Sally Morin Personal Injury Lawyers

Home >> Personal Injury Claim FAQ

Sally Morin Personal Injury Lawyers

Home >> Personal Injury Claim FAQ

Sally Morin Personal Injury Lawyers

Home >> Personal Injury Claim FAQ

Personal Injury Claims FAQ

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To secure and maximize compensation in a settlement or in court, you and your attorney will need to establish the following concepts:

  • Duty of Care: You will need to demonstrate that the at-fault party had a legal responsibility to look after your safety.
  • Breach of Conduct: You will need to demonstrate that the at-fault party violated their duty of care. For example, if a driver ran through a stop sign.
  • Causal Effect: You must prove that the breach of duty caused or contributed to your injuries.
  • Damages: You will need to present evidence to demonstrate that the financial losses and damages related to your injuries were substantial.
  • Collect, Preserve, and Present Evidence to Support Your Claim, including:
     - Police accident report(s)
     - Emergency room or doctors' documentation (x-rays, ultrasounds, etc.)
     - Eyewitness testimony
     - Photos taken of the accident scene
     - Photos taken of your injuries immediately after the accident and as your injuries heal.
     - Contact info for any and all other parties involved (name, phone number, insurance company)
     - Employment records documenting your absences and wages you would have earned had you been at work
  • Get Medical Treatment. Examination and treatment are the only to accurately document the injuries from your accident. In most California car crash cases your medical expenses will be paid or reimbursed by your insurance company or that of the at-fault driver. 
  • Don’t Take the First Offer. If you do, you probably won't get all the compensation you deserve. You should at least consult with an experienced car accident attorney to maximize your potential insurance claim.
  • Don't Forget the Long Term Impacts of the Accident. If you were seriously injured, you're looking at follow up visits, physical therapy, decreased productivity at work and other damages. Under California law, you can be compensated for those expenses.
  • Build an Ironclad Case. To do this, you'll need to:
     - Serve discovery demands
     - Collect depositions from involved parties and witnesses
     - Request records from multiple parties (including your medical providers and insurance company)
     - Collect expert opinions from multiple medical specialists (including mental health professionals)
     - File all the correct paperwork with all the correct offices
    (An experienced attorney can do much of the heavy lifting for you.
  • Act As Soon As Possible. If you wait too long to seek compensation, the insurance company may argue you don't actually need the money.
  • Keep Your Case to Yourself. Representatives of the at-fault party may discover anything you post on social media and try to use it against you to minimize your compensation.
  • Five key factors figure into how much your potential personal injury claim is worth:

    1. Liability: Who is at fault for the accident?
    2. Injuries: How large are your associated medical expenses?
    3. Property Damage: What sort of monetary value can be assigned to your physical losses?
    4. Loss of Earnings: How much work did you miss and how has your productivity been impacted by the accident?
    5. Pain and Suffering: How did the accident impact everyday life? How long will those impacts last?

    Since 2017, the immigration status of a plaintiff is not admissible in a trial, nor are a defendant or the defense attorneys allowed to seek discovery of this information.

    Thus, trial awards in personal injury cases are based on the plaintiff's U.S. wages and healthcare costs regardless of their immigration status, and the plaintiff does not have to fear deportation as a result of a personal injury trial, as their immigration status cannot become a part of the court record.

    Want More Answers?

    Get a copy of our answers to 64 of the most common questions people have about:


    • Personal Injury Claims
    • Personal Injury Lawyers
    • The Personal Injury Process
    • How to build a strong personal injury case
    • Insurance Coverage in Personal Injury Claims
    • Medical Bills and Treatment
    • Property Damage Claims
    • Fees and costs in a personal injury claim
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