With around 4 million people experiencing dog bites each year, this is not a small problem. You may be wondering if you should look into lawyers for dog bites or if you should just “let it go.”
The thing to think about is that if you just “let it go,” who could be hurt by this dog again? Left unchecked, this dog could be allowed to continue hurting people because of the negligence of its owner.
Continue reading this article to learn whether you should hire a dog bite lawyer or not.
Check to Make Sure You’re Within the Statute of Limitations
Before you hire an attorney, you should check to make sure you aren’t over the statute of limitations. You’ll need to check your specific state to find out the laws that govern your case. There are some instances when the time may pause and you’ll technically be able to make a claim longer than the stated time in the statute of limitations.
Check If the Owner is Liable
Different states have different laws for dog owner liability. Some state’s laws only state that the owner is liable when the dog bites someone. In other cases, the owners are liable even if the dog causes an enjoy from knocking someone over or something similar.
Feeling Confused & Overwhelmed?
If you’re feeling confused and overwhelmed, it might be a good time to speak with an attorney that can help you with your dog bite case. Being attacked by an animal is a traumatic experience and you might be due compensation.
If you aren’t aware of the state laws that are in place to protect you, you might not know how to best plead your case. When you work with a dog bite attorney that practices in your local area, they know the laws and they know how to bring the case before the court properly. In some instances, you may not even need to take the case to court because people will settle outside of court.
How to Choose a Good Dog Bite Lawyer
Once you know you need legal help and want to hire a lawyer, you shouldn’t put your case in the hands of just anyone. Making sure you work with someone that can help you get the compensation due to you is key vs. just trying to find an attorney that is the least expensive.
Here are some ways to make sure you find a lawyer that can help you with your case.
1. Experience With Dog Bite Cases in Your Locale
Working with an attorney that has experience negotiating and arguing cases in your locale is an important part of getting the compensation due to you. A general practice attorney may not have much more experience or knowledge on dog bite law than you, so make sure to do your homework.
2. Positive Ratings Online
Before scheduling a meeting with a lawyer, look at their ratings online. While the information on their site might be helpful, you want to see what independent ratings people are giving them. Look at their Google My Business page, Yelp, and other sites to see what people are saying.
You can also find forums online that are meant to specifically help people searching for reviews on attorneys. You can post your questions there and see if anyone knows about the attorney you’re considering.
3. Ability to Answer Questions
If you do find someone that is a good candidate to help you with your case, bring a list of questions. If they aren’t able to help you with the questions, it’s unlikely they are the right lawyer for you.
Keep in mind that you shouldn’t ask attorneys to provide you their services for free. Keep your questions to questions about their qualifications and how they see themselves being able to help you with your case.
Making sure you find an attorney that is available to work your case is a must. If you notice that the attorney isn’t able to return your calls in a timely manner, they likely don’t have time to work on your case.
You don’t want to draw your case out any longer than you have to. Having an attorney that is too busy to negotiate or argue your case properly could hurt your chances of getting a fair settlement from your personal injury.
Check to see if the attorney is going to be the one that is working your case or if they are going to hand your case off to a junior attorney. They may also have a paralegal do most of the work.
While it’s not a bad thing if these people handle your case, you should understand how they are going to do it. If you don’t feel comfortable with the way they’re dealing with things, find another attorney to work with.
5. Lawyers for Dog Bites Affordability
While you don’t want to choose an attorney purely off of price, you do want to find someone that is within your budget. You may be able to find an attorney that has all of the qualifications you need that offers a payment plan. Don’t be afraid to ask how they can work with you if you’re tight on funds.
Increase Your Legal Savvy
Now that you know more about lawyers for dog bites and whether you should hire one, why not continue your learning journey? We have many articles that will help you increase your legal savvy.
Navigate through our site, find your favorite section, drop a bookmark and come back soon for more great reads.
Dogs are known as man’s best friend. In millions of households, they are beloved family members.
