In legal terms, a personal injury is an injury that occurs from the negligent actions of an individual or from an organization that has failed to meet its standard of care or awareness of potential hazards on its property. These injuries also may have the basis for a claim against another person or company." } }, { "@type": "Question", "name": "What types of personal injury cases are there?", "acceptedAnswer": { "@type": "Answer", "text": "

Believe it or not, there are many types of personal injury incidents that can occur. Our law firm located in San Francisco has represented a number of personal injury cases. Types of personal injury cases include: Intentional Acts: If someone intentionally tries to harm someone else (such as in the case of an assault or assault and battery), this is an intentional act that you can file a personal injury claim with a personal injury lawyer. Defective Products: Even if the product manufacturer was not intentionally trying to harm anyone with their product, they can still be found liable if their defective product caused someone’s injuries. Accidents: These are some of the most common types of personal injury incidents to happen and it happens when someone else’s negligence causes another person to be harmed. This could be from a slip-and-fall accident or a car accident. " } },{ "@type": "Question", "name": "What are the steps of a personal injury claim?", "acceptedAnswer": { "@type": "Answer", "text": "

When you are filing a personal injury claim, our San Francisco, CA-based personal injury lawyer will tell you that there are usually a few things that must happen for a claim to be successful. First, the defendant must have done something to injure you (the plaintiff). They might have injured you in a car accident or hit you in the arm with a baseball bat. Next, you will need to show that the defendant breached their duty of care. If you slipped and fell in a restaurant, you must show that it was the restaurant owner’s job to make sure their premises were safe for you to be in. If you and your personal injury lawyer can prove that the defendant is responsible for your injuries, then it is possible to settle outside of court. They may wish to make you an offer of compensation instead of you pursuing a lawsuit. However, if that compensation is not satisfactory, you and your lawyer can take them to court. If, on the other hand, you do agree to the settlement offer, then the case ends there. If you are considering filing a personal injury claim or lawsuit against someone who causes you to suffer an injury, you should understand what damages are. This is a simple concept that exists in nearly all civil lawsuits. While this guide will go over what damages are and the different types of damages, you should speak with a personal injury lawyer to have all of your questions answered." } }, { "@type": "Question", "name": "How do you determine legal liability?", "acceptedAnswer": { "@type": "Answer", "text": "

This may sound like a difficult task, but it boils down to one thing: we must show that someone else’s carelessness—their negligence—caused the accident to happen. When someone is not acting reasonably carefully and they caused an accident that is responsible for your injuries, they are responsible for paying at least some portion of the damages that you have suffered. A personal injury lawyer knows there are a few ways that you can quickly determine liability once you have been injured. If you are on someone else’s property (and you are legally allowed to be there) but the property is poorly maintained and has dangerous areas, the owner of said property would be liable for your injuries because they did not properly maintain the property. If you were using a defective product, the seller or the manufacturer of the product would be liable if you become injured from using the product. Contacting our personal injury lawyer can help to determine liability for these often complex cases. If you were being careless on someone else’s property and you were not supposed to be on that property, you may be held responsible for your own injuries instead of the property owner. The property owner would not have a “duty” of being careful if they did not know you were there. If the owner of the property was careless and you were also careless, it is possible that you would only receive partial compensation for the injuries you sustained." } },{ "@type": "Question", "name": "How does compensation work if you are partially responsible?", "acceptedAnswer": { "@type": "Answer", "text": "

Our personal injury lawyer will tell you that compensation can vary based on the state that you live in. If you are partially responsible for the accident then it is likely you will receive part of the compensation. For example, if you are found to be 20% responsible for the accident and the other party is 80% responsible, you may find that out of 100% of the compensation, the total amount awarded to you is reduced by 20%." } }, { "@type": "Question", "name": "How Do I Start a Personal Injury Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text":"

Your first step is to file the complaint with the court and pay the appropriate fee. The court clerk will provide you with a copy so that you can serve notice to the defendant. Note: legally, you cannot do this yourself; it is necessary to either hire a process server or have the county sheriff do the job. An easier alternative is to consult with a personal injury lawyer in San Francisco, CA, and have them file the paperwork on your behalf."} },{ "@type": "Question", "name": "How Can I Maximize My Chances of Winning a Settlement?", "acceptedAnswer": { "@type": "Answer", "text":"

