Christopher C. Vader, APLC provides many answers to questions that are most often asked by our future clients. While accidents and personal injuries occur every day, no two cases are alike, just as no two people are alike. Bear in mind that the following questions and answers are general and not specific to any one case.
To learn more about your options, or to discuss your specific case with our personal injury lawyer in Palm Springs, contact us at (760) 537-4457.
What does the process of filing a lawsuit entail?
If a case cannot be closed on an informal level or through settlement, your attorney will then issue a legal document called a complaint. The defendant is given the opportunity to file a response document that is referred to as an answer. Once both the complaint and answer documents have been submitted, clients and their attorneys on both sides can begin to learn about each other’s information. This is called a discovery.
How long do personal injury cases last?
The time it takes for a personal injury claim to be settled depends on the unique circumstances of each matter. Insurance companies and the court system have no set time period and negligent parties may even try to delay a final settlement. If your case goes to trial, it may take a year or more. In any case, it is important you do not take an initial offer without talking to your Palm Springs personal injury attorney. These quick settlements are usually much less than what you need to recover.
Should I seek medical help after an accident?
Your health is the most important factor after any accident so you should always seek prompt medical attention. Rely on a qualified doctor to thoroughly document your injuries, including any worsening symptoms. Not only does this ensure you get the help you need so your injuries do not become worse, but a doctor’s report can also help strengthen your claim for compensation.
Who do you file a lawsuit against in a car accident?
The driver(s) who are responsible for the accident should be sued. Neglecting to sue the driver responsible could have a very negative affect on the case as a whole.
What steps do you take to prepare for a difficult case?
First and foremost, investigate the facts. This may involve hiring expert consultants in the medical or engineering fields, employing investigators, or more likely conducting the investigation personally. Next, our Palm Springs personal injury attorney will assume the defensive role and try to imagine every argument that can be thrown at you and create a counter strategy. Finally, we will create a litigation plan that might involve assembling a team of associate lawyers if it is beneficial to our client. The fee never increases if we choose to associate other attorneys, incidentally.
Can a child file a lawsuit?
Yes, but someone over the age of 18 (usually a parent) would need to be selected to prosecute the case. The child who wishes to file the lawsuit can also make a claim when he or she is 18.
How do I know if I have a case?
Every case consists of two parts - liability and damages. If you are a victim of an accident and have the ability to prove that the wrongful person was negligent, then you have a liability. If you are also able to prove that damages resulted from the wrongful person’s negligence, then you have a case.
What advice do you most often give your clients & why?
The best personal injury case is no personal injury case, and a small case is always better than a big case. No amount of money will ever replace your good health. Our personal injury lawyer in Palm Springs will also often tell our clients that the process is made miserable by the insurance companies, but he will be there every step of the way. Their worries just became ours and they can now rest more easily.