But they are still animals, and sometimes they can be unpredictable.
In fact, according to the Centers for Disease Control and Prevention, about 4.5 million people are bitten by dogs each year.
A study from the Insurance Information Institute found the number of dog-bite claims nationwide is increasing.
Even seemingly minor dog bites can result in significant medical bills and other harmful consequences.
Reporting a dog bite is crucial, but it’s only one of the steps you should take to protect yourself and your family both physically and financially.
Here’s what you need to do if you or a family member is bitten by a dog.
Get Medical Attention
The first thing you should do after a dog bite is get medical attention. If the bite is severe, you should call 911 or have someone drive you to the emergency room.
Even if the bite is minor, you should see a doctor. Dog bites can lead to many complications and infections. Dogs that have not been vaccinated could carry rabies.
It’s important you get a medical evaluation of your injuries and have all necessary tests performed.
The records showing your medical treatments and testing also will be important when you need to demonstrate that you sustained injuries and deserve compensation.
If possible, you should take pictures of your injuries, including puncture wounds and bruises, before your treatment begins or as soon after the incident as possible.
Identify the Dog and Its Owner
It is crucial after a dog bite that you identify the dog’s owner and (if needed) the people who had custody of the dog when it attacked you.
If you are unable to get this information, you may not be able to verify the dog’s vaccination history. This could mean you’ll have to go through a series of expensive and painful rabies shots.
And it might mean you’re not able to pursue legal action later.
If the dog is not with its owner, you (or someone you designate) should check to see if anyone in homes nearby recognizes the dog.
Try to take a photo of the dog, if possible.
If you are not able to identify the dog and owner because of your injuries, see if someone else can do it for you.
Documenting a Dog Bite
Besides taking a picture of your injuries, document everything connected to the dog bite incident, including any torn or bloody clothing.
You should also write down everything that happened as soon as possible. The more details and circumstances you can remember, the better.
You (or someone you designate) should also speak to any witnesses and document their accounts of what happened. Witness accounts can be very important, especially if there is a dispute with the dog owner.
Reporting a Dog Bite
Reporting a dog bite to your local animal control agency is very important.
Sometimes a dog bite victim doesn’t want to file a report because he or she is friends with the owner. Or maybe they don’t want anything to happen to the dog.
But filing a dog-bite report helps authorities enforce state and local dog-bite laws. It also may prevent future attacks as the dog that bit you or your family member could well bite someone else if steps are not taken to stop it.
Reporting a dog bite to authorities will trigger an investigation. If a dog is found to be dangerous, the owner may be required to take extra precautions with the dog to protect public safety. In extreme cases, a particularly vicious dog may need to be put down.
The owner may also face fines or even criminal charges if he or she doesn’t comply.
Reporting a dog bite also provides legal documentation for your case. You will need the report if you need to file an insurance claim or a lawsuit against the owner.
Filing a report will also help you get details about the dog’s history and its vaccination records.
Besides all that, alerting animal control agencies about a dog bite can sometimes reveal that the dog is being abused or neglected, and needs to be rescued.
Dogs that bite may also be victims, and bringing official attention to their living conditions may also expose their dangerous living conditions.
It’s important you cooperate with the animal control investigation into the dog-bite incident.
Animal control may issue subpoenas, interview witnesses, and hold hearings to figure out what happened.
What the Law Says
The laws on dog bites vary from state to state, and city to cite.
It’s important for you to know the specific laws in place in the location where your dog attack took place.
In most states, the law holds owners automatically liable for any injury their dog causes, whether they knew their dog was likely to bite or not.
But some states have a one-bite rule that says the dog owner is only responsible if he or she knew the dog was likely to bite or had a history of biting.
There are also breed-specific and other rules imposed by cities and counties.
Fortunately, dog-bite damages are usually covered by homeowners and renters insurance policies, up to liability limits (usually $100,000 to $300,000). Any damages above those limits would be the responsibility of the dog owner.
