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How To Maximize Your Personal Injury Settlement

October 11, 2012 Personal Injury, Personal Injury Claims Robert May 1,742 Views No Comments
How To Maximize Your Personal Injury Settlement

There are times when a person suffers injuries or other damages, due to the negligence of another person or entity. This is the time when he or she needs to be aware of the personal injury laws that can be of help. California personal injury law is based on the law of torts. This law allows for remedies for any harmful act or failure.

The Law of Torts

Basically, this law requires compensation for any injuries caused, whether they are physical, mental or financial. A tort is normally not considered a crime, though willfully causing bodily injury, can be considered one. Torts can be intentional, due to negligence, or those based on liability. An intentional tort, that can lead to personal injury settlements, is based on intentional action like invasion of privacy, trespass, false imprisonment and defamation. To get compensated for such an intentional tort, the willful act of the defendant has to be proved. In case of a negligent tort, it has to be proved that the defendant had an obligation to perform a duty, and breached the duty, the failure of which led to injuries and damages. In cases of liability tort, the obligation of the defendant to take certain action has to be proved. Product liability also comes under such a tort.

Statistics on Personal Injuries

Most personal injuries can never be predicted. So a person can slip and fall, get bitten by a neighbor’s pet, or get involved in an accident. You can also get struck by falling objects or fall against them. Injuries in the state of California lead to 15,000 deaths annually. While over a quarter of a million people do get hospitalized. Such injuries can lead to 75,000 people getting permanently disabled. Injuries due to falls, affect over a hundred thousand people, while automobile and motorcycle injuries affect 25,000 people, every year. Most injury victims do seek advice from injury attorneys so that they can claim personal injury settlements.

How to Collect a Personal Injury Settlement

When you suffer a personal injury it is best to look for the services of a personal injury attorney, if you feel that the injury is due to someone’s negligence. A personal injury settlement can come from injuries that have resulted in broken bones, scarring, disfigurement, pain and trauma. They can be the result of workplace or automobile accidents, attacks by animals, defective devices and medical negligence. If a fault is proved and the injuries are of a minor nature, insurance companies and defendants prefer to settle out of court, so that lengthy litigation can be avoided. Larger injuries can lead to further losses due to loss of the ability to earn, permanent disabilities or medical conditions that lead to continuing expenses.

How to Collect a Personal Injury Settlement

To collect any such settlement, it is necessary that the personal injury attorney is able to prove negligence of the defendant, and this may mean that the injured person has to be able to collect sufficient evidence or assist the attorney to do this. It is required to properly document injuries, through medical reports, document any damages to property, prepare documents to establish loss of income, if this is being claimed and generally let the defendant or insurance company know that you are prepared to establish your claim. Personal injury claims do not have to go through the legal processes, and most insurance companies prefer to negotiate, in order to save on litigation costs. The personal injury attorney that you appoint must have sufficient experience in such negotiation, so that you can be ably served.

Maximize Your Personal Injury Settlement

Contact the injury lawyers at The May Firm to maximize the value of your personal injury case. Our attorney have negotiated and collected millions of dollars in compensation for our clients and we will treat your case with the same care and experience we do for all of our clients.

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San Luis Obispo, California 93405
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Santa Barbara, California 93101
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