For many who have been suddenly injured, this is their first venture into the legal world. It is normal to feel overwhelmed, unsure, and anxious about what the future holds. The Law Office of Marshall Silberberg is here to provide you with the information and legal guidance you need in order to successfully navigate your circumstances and pursue compensation.
Take advantage of a free case evaluation by calling our Orange County personal injury attorneys at (949) 565-4281 today!
What are the elements of negligence in a personal injury case?
The first step to establishing any personal injury claim is showing that your injuries are the direct result of another person (referred to as the defendant). The majority of personal injury cases involve proving that the defendant was negligent. There are certain elements to negligence that have to be established in your case in order to proceed with a personal injury claim:
- Duty of Care: This means that a person has a legal responsibility to reasonably avoid causing harm to another person through their action or inaction.
- Breach of Duty: This occurs when a person fails to uphold a standard of care. This could mean the defendant’s behavior caused the injury, the defendant failed to keep the other safe, or the defendant failed to warn the other about potential danger.
- Causation: The plaintiff must prove that the defendant was the direct or proximate cause of their injuries.
- Damages: The plaintiff has to prove that the defendant’s action or inaction caused their loss or harm.
If all of these are present in your personal injury claim, you may be eligible to be awarded damages.
How is personal injury compensation calculated?
Damages are often awarded through financial compensation. They are meant to compensate the victim for loss that was suffered or incurred. Numerous factors are involved in determining compensation, and since no two cases are alike, the types and amount of compensation a victim may be due must be determined on a case-by-cases basis.
Examples of compensation that may be available to an accident victim include:
- Medical expenses (past/present/future)
- Pain and suffering (physical/emotional)
- Loss of consortium
- Lost wages
- Loss of quality of life
- Loss of parental guidance
How long will personal injury claim take?
Again, since every case is different, there is no hard-and-fast rule for how long a case will take to resolve. It is important to consult an experienced attorney who can thoroughly investigate your case, determine who can be held liable, and fight for the fair outcome you are due. If a fair settlement cannot be reached, it may be in your best interests to take the case to trial in pursuit of a better result.
How much do I have to pay a lawyer to begin my case?
Many personal injury lawyers, including the Orange County injury lawyers at the Law Office of Marshall Silberberg, accept cases on a contingency fee basis. This means that there are no up-front costs to begin your case. Your lawyer will advance all costs to investigate, negotiate, or litigate your cases, if necessary, and will only accept payment if he or she wins your case. If a recovery is made, attorney fees are taken as a portion of the settlement or verdict, so there are no out-of-pocket costs and no risk. This ensures that everyone has access to the justice system regardless of their ability to pay.
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Our tenacity and work ethic set us apart. We’re not afraid to roll up our sleeves and really get to work on a case. From our personal meetings with prominent field experts to the development and strategy of your overall case, we will zealously stand by your side from start to finish.
At our firm, the attorney-client relationship is sacred. We are committed to bringing a sense of peace to the victims and families we represent. Nothing is more rewarding than when we can help our clients ease the pain and frustration their injuries have caused them.
We have spent decades cultivating close working relationships with an array of physicians and industry experts. We use these connections to provide invaluable insight and expert testimonies on the cases we take to court.
Under our representation, your case will be backed by decades of experience; experience that includes hundreds of trial cases and countless courtroom wins. Our straight-shooting, no-nonsense approach has resulted in hundreds of millions of dollars in verdicts and settlements.
Trusted Representation From Experienced Attorneys
In some cases, clients may be awarded punitive damages as well as compensatory damages. Punitive damages are intended to further punish the defendant for his or her especially shocking or atrocious behavior. Punitive damages are also intended to deter others from behaving in a similar way.
To learn more about the specifics of your case, and whether you may be eligible for compensation, contact the Law Office of Marshall Silberberg today!