Get A Lawyer
The legal issues in a dog-bite case can be complicated and difficult. A lawyer with experience handling dog-bite claims in your specific location will be able to walk you through the process.
But every state has a statute of limitations on filing dog-bite lawsuits.
In most cases, that limit is two or three years. So it’s important to act right away after a dog bite to line up legal help and make sure you get compensation for your injuries.
A good legal team can help you discover more information about the dog-bite statutes in your area, as well as about other matters.
We Can Help You
We’ve got lots more legal information, as well as an extensive listing of attorneys in every area of the law and in every part of the country.
Contact us so we can help you today!
Were you recently attacked by a dog?
About 4.7 million dog bites occur in the United States every year and a large percentage of those attacks require medical attention and even lead to legal action.
Getting attacked by a dog can be traumatic for the victim and their friends or family. Be prepared by knowing your rights and what necessary measures to take after an attack occurs.
Read on to learn more about what to do if a dog attacks you.
Get Information About the Dog and Its Owner
If a dog bites you, one of the first steps, aside from seeking the necessary medical attention if the situation is urgent, is to get the information from both the owner and their dog.
In most states, dogs require a license and to be registered to an owner. And just because a dog is with a human, doesn’t mean that person is their owner. Clarify if that person is indeed the owner and if not, ask for the owner’s information.
Be sure you get the information of the person who was with the dog at the time of the attack since they’ll be an eyewitness. At the very least, you should write down the name, breed, and age of the dog for your records if the owner isn’t able to supply you with more information at that time.
Go to the Doctor
If the bite is severe, don’t waste time driving to the doctor or hospital, simply call for an ambulance. While all dogs should be up-to-date on their vaccinations and vet visits but you won’t know that for sure so don’t mess around if the bite looks serious.
If the bite does not result in an urgent situation, you should still visit the doctor for a check-up. Let your physician know what happened as he may suggest administering a tetanus shot to avoid the bite from getting worse or causing an infection.
By visiting your doctor after the incident, he’ll also be able to make a report of the attack and keep track on your injury as you recover. This will be important information as you move to file a report or take legal action against the owner of the dog.
It will also help your case to have documentation of the attack right away. If you wait too long to go to the doctor, it would appear that your injury wasn’t as serious as you may now be claiming it is.
If it wasn’t necessary to call the police or an ambulance when the attack occurred, be sure to file a report once you’ve visited your doctor and have an idea of how bad the injury is.
If police were called during the attack or you were rushed to the hospital, a report should already have been filed by the authorities in charge at the scene. If this didn’t happen, you can file a report with your local authorities within the city you reside in.
This is usually as simple as contacting your local police or visiting the station nearest to where you live or where the attack took place and explaining to them you’d like to file a report of a dog attack.
You may not think this is necessary, especially if the injury is minor but it’s important to do. For starters, sometimes you don’t know the severity of an injury until later on as new symptoms can develop after a few days or even weeks.
Second, if you don’t file a report, a dangerous dog is still potentially on the streets as their owner likely won’t take the steps to fix the problem or ensure their dog isn’t around people anymore. It’s important to alert authorities so they can stop the dog from hurting anyone else.
You’ve started your documentation by visiting the doctor and reporting the incident. Keep it up by taking photos of any injuries sustained, ripped clothing or other damage to either yourself or your personal property.
Taking photos and keeping track of what really happened with visual evidence will streamline any legal proceedings and keep things from turning into your word against the dog owner’s, especially if there were no witnesses.
Contact a Lawyer
If you’re seriously hurt and want to receive financial compensation for your medical bills, missed work or pain and suffering, you may want to contact a personal injury lawyer. They can help determine your options and see if a legal proceeding is the best course of action.
With a lawyer, you have someone in your corner who can help you navigate this path safely and protect you during the process. They will understand your rights and what you’re owed better than anyone.
Keep a Log
Keeping a log is helpful regardless of whether or not you take legal action, but can be especially helpful to your lawyer once it does come time to settle the case or go to court.
