Personal injury lawyers deal exclusively with personal injury accident victims. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. In a personal injury accident case, you are trying to obtain compensation for a physical or emotional injury that you sustained as the result of the actions of someone else. Attorneys help you with any type of litigation involving the physical injuries that occurred due to the negligent conduct of someone else. These cases could arise from being involved in an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident, being injured as a result of a dangerous or otherwise unsafe product and other injury-causing situations. However, personal injury accident cases do not necessarily have to involve a physical injury (broken bone, cuts, etc…); they sometimes only involve psychological or emotional damages. Only a skilled personal injury accident lawyer has the experience to determine whether or not you have the type of injury that would allow you to recover damages from a third party.
Lawyers categorize psychological personal injuries as those that are typically caused by psychological trauma associated with life-threatening and/or disfiguring physical injuries, or as a result of witnessing trauma to others, or following personal escape from serious injury following a traumatic event. Before you can recover damages (money) from someone else for your injury, whether physical or emotional, your personal injury accident lawyer will have to prove that someone else (the defendant) is liable or responsible legally for your injury. Liability is proven be demonstrating that the defendant was negligent.
To prove negligence in a physical or emotional injury case is a difficult process. There are many things that must be demonstrated in order to prevail. If the responsible party does not want to pay money in order to compensate you for you physical or emotional damage, then a lawsuit will need to be filed and the case will likely need to be tried before a judge or a jury. Trying a case before a judge or a jury is a complicated matter that requires in-depth knowledge of the California rules of evidence and civil procedure. Attempting to do this without a lawyer would likely be disastrous.
Typically, the party responsible for your physical or emotional injury is represented by an insurance carrier. The insurance carrier employs insurance adjustors or claim adjustors who handle the case, before a lawsuit is filed. Their sole job is to pay you as little as possible. They are skilled at what they do because they typically have a great deal of experience. The adjustor will typically request that you give a written or recorded statement. Providing a statement without the advice of a personal injury accident lawyer can result in you damaging the value of your case. In addition, California has statutes of limitations which determine how long a person has to file a lawsuit. Missing the deadline to file will result in you being unable to file a lawsuit or recover any money for your injury. An experienced personal injury attorney will know what the applicable statute of limitations is and how to avoid missing the deadline. Hiring a San Juan Capistrano, California based personal injury lawyer will dramatically improve your ability to pursue your injury claim.