident that caused your injuries. You also may not feel pain until hours after the accident. A medical professional can examine you, and a personal injury lawyer can recommend specialists for you to see to help you seek treatment for your injuries and document your recovery progress.
What Am I Supposed To Do For Income While My Case Proceeds?
Insurance companies do not pay out on claims until the parties sign a settlement agreement. It may help you out financially if you take advantage of any accrued vacation time or sick time. These benefits may help compensate you for the wages you cannot earn while recovering from your injuries. Disability benefits are also an option, and these are typically available through your employer. A Fresno personal injury lawyer can offer you advice regarding lost wages and explain the legal options available to you.
What If I Have Unpaid Medical Bills Related To My Injuries?
Along with lost wages and lost future earnings, insurance companies will not pay medical bills until both parties sign a settlement agreement or the insurance company admits liability. If you have personal injury protection insurance, you might have some of your medical bills paid if you suffered injuries during a traffic collision.
If you are covered under a health insurance plan, you may have your medical bills paid through your policy, within its limits. If you suffered injuries while working within the course and scope of employment, you could seek workers’ compensation benefits to pay your medical expenses. The insurers paying your medical bills may expect you to return the payments once you accept a settlement offer.
Physicians and medical facilities may hesitate to contact reporting agencies and credit bureaus if you demonstrate that you have retained a personal injury lawyer and are working toward a settlement agreement.
How Much Time Do I Have To File A Personal Injury Claim In Fresno?
The statute of limitations in California for personal injury actions is generally two years from the date of the injury. However, certain exceptions may impact this deadline. For example, you may not have discovered your injuries immediately after being involved in an accident. In this situation, the statute of limitations may begin on the date you discover your injuries, allowing you to file a personal injury action in California.
Two years can pass sooner than you think, especially if you are still recovering from serious bodily injuries. Seeking financial compensation for your injuries may require time and dedication. Consulting a personal injury lawyer early on may give them enough time to analyze medical records, read police reports, and begin an investigation of the accident. Settlement negotiations may also take time to resolve. Furthermore, the discovery phase of litigation can consume enormous amounts of time. You may need to hire expert witnesses to support your case.
Should I Speak With The Insurance Claims Adjuster After Suffering Injuries During An Accident?
Generally, it is not advisable to share excessive information with any representative of an insurance company after you suffer injuries during an accident. However, you still need to report your accident. You may need to provide the insurance claim adjuster with basic contact information, such as the location, time, and date of the accident that caused your injuries. While talking to the insurers, you may need to be mindful about what you say, as even seemingly innocent remarks may hurt your claim. If you need help communicating with insurance providers, consider deferring their calls to your personal injury lawyer.
Some insurance companies may launch an independent investigation to challenge the extent of their responsibility. Refrain from making any recorded statement to an insurance company before seeking legal counsel. The insurance companies may raise disputes against your claim depending on their findings. Hiring a personal injury lawyer may help you navigate these challenges during the claims process.
Will My Personal Injury Case Settle For A Specific Amount Of Money?
The economic value of a personal injury case can vary depending on various factors and may change as the case proceeds. The facts and circumstances associated with a case can influence how much it may be worth. For example, the severity of your injuries may influence the amount of damages you can pursue. You may have lost the ability to engage in your favorite hobbies or work in your chosen profession. These factors can affect the potential settlement for your personal injury case.
You may also have suffered long-term consequences associated with a traumatic brain injury or a spinal cord injury. You may suffer from problems related to cognition. Our firm’s personal injury lawyer can help you estimate the potential damages related to your case.
Which Types Of Damages Can I Pursue In My Personal Injury Case?
Plaintiffs in California can claim three different types of damages in a personal injury case: economic damages, non-economic damages, and punitive damages. Economic damages and non-economic damages are compensatory. On the other hand, punitive damages are intended to punish a defendant for gross negligence or malicious conduct and deter others from behaving similarly in the future.
Economic Damages
Economic damages are also known as special damages. These damages are quantifiable and have a specific value associated with them. The following are some of the types of economic damages you may pursue:
- Any upgrades to your home or car that are necessitated by injuries you endured that caused you to use a wheelchair or other device.
- Mobility and disability aids such as walkers, wheelchairs, and medical devices.
- Replacements and repair costs for damaged property.
- Costs associated with psychotherapy, cognitive behavioral therapy, and other therapeutic treatments.