Legal proceedings don’t move quickly. There’s a lot of back and forth and time spent waiting for the next move. During this time, it’s helpful to keep a timeline of everything that has occurred.
This could mean tracking doctors visits, physical therapy sessions, days taken off work, emails and phone calls from the dogs’ owner and more. Keep all of this information in one place; either on your computer or in a printed folder so you can access it quickly should either you or your attorney need information.
Having this log will be very helpful and can save you from having to jog a foggy memory of what happened throughout the course of the situation.
What to Do If a Dog Attacks You: Now You Know!
With the information provided above, you no longer have to wonder what to do if a dog attacks you.
These valuable steps can help guide you should you find yourself in this unpleasant situation. Keep in mind that you should always see a doctor, as your health is most important, and report the attack to authorities.
Check out the rest of our site today to find the right attorney for your case and don’t forget to check out our blog for more legal tips.
You may have heard how big companies such as Amazon may be responsible for product liability injuries from products sold by third-party sellers. Yet, these cases aren’t the only types of lawsuits that stem from tort law. When you suffer an injury, you may be eligible to file this type of legal action.
Did you suffer an injury? If you answered yes, you should learn as much as you can about tort lawsuits before filing your case. Don’t know where to start?
We’ve got you covered. Here are the 5 most important things you need to understand about this type of law.
1. What Is a Tort?
Every tort lawsuit stems from the commission of a tort. This term refers to the act or omission of acting that causes an injury or harm to another person.
Keep in mind torts aren’t criminal acts. These actions refer to a civil wrong.
2. There Are Three Main Types of Torts.
Before considering filing a legal action, you must make sure your injury falls into the types of torts you can file. Intentional torts, negligence and strict liability are the main categories of torts you may claim in your case. Assault, battery, fraud, and defamation are examples of the first category.
Strict liability torts refer to product liability, dog bite lawsuits, and other dangerous activities. Slip and fall injuries, car accidents and medical malpractice are examples of negligence torts.
3. In a Tort Case, Plaintiffs Need to Meet the Preponderance of Evidence Standard of Proof.
To be eligible for relief, plaintiffs must meet the preponderance of evidence standard of proof in court. This refers to proving the defendant is more likely than not legally responsible for the harm or injury caused.
Before filing your lawsuit, it’s vital to make sure your evidence meets this standard. While you may think you have enough proof to back your claim, you should consult an experienced personal injury attorney such as James Bergener to make sure.
4. You’ll Need to Prove 4 Elements in Negligence Cases.
Negligence is one of the most common tort lawsuits. When you file this type of legal action, you’ll need to prove the failure of duty, breach, causation, and harm from the defendant.
An example is how a doctor owes their patients the duty of providing the best treatment for their ailment. If you can’t prove the person owed a duty, you won’t be able to file your tort case.
5. You May Receive More Than One Type of Remedy in a Tort Lawsuit.
You may think a tort case will only make you eligible to receive monetary relief. However, you may receive damages awards, monetary damages and even a court order asking the defendant to cease their conduct.
Monetary damages refer to awards for the economic losses you suffer due to the harm or injury. The court may allocate damages awards for emotional distress, lost wages, pain, suffering, among other causes. Keep in mind awards vary on a case by case basis.
So You Know the Basics About Tort Law, Now What?
Understanding the basics of tort law is the first step to protect yourself and your family. However, it isn’t enough to receive the relief you deserve after suffering an injury. It’s vital to document your injury and consult an attorney.
A legal expert can provide insight into your options and your cause of action. Don’t leave it until later and make your tort claim today.
Did you find this article interesting? Check out the rest of our site for more helpful articles.
Every year, more than 2 million Americans sustain injuries during a car accident. And about 200,000 of them are hospitalized as a result of their injuries.
Many of these people choose to file car accident cases in an effort to receive compensation from other drivers or car insurance companies. This makes car accident cases one of the most common types of personal injury cases – but they aren’t the only ones.