The case begins the moment you are injured. Steps to take include: getting photographic or video documentation of the accident write down the events to the best of your ability get names and contact information for any witnesses get examined by a medical professional In addition, your attorney may give you specific instructions; be sure to follow them carefully. "} },{ "@type": "Question", "name": "Will I Have to Go to Court?", "acceptedAnswer": { "@type": "Answer", "text":"

The good news is that very few personal injury cases go to trial. In most cases, it will not be the individual responsible for the accident who pays, but rather his or her insurance company. (Incidentally, this is why you do not want to sign any papers an insurance company representative may present to you, at least not before consulting with a personal injury lawyer in San Francisco, CA). Most injury lawsuits are settled out of court. This can take a great deal of negotiation, so having an experienced injury attorney speaking on your behalf is practically a necessity."} },{ "@type": "Question", "name": "How Much Can I Get?", "acceptedAnswer": { "@type": "Answer", "text":"

There are two issues, here: economic losses and non-economic losses. The former is easily calculated from your medical bills, costs of recovery and wages lost as a result. Non-economic damages are more difficult to determine: usually, the jury will use a multiplier based on economic damages."} },{ "@type": "Question", "name": "What Is a Personal Injury?", "acceptedAnswer": { "@type": "Answer", "text":"

A personal injury is an injury that’s someone else’s fault. It can happen because of negligence, recklessness or malicious intent. In other words, you were injured because of someone else’s lack of reasonable care. A personal injury lawyer in San Francisco, CA, can help you determine if you have a personal injury."} },{ "@type": "Question", "name": "What Should You Expect From Your Lawyer?", "acceptedAnswer": { "@type": "Answer", "text":"

You should expect your lawyer to provide several services on your behalf. The first is to send notice to all the insurance companies involved that he is representing you now, so they should stop calling you. Next, he should be able to refer you to the best doctors for your particular injuries. Once your medical care is complete or you know how much your future medical costs will be, your lawyer will gather all your records and send a demand to the insurance companies. At that point, he’ll open negotiations to get you a fair settlement for your injuries."} },{ "@type": "Question", "name": "What Type of Damages Could You Receive?", "acceptedAnswer": { "@type": "Answer", "text":"

There are two basic types of damages: economic and non-economic. Economic damages are those that have concrete numbers attached. Medical bills, lost wages, future medical care and future lost wages are all types of economic damages. Non-economic damages include pain and suffering, loss of companionship, loss of service and loss of enjoyment of life. The Morales Law Firm can help you put numbers to non-economic damages. "} },{ "@type": "Question", "name": "Is Filing a Lawsuit Always Necessary?", "acceptedAnswer": { "@type": "Answer", "text":"

A lawsuit isn’t usually necessary. Many claims are settled between your personal injury lawyer in San Francisco, CA, and the other party’s insurance company. If a settlement can’t be reached, only then would you need to file a lawsuit and take it to court. "} },{ "@type": "Question", "name": "How Do You Know If Your Personal Injury Case Is Worthwhile?", "acceptedAnswer": { "@type": "Answer", "text":"

When you speak with an attorney from The Morales Law Firm, he should be able to tell you, based on his experience, if your personal injury case is worthwhile. Factors he may consider include how much evidence you have, whether the other party admitted fault, and the severity of your injuries. "} },{ "@type": "Question", "name": "What Will You Be Responsible for Paying if You Lose Your Case?", "acceptedAnswer": { "@type": "Answer", "text":"

It’s standard practice in personal injury cases for attorneys to be paid a contingent fee. That means that if you don’t win, your personal injury lawyer in San Francisco, CA, doesn’t get paid. Some attorneys will ask you to pay for any costs incurred during the investigation of your case, such as court filing fees, and pay for expert witnesses. Other attorneys simply don’t charge you for anything. "} },{ "@type": "Question", "name": "What are the benefits of hiring a personal injury lawyer?", "acceptedAnswer": { "@type": "Answer", "text":"

