Construction Accidents

Construction Accidents

A Personal Injury Case Outline

Whereas some very simple and straightforward claims may be more economically handled by the injured persons themselves, the majority of claims will involve complexities that are not obvious to the average person and which may significantly affect the value of their claims.

Since an initial case consultation and evaluation of your California personal injury claim by the Law Offices of Edward A. Smith is free of charge, you have nothing to lose and everything to gain by having us review your claim. Even if we are unable to take your case, we may be able to provide you with valuable tips for resolving your claim yourself or refer you to an experienced specialist attorney who can give you additional help. For an evaluation of your claim, please use our Personal Injury Questionnaire or direct questions to us via Email. A typical Personal Injury Case will include some or all of the following stages:

The Incident

* At-Scene Investigation
* Insurance Company Investigation
* Attorney Investigation

The Insurance Claim

* Contacting and Cooperating with Your Own Insurance Company
* Contacting The Negligent Person's Insurance Company
* The Settlement Demand

The Lawsuit

* When, Why and Where to File a Lawsuit
* Fast Track Court Rules and Requirements
* Discovery
* Arbitration/Mediation
* Trial

A personal injury case usually begins as a claim brought against the negligent person's insurance coverage (or if none is available, against the injured party's uninsured motorist coverage), or against the internal claims-handling offices of self-insured governmental or corporate entities.

The resolution of a personal injury case, even at this early claims stage, is often a complex and legally complicated process, and includes:

* Determining who specifically may assert the claim.
* Determining the nature, proof and legal valuation of their injuries.
* Preparing and filing all necessary paperwork to establish the claim.
* Protecting against the expiration of a claim due to the passage of a statute of limitations.
* Collecting and presenting evidence of the negligent party's responsibility.
* Presenting and negotiating formal settlement demands.
* Preparing and filing a formal lawsuit, if necessary, to preserve the injured party's legal rights.