Here are four cases commonly filed each year.
1. Slip and Fall Cases
Every year, nearly 1 million people are injured during slips and fall accidents on the job. They’re injured in a variety of different industries, including:
Many of these people sustain injuries to their backs, necks, shoulders, arms and legs, and even heads. They’re often forced to stay out of work for extended periods of time, and some even end up out of work forever.
If you’re ever involved in a slip and fall accident as a result of someone else’s negligence, you might want to speak with a lawyer about it. Know when to ask a spinal injury lawyer or personal injury lawyer to represent you.
2. Medical Malpractice Cases
Did you know that about 250,000 people die every year due to medical errors made by doctors? Medical errors impact people a lot more often than you might think.
When a doctor makes a medical error that results in death or another health complication, a person or their family can file a medical malpractice case. Although medical malpractice cases are often complicated, they can get people the money they deserve in the aftermath of medical errors.
3. Dog Bite Cases
Dogs are “man’s best friend.” But that doesn’t stop almost 5 million dogs from biting Americans every year.
About 800,000 people are treated for dog bites on an annual basis. There are even a handful of people killed due to dog bites each year.
If you’re ever on the receiving end of a dog bite, talk to a lawyer about potentially filing a lawsuit against the dog’s owner. They might be on the hook for any medical bills that you rack up treating a dog bite.
4. Defamation Cases
You don’t need to get physically hurt to file a personal injury case. Some personal injury cases involve emotional pain and suffering.
Defamation is one such case. When someone uses libel or slander to hurt your reputation, they could be forced to pay for it. You just need to prove that the defamation hurt you financially in some way.
Defamation cases can be challenging to prove in court, which is why you’ll need a top personal injury lawyer on your side. Look for someone with experience when it comes to defamation.
Hire the Right Lawyer to Help With the Different Types of Personal Injury Cases
Different personal injury lawyers can help you with the different types of personal injury cases.
If you were involved in a car accident and want to hire a personal injury lawyer, find one who has experience with car accident cases. If, on the other hand, you were involved in a slip and fall accident, search for someone who has expertise in this area.
This will give you the best chance to win your case and help get answers to all your pressing personal injury questions.
Browse our blog to read more about hiring the right personal injury lawyer for your specific case.
In the state of California, when a person suffers a personal injury, they are legally entitled to file a claim for damages. Generally speaking, there are a number of damages for which you can claim compensation. There are different personal injury cases that allow injured plaintiffs to collect certain types of damages.
Types of Personal Injury Claims
Personal injury claims can be divided into different categories. A person can suffer injuries as a result of an intentional act, negligence and strict liability. It’s important to understand each of these to determine the damages available to be claimed:
Intentional Torts: An intentional tort results in a personal injury that was inflicted on the victim deliberately or willfully. However, a person can also be found liable if they were willfully ignorant in their actions that led to the plaintiff’s personal injury.
Negligent Torts: The majority of personal injury claims are based on the theory of negligence. If the individual who caused an injury to another person owed them a duty of care and breached that duty, they can be found liable for the injury. The most common example of negligence in a personal injury case is a car accident in which a driver was distracted or driving recklessly, not following the rules of the road or the laws, and their actions caused an injury to another person.
Strict Liability: Strict liability is a type of personal injury case that results in a plaintiff suffering injuries while the at-fault party did not intentionally or negligently cause harm. Product liability cases are the most common examples of this type of personal injury claim.
Types of Personal Injury Damages
Personal injury claims allow for special damages for economic hardships suffered after an accident. These damages are meant to compensate the individual for money they lost due to being unable to work. They can also be used to compensate the person for medical bills and any future medical expenses. Additionally, special damages can even compensate for important daily expenses such as rent, mortgage, utilities, landscaping and more.
General damages are those that compensate an injured person for any non-economic damages. For example, if a person has been permanently injured or disabled as a result of an accident, they can claim general damages for pain and suffering and mental anguish. It’s even possible to claim this type of compensation when the individual has lost a loved one as a result of the accident.