If you suffered an injury in an accident, your medical bills may be piling up and you might not know when you can return to work. You deserve to be compensated for that. A skilled personal injury lawyer will know the true value of your case and will fight to get you the compensation you deserve. A personal injury lawyer will handle all communication with the negligent party’s insurance company. Insurance companies are notorious for offering accident victims as little compensation as they can. An experienced lawyer won’t let them take advantage of you. Pursuing a personal injury lawsuit can also be very time-consuming. When you’re trying to recover from an injury, the added stress of handling a lawsuit can be too much. A lawyer can handle all the legwork so that you can focus on getting better. "} },{ "@type": "Question", "name": "How much does a personal injury lawyer cost?", "acceptedAnswer": { "@type": "Answer", "text":"

Most personal injury lawyers work on a contingency fee. This means that they take a percentage of their clients’ winnings at the end of the case. If you don’t win your case, you won’t have to worry about owing your lawyer money. "} },{ "@type": "Question", "name": "What Does Social Media Have to Do with Personal Injury Cases?", "acceptedAnswer": { "@type": "Answer", "text":"

Recent research indicates that roughly half of Earth’s population can be accurately classified as daily users of social media platforms. Social media influences the ways in which families and friends stay connected, employers seek out applicants (and vice versa), entertainment is shared, and political and social discussions are engaged. For these reasons and many more, chances are good that you are a regular social media user. Although it can be tough, you may want to think about hitting “pause” on your social media accounts until your personal injury case is resolved. If you choose to continue using social media during this time, you’ll need to be very, very careful about what you say and/or do on any given platform. Engaging with social media without first thinking through your approach could significantly impact the ultimate outcome of your case. Increasingly, attorneys and insurance companies are using social media to determine whether claims that have been filed are legitimate or not. They evaluate an injury victim’s social media activity in an attempt to discern whether the victim in question is being truthful about the extent of their injuries. Even if you adjust your privacy settings to strictly limit who can view your activity (and you should do this for the life of your case), these interested parties may be able to see some or all of what you do on these platforms. The primary problem with this approach is that social media activity is subject to interpretation. If you have suffered a severe back injury and post a picture of yourself holding your new baby nephew up, others may interpret your activity as evidence that you aren’t really as hurt as you are – they have no way of knowing that you took this picture after a massage and taking pain killers. Don’t give anyone interested in the outcome of your case an excuse to devalue or dismiss it as a result of your social media activity."} },{ "@type": "Question", "name": "Do You Need to Hire a Lawyer?", "acceptedAnswer": { "@type": "Answer", "text":"

It is always important to retain legal representation if you are injured in an accident that occurred due to someone else’s negligent actions. Not only should you be compensated for any medical bills that you incurred due to the accident, but you should also be compensated for any damages to property, and possibly even for the pain and suffering you have had to deal with following the accident. There are so many different components of personal injury law, which is why it is crucial that you hire someone who knows what they are doing in court. You will have a much greater chance of gaining compensation if you use the right techniques in court or with insurance agents. "} },{ "@type": "Question", "name": "How Do You Pay for Legal Assistance?", "acceptedAnswer": { "@type": "Answer", "text":"

The thing that makes personal injury cases sometimes easier than others is that they are paid for on a contingency fee basis. This means that if you do not win your case, you owe nothing to the lawyer for their efforts. If you do win your case, instead of paying out of your own pocket, you will give a percentage of the winnings to the law firm. We will agree on this before the case so you know exactly what to expect. You have a much greater chance of not only winning your case with an experienced personal injury lawyer in California on your side, but you also may end up getting more out of it as well. A skilled personal injury lawyer will know what kind of damages to file for — including some of which you may incur in the future. Finally, we offer free consultations for personal injury cases, so there is no harm in reaching out and finding out whether or not someone at our law firm would be a good fit for you. Don’t worry as much about paying for a lawyer if you are planning on filing a personal injury lawsuit. You will likely be paying much more if you do not file for a case because you may end up having more in damages and future medical bills than you would have paid for legal representation. "} }] }

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