- Lost future earnings for the period of time you will miss work after the case settles or is resolved through trial. Lost future earnings may include lost wages if you can no longer perform your former job and must accept a lower-paying position.
- Lost earnings for the time from the date of the accident to the date that the parties sign a settlement agreement or the case is resolved through trial.
- Future medical bills associated with injuries caused by the accident, and from which the individual will continue to suffer after the case settles or is resolved through trial.
- Past medical bills dating from the time of the accident up until the case settles or is resolved through trial.
Non-Economic Damages
Non-economic damages are also known as general damages. Non-economic damages can be challenging to quantify. The following are some of the types of non-economic damages you may file a claim for:
- Disfigurement or scarring
- Inconvenience
- Amputation
- Loss of use of bodily functions, such as smell or vision
- Loss of companionship
- Loss of enjoyment of life
- Emotional trauma
- Pain and suffering
Punitive Damages
Punitive damages are unique, and they are not automatically awarded or even considered in all personal injury cases. The California Civil Code states, “Where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” Punitive damages are reserved for gross negligence or willful misconduct.
Often, punitive damages are reserved for negligent actions that harm society as a whole and not one plaintiff. For example, toxic fumes from a power plant may harm everyone near the plant and thus constitute grossly negligent conduct. Our skilled and knowledgeable personal injury lawyer from our Fresno law firm can help you assess whether you may be eligible to pursue punitive damages.
Do I Need To Ask Specific Questions When I Meet With My Personal Injury Lawyer?
The initial consultation you have with a personal injury lawyer can help you learn more about your legal rights. The following are the types of questions you should consider asking your personal injury lawyer:
- Are any lawyers in your firm board-certified? Are you board-certified?
- Are you an active member of any legal organizations?
- Have you asked for punitive damages in any past cases?
- How many of your cases have proceeded through a trial?
- Is a particular lawyer working on my case? How many years has that personal injury lawyer practiced this area of law?
- How many years has this law firm practiced personal injury law?
- Do you work on specific types of cases more often than others?
- Do you take any cases on a referral basis from other legal professionals?
- Do you speak with your clients on the telephone? Do you use text as a means of communication?
- In cases similar to mine, what has been the usual settlement amount?
- Have you won cases similar to mine in court?
- How many personal injury cases have you settled?
Should I Retain A Personal Injury Lawyer If An Insurance Company Offers Me A Settlement?
Every injured victim may choose to pursue a claim and negotiate with the at-fault party’s insurance company without the assistance of a personal injury lawyer. However, retaining a Fresno personal injury lawyer can help you tackle the challenges and complexities of the legal process. Parties represented by legal counsel may receive guidance and support throughout the claims process. It can be challenging to tackle the complexities of civil procedure and the rules of evidence without the aid of a knowledgeable personal injury lawyer.
Those who suffer personal injuries may benefit from having a lawyer on their side. Insurance companies may fail to respond to claimants without legal representation. An attorney can help clients communicate with the insurance company, advocating for their interests and assisting with their claims.
I Do Not Have The Money To Pay A Personal Injury Lawyer. Can I Still Bring A Lawsuit?
You can pursue a personal injury case regardless of your current financial standing. The majority of personal injury lawyers work on a contingency fee basis. At Arash Law, we work on that particular payment structure. This means that you do not have to pay attorney’s fees unless we win your case. You will have fees deducted from your final settlement amount once your case is resolved. Their payment is usually a percentage of the final settlement or award, which you can agree on during the onboarding process. It is important to note that certain litigation costs and case expenses are still the clients’ responsibilities regardless of the outcome.
Filing A Personal Injury Claim While Being On Workers’ Compensation In Fresno
If you suffered personal injuries while working, then you will have an additional layer of complexity as part of your personal injury claim. If you were injured while working, then workers’ compensation may provide financial reparations for partial and temporary disability as well as lost earnings and medical expenses. You may also seek compensation for gas mileage related to the time it takes you to travel to treatment centers and medical facilities.
After the workers’ compensation case resolves, you may still have the opportunity to file a personal injury claim against any third party that caused your injuries. You must pay back workers’ compensation for the benefits you may have received. This payment will typically come out of any settlement award you may obtain.
If you need the assistance of a Fresno personal injury lawyer, contact us. Schedule a free initial consultation to explore your legal options. We have decades of experience representing injured clients in California. We seek compensation for your losses or injuries based on the evidence and California law.