However, it’s important to note that it can be complex determining the value of general damages. For that reason, it’s wise to retain an experienced personal injury attorney who can accurately assess the damages suffered.
Wrongful Death Damages
Wrongful death damages can be claimed to compensate the loved ones of a person whose death was caused by an intentional or negligent act. The damages are awarded to pay for funeral and burial expenses, medical expenses that existed prior to the person’s death, financial hardship and emotional damages. The romantic partner of the deceased can also claim additional damages in a wrongful death suit.
Punitive damages are in a different category altogether, but can be claimed by an injured victim, if the court determines that the defendant’s behavior was especially bad. These damages are essentially awarded to a victim to make them whole again after they have suffered harm. In most cases, large businesses, particularly corporations, are ordered to pay punitive damages.
Laws Pertaining to California
There are certain laws in place in California that may affect a personal injury claim. They include the following:
Shared Fault: California is a state that has shared fault laws. This means if the plaintiff is found to be partly at fault for their injuries, they would receive a reduced amount of compensation than what they originally sought. For instance, if a car accident occurred when the defendant ran a red light but the plaintiff was traveling above the speed limit, the plaintiff might be found 10 percent at fault. If they were seeking $10,000 in compensation, that would be reduced to $9,000 as a result.
Injury Damage Limits: If a person was injured in a car accident but had no insurance, they are not eligible to sue for non-economic damages, even if the other person was at fault for the accident. On the flip side, if the plaintiff lacked insurance and the defendant was driving under the influence, the plaintiff can recover damages.
Dog Bites: In dog bite cases, California law states that the owner is strictly liable whether or not they knew their pet had a tendency to attack or bite a person. As a result, an injured person can receive compensation for their injuries.
If you have suffered injuries that were no fault of your own, you need an attorney to assist you in starting a personal injury claim. Discuss your case with a lawyer immediately.
Did you know that of the many reasons to visit an attorney, a personal injury claim is one of the most common? A personal injury can happen to anyone at any time, and the results can be extremely difficult for you to cope with. Explained as an injury that is caused by someone else’s negligence, it can go on to result in physical and/or mental injury that can last weeks, months, years, and even longer. This is exactly why victims of personal injury file claims and go after compensation, to cover medical bills, loss wages, and personal suffering.
So, what are the most common personal injury claims here in the US? Well there are a few that sit at the top of the list, and again these are injuries that know no bounds and can happen to anyone at any time, no matter how careful you may be.
Vehicle and Transportation Accidents
This first one likely comes as no surprise, as statistics show that 2.35 million people are injured or disabled due to a car accident each and every year in the United States. On top of that an additional 37,000 people die in road crashes each and every year. These are some rather grim statistics, and unfortunately show just how common a motor vehicle accident is.
Now, it’s also important to point out that not all accidents are necessarily serious. Even if you sustain just minor injuries that you recover from in a few weeks, the point is that there may still be reason to file a personal injury claim. If you require compensation, then a claim is necessary.
Injuries Caused in the Workplace
Another common personal injury claim here in the US relates to injuries sustained in the workplace. While these are more common in factory type jobs, injuries can happen anywhere, even in an office-type of setting. Remember, the injury must be sustained due to a person’s negligence, so this would be negligence on behalf of the employer.
Slip and Fall Accidents
Here’s another personal injury that attorneys are used to seeing – slip and falls due to a homeowner or business’s negligence. As discussed by a Colorado Springs Injury Attorney at Greenlaw Firm, these too can happen any time. For someone else to be at fault you need to be able to prove there were dangerous conditions that should have been remedied.
Then we have dog bites, which can cause very serious injuries to a person that require quite a bit of recovery time and medical attention. According to the Center for Disease Control (CDC) in the United States, there are around 4.7 million dog bites each year, and of those, around 800,000 require medical care. This means about one in every 69 people here in the US will sustain a dog bite at some point or another.
