A life-altering injury is a permanent injury, which substantially interferes with a person’s daily life activities. These types of injuries can be defined as injuries resulting in long-term medical problems, permanent disability, shortened life expectancy, and anything that permanently alters an individual’s normal life. Fortunately, financial recovery for life-altering personal injuries can be extensive if an individual pursues a personal injury lawsuit through Maison Law. Contact one of our Personal Injury Attorneys today for a free consultation and case evaluation.
Accidents that May Be Life-Altering
Personal injury can encapsulate many different situations and circumstances where serious injuries can happen to innocent people. For example, a personal injury can happen at work, while driving, at the gym, or while enjoying an activity. Some common causes of life-altering accidents include:
- Motor vehicle accidents
- Defective products
- Animal/dog bites
- Lead poisoning and asbestos
- Medical Malpractice
- Premise liability
- Slip-and-fall
- Workplace accidents
It is important to note that life-altering injuries can occur anywhere and are more defined by the losses and permanent damage done by the injuries. Life-altering damages can impact a person’s ability to earn money, participate in normal activities, and their mental health. Injuries with permanent damages tend to affect every aspect of a person’s life from getting out of bed in the morning to how they’re able to work for a living. For that reason, it is important to consult with a Personal Injury Attorney if you believe you’ve sustained permanent damage from your injury.
Stages of a Life-Altering Personal Injury Lawsuit
A personal injury lawsuit is a formal demand for compensation for losses. If a person suffers harm or injury due to another party’s negligence, then they can take legal action to recover damages for medical costs, lost wages, and emotional trauma. The process typically goes as follows:
- An individual gets hurt
- The injured victim hires a personal injury lawyer
- A claim is filed with the insurance
- If the insurance does not offer a fair settlement, the victim’s attorney will build their case to prove the value of their damages and negotiate
- If the insurance still does not settle, then a personal injury lawsuit will be filed
- Both sides will gather evidence and present them at settlement negotiations
- If no settlement is reached, then the case goes to trial
Proving the Extent of a Life-Altering Personal Injury in California
Proving the extent of a life-altering injury in California requires the collection and assessment of evidence such as:
- Medical records
- Expert testimony
- Documentation illustrating the severity and impact of the injury
In personal injury cases, a significant amount of damages will be determined by future medical needs. If your injury is life-altering, then you will most likely require ongoing treatment, medical procedures, medication, and the use of medical equipment for the majority of your life going forward. The type of medical care you will need and the amount it will cost is determined by a medical expert. It is the job of the personal injury attorney to hire the proper medical expert concerning your injury.
The Role of Medical Experts in Life-Altering Personal Injury Accidents
Medical experts are certified healthcare professionals with training and experience in different types of medicine, depending on their field of expertise. They provide insight into the physical, mental, emotional, and financial toll a significant injury will have on a person’s life in the future.
Medical experts play a vital role in determining the outcome of personal injury lawsuits. Their testimony, medical records, and report will assess the scope of the injury, the cause of the injury, and the prospective future financial costs the injured victim will most likely face.
What Can I Recover from a Life-Altering Personal Injury?
Victims of life-altering personal injury accidents are entitled to recover financial compensation for all their losses from the incident. Permanent losses such as the loss of a limb, nerve damage, spinal damage, or brain damage tend to receive higher compensation due to the severity of the injury. However, your compensation for these injuries is not confined to just your medical expenses and lost wages. Life-altering injuries can also include emotional damages, as well as compensation for your loved one’s suffering in the form of their loss of consortium. Also, in rare cases, punitive damages can be awarded if the accident occurred due to an intentional act or reckless behavior.
Certain factors can reduce the amount of compensation you can be rewarded. If you were partially to blame for your injuries, shared fault may reduce what you can recover. The state of California refers to this as Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
This law can reduce what you can recover by your percentage of fault in trial or during settlement negotiations. Personal injury lawyers tend to aim to settle a case based on how a jury would view the evidence and rule on it.
Steps to Receiving a Life-Altering Personal Injury Settlement After Negotiations in California
The outcome of each case varies widely depending on the circumstances. The specific details of each case will determine whether a settlement can be reached, however, there are standard processes each personal injury case must follow in order for a settlement to be paid out. These steps include:
- Signing the release form: once a settlement proposal is made, an attorney will go over the details with you. If you approve, then the attorney will prepare a release form. This release form releases the defendant from any future liability in exchange for a specific sum of money. Both parties will sign this form, legally confirming the agreed-upon amount and that no one can sue for more money in the future.
- The insurance company issues a check: the insurance company must pay the agreed amount and issue a check within 30 days from the day both parties have signed the release form.
- The personal injury lawyer deposits the settlement check: an attorney will deposit the settlement check into IOLTA (Interest on Lawyers’ Trust Accounts). This account holds your money while the case is awaiting a final conclusion. The funds in this account will be used to pay for any outstanding medical bills, liens, and other expenses related to your case.
- Medical bills and other debt negotiations: you will not be able to receive any compensation until your medical bills are paid. A personal injury attorney will negotiate your medical treatment with the medical providers to ensure you’ve received adequate care while also getting the compensation you deserve from the settlement. Medical bills are usually taken into account when discussing a fair settlement. This is so the injured party will not have their entire settlement spent one medical bills alone.
- You receive your settlement: an attorney will provide you with a written invoice, detailing the settlement amount minus liens and legal fees such as attorney’s fees and contingency fees. Once you sign off on the invoice, you promptly receive your settlement check in the mail.
Get Legal Help for Your Life-Altering Personal Injury Accident
At Maison Law, we understand how serious injuries can be when they’re the result of negligence and carelessness. Safety rules and laws are put in place to protect individuals from harm. However, when those rules are broken, the injuries that can occur are often catastrophic and life-changing. Our firm knows the more serious your injury, the more important it is to secure financial compensation for you and your family’s future. For expert legal representation, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a cent unless we win your case.
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