Things To Do After An Accident In Fresno
You may feel unnerved, scared, and confused after suffering injuries during an accident. Before anything else, you need to receive medical treatment. You may not have discernible symptoms, or you may think you did not suffer injuries, but only a medical professional can assess your current condition.
Receiving a medical diagnosis shortly after the date of the accident can help you seek appropriate treatment, thus facilitating your recovery. The medical records and bills associated with your initial treatment can also be beneficial to your personal injury case. Medical records can document your injuries and support the claims you make in your demand letter or complaint.
Additionally, it is advisable to write down the names, contact details, and insurance information of anyone who was involved in the accident. If you have been involved in a pedestrian accident, you need to speak to the driver of the vehicle that struck you and any witnesses who observed it. Find out if any businesses near the accident scene had security cameras that may have recorded the accident in which you suffered injuries. Surveillance videos can be used in your personal injury case to support your claims.
Record the accident scene by taking photos and videos of the surrounding areas and any damage to property. You also need to document the damage to the other party’s automobile. During slip and fall cases, you may want to preserve your shoes and clothes that you were wearing at the time of the accident. Do not wash these items, as they can be used as evidence of the accident and your injuries.
Accident reconstructionists and other expert witnesses can use the photographs and videos you record. They may leverage these documents to glean insights into the causes of your injuries.
Refrain from making statements that may be misinterpreted as an admission of fault. Do not speak about fault to anyone except your personal injury lawyer. Avoid providing an oral or written statement to an insurance company without consulting your lawyer. Furthermore, don’t sign any document given to you by an insurance claim adjuster without having your counsel review the terms.
You may want to speak to a personal injury lawyer before you exchange any information with an insurance company. If you provide the insurance company with a problematic statement, it may be used against you later, and your claims may be disputed or denied altogether.
As soon as you receive medical treatment, consider consulting a Fresno personal injury lawyer. Many Fresno lawyers provide free initial consultations regarding personal injury cases. The consultation allows you to ask questions about personal injury cases and the legal options available to you.
Things To Avoid When Filing A Personal Injury Claim
Lying Or Exaggerating Your Injuries
You do not need to lie about your injuries or exaggerate your symptoms. If you speak to medical experts regarding your injuries, you need to be forthright and honest. Your personal injury lawyer may have hired an expert witness to testify about your injuries. When you are questioned by these experts about your injuries, you need to provide consistent and honest responses.
Do not lie to an insurance company. You need to be honest with your own insurance company and with the adverse party’s insurance company. You do not want to face fraud charges due to lies and dishonest assertions regarding your personal injuries.
Not Taking Prompt Action
Not taking immediate action is one of the most common mistakes parties make when they are involved in personal injury cases. The statute of limitations in California generally bars individuals from filing personal injury lawsuits two years after the date of the injury. If you wait to speak to a physician or visit an attorney’s office, you may inadvertently hinder your ability to pursue legal claims within the statute of limitations period.
Ignoring Recommendations Made By Medical Professionals
If you were injured in any type of accident, you need to see a medical professional as soon as possible. Do everything you can to get to a doctor’s office or emergency room promptly following an accident. Pay strict attention to the orders given to you by your doctor. You need to pick up your prescription medication, stop performing specific physical tasks, and attend physical therapy sessions as well as physical rehabilitation appointments.
Using Social Media
You may be tempted to discuss your injuries or facts regarding the accident on social media. However, it is advisable to avoid social media while you are involved in your personal injury case. Part of the independent investigation launched by insurance claim adjusters may involve searching your social media. They may look at your profiles closely to obtain information that can be used against you in your personal injury case.
Do Not Sign Any Documents Without Seeking Legal Advice
Do not sign any contracts, agreements, waivers, or any other type of document without speaking to your personal injury lawyer first. Insurance companies may offer a settlement agreement early on, but this may fail to account for the full extent of your losses. A personal injury lawyer can help you assess whether a settlement is reasonable. Your attorney can help you seek compensation for medical expenses, lost wages, and more. Consider speaking to a personal injury lawyer before you sign any settlement agreement.
Contact Our Fresno Personal Injury Lawyers
Our attorneys at Arash Law offer free case reviews for people who want to understand their situation before deciding on the next step. You can talk to us by phone or request an online consultation if that’s easier for you. During the review, a lawyer from our team can listen to what happened, look at your documents, and explain what legal options may apply based on California law.
If you’d like to learn more about how consultations work, or if you want to schedule a time to speak with someone, you may reach us by phone at (888) 488-1391 or through our contact form.
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