A Small Look at the Claims
This is just a quick look at some of the most common personal injury claims here in the country, but by no means is this a complete list. Personal injuries due to another person’s negligence are more common than you may think.
There are a lot of different circumstances that can lead to personal injury. Many of the situations in which injuries occur are the result of someone else’s negligence. If you have been in any type of accident, such as a workplace accident, slip and fall accident, or auto accident, and you were injured, there are some steps you should take to protect yourself and your right to compensation.
Types of Personal Injury Accidents
These steps are necessary for any personal injury accident. There are a number of ways that you might be injured due to someone else’s negligence. Some of the most common personal injury accidents include:
- Slip and fall accidents
- Dog bite attacks
- Construction site accidents
- On the job accidents
- Product malfunction or dangerous manufacture
- Accidents in retail establishments
If you are every injured due to the negligence of another party, you should take these measures to make sure that you are protected. Your ability to be compensated for your injuries depends on the steps you take when the accident first occurs.
Seek Medical Attention
Even if you think that your injuries are minor, you should seek medical attention immediately after any accident resulting in personal injury. Some injuries are worse than they first appear. If you do not seek treatment immediately, it could be argued later that your injuries were caused by something else. Seeking immediate treatment is important for building your case to be compensated for your injuries.
If you are restricted on your work duties or given limitations of any kind due to your injuries, you should be sure to follow them. Make sure that you attend any follow up treatment as well. Even if you start feeling better, you need to follow up and make sure you are following your doctor’s orders. Not only could you injure yourself again by ignoring restrictions, but you could put your ability to be compensated for your injuries in jeopardy.
Don’t Sign Anything
Insurance companies, whether it is car insurance, homeowner’s insurance, or worker’s compensation insurance, are in the business of protecting their profits. They will try to settle with you for the lowest amount they think you will agree to. This may not cover all of your medical treatments and losses due to your injuries. Before signing anything, you should make sure that you understand fully what compensation you are receiving. Once you sign or cash the check, you will be unable to get any additional compensation.
Contact an Attorney
The first thing you should do in any personal injury accident is contact an attorney. You will need someone fighting on your side to negotiate with the negligent party and their insurance carriers, if any. An attorney will be able to fully understand the scope of your losses and what compensation you are entitled to. You will fare much better if you talk to an attorney before discussing the accident with the negligent party or their representatives. Let the lawyer negotiate and discuss the case with them on your behalf for the best chances at receiving the full compensation that you deserve.
A personal injury attorney is one of the three types of lawyers that you need to have on your contact list or even hire on a retainer in the state of California. Whether you are planning to become a permanent resident or work for a certain period in California, it will be a good idea to know the likeliest types of legal representations that you might need. This is not to imply that you are sure to lodge or face a lawsuit should you decide to live in the state. Rather, the following is more like knowing where the umbrella is just in case the rain starts to fall. Therefore, what kind of attorneys should you look for if you are planning to move to California? Here are the three common types of lawyers that you need in California.
Foreclosure Fraud Attorney
If you plan on living in and owning a home in California, it will do you well to know one or two foreclosure fraud lawyers. Fraud schemes related to mortgage debt and foreclosure abound in the state, and you sure don’t want to be at the receiving end of one. Whenever crises in real estate occur in California, more people prey on homeowners especially those who they know are having money troubles. Scammers know that such homeowners are also likely having problems making their mortgage payments.
One such scheme is “dual tracking,” and the lenders themselves are the perpetrators. In this type of foreclosure scam, the lender is working his way to foreclosing the property while making the borrower believe that he is supposedly trying to find ways to resolve the loan. The scammer will surprise the borrower by sending a notice of default or a trustee sale.
This scheme is illegal in California, but you need a specialist in this field to help you deal with it. A good foreclosure fraud attorney will see signs of dual tracking however innocuous they may seem. California laws are designed to protect borrowers from dual tracking and other types of foreclosure frauds. Knowing a good foreclosure fraud attorney will help make sure that you enjoy this protection to the full.
Personal Injury Attorney
In California, personal injury pertains to any mental or physical harm that is inflicted on a person due to the negligence of another. Such injuries can be minor or can be so bad that it becomes fatal. This, however, does not apply to damage to property. Among the examples of personal injuries are those that are caused by accidents that involve automobiles, boats and trains; slip and falls; dog bites; and medical malpractice. If your lawyer is successful in proving that the other party was negligent, then you stand to collect money as reparation for the injury that you have sustained.
There are many reasons why you need to know at least one good personal injury lawyer. One of these reasons is that traffic accidents happen most frequently in California than in any other states in the United States. This is due to the large number of vehicles plying the state’s highways where you’ll also likely to be driving on once you move to California. Should you suffer the misfortune of being involved in a fender-bender, you’ll be thankful that you have the number of a good personal injury lawyer to help you deal with a personal injury lawsuit. Your lawyer can help explain your legal options or collect compensation if you were the aggrieved party.
Labor laws vary from state to state, and you’ll benefit from knowing a good employment lawyer if you are coming to California to work. They can be a godsend especially in recessionary times when employers try to cut their losses by shortchanging their workers. You can also consult an employment attorney if there is anything about your employment that you are not comfortable with and see if your work conditions are compliant with state regulations.
Knowing the types of lawyers that you need in California is one thing, finding good ones of each type, however, is another. Before settling on any lawyer that comes up on your search, it will do you well to do your research on those that you may hire soon. Most lawyers often offer a free initial consultation. You can take this opportunity to find out more about the lawyer and see if he or she suits your requirements.
Finding fault with others is precisely what you must do to earn compensation for injuries arising from some incident whether you slip on the floor of a shopping complex or hurting yourself in a car accident. The law is clear that when an injury happens to you due to someone else’s fault, then you have every right to seek compensation. The onus is on the claimant or plaintiff to comprehensively establish the fact that the injuries and damages resulted from the faulty or irresponsible behavior of the defendant. An injury lawyer can help you to lodge and pursue a valid legal claim for compensation by preparing the grounds to sue the offender.
Know if you have a legal claim
It is not that car accidents, or accidental falls are the only incidents when you can claim for compensation, but there are other instances like animal attacks for which you can claim compensation. The injury attorney can help you to get compensation by holding pet owners responsible for your injuries. Know your rights for claiming compensation for injuries and damages. Unless you can attach a value for the losses and substantiate it with documentary evidence by proving that the other person was responsible for causing injuries, you cannot file a claim for compensation.
Sources of compensation
From car accident cases to slip and fall cases as well as medical malpractice case, you can receive compensation from claim settlers of insurance companies or can file a lawsuit to maximize the compensation amount. The court settlementfor compensation of injuries is always much higher than what insurance companies would offer, but lawsuits take longer time often a year or more for closure. Incidents of animal attack and dog bite are either settled by insurance companies or through civil suits depending on the situation and circumstances. For injuries in the workplace it is not possible to file any lawsuit as it comes under the Workmen’s Compensation Act for processing claims according to the law.
You must make a case
When you file a claim for compensation for injury either with insurance companies or file a lawsuit, the onus is on you to prove that it was the fault or negligence of the other party that caused the injury. You must be able to prove that the person you are accusing of the accident had a legal duty towards you that he or she had breached, and the breach led to the accident resulting in injuries. You must have adequate materials to prove that the injuries made you suffer the actual damages for which you are seeking compensation.
Be ready with evidence
To successfully prove the element of your case and to convince the prosecution about the negligence of the defendant you must gather witnesses that speak for you. From statements of eyewitnesses to police reports and photographs of the scene as well as medical reports and bills and document in support of the loss of earning everything you need to place before the court.
Consulting an injury attorney will help to navigate the legal process and drive it in the right direction.