If you’ve suffered an injury due to someone else’s negligence or wrongful actions, you may be entitled to compensation under personal injury laws. However, compensation is not automatic, and you must take proactive steps to seek it. Further, you can expect liable parties to challenge your claim and work to avoid paying significant compensation to cover your medical bills and other losses.
While seeking compensation can be an uphill battle, hiring a personal injury lawyer in San Jose can make a significant difference in your case, ensuring you receive the fair financial recovery you deserve.
Choosing the right personal injury attorney is crucial in this process and requires careful consideration. Before hiring an attorney to manage your case, it’s important to understand the importance of a legal representative and the details that matter most.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer is a legal professional who represents individuals who have been injured physically, emotionally, or financially due to the negligence or wrongful actions of another party.
Personal injury attorneys have the skill and knowledge to apply complicated personal injury law to real-life cases and ensure victims receive the compensation they deserve. They can file all appropriate claims, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Having an attorney handle your case provides great peace of mind, allowing you to focus on your physical recovery and mental well-being.
Common Types of Personal Injury Cases
Personal injury law covers a wide range of incidents, and lawyers who focus their practice area on this field typically handle several different types of cases. Some of the most common types of personal injury cases include:
Motor Vehicle Accidents
One of the most common causes of injuries is vehicular collisions, including car, truck, and motorcycle accidents. If you’ve been in a crash due to another driver’s negligence – such as speeding, distracted driving, or driving under the influence – a personal injury lawyer can seek compensation for your losses.
Slip and Falls
Slip and fall accidents can occur in various locations, including grocery stores, shopping malls, or even private residences. If you’ve fallen and been injured due to unsafe conditions (like wet floors, uneven surfaces, or poor lighting), you may file a claim for premises liability.
A personal injury lawyer can help establish that the property owner or tenant owed you a duty of care and was negligent in maintaining safe conditions, resulting in your harm.
Workplace Accidents
If you’ve been injured while working, you may be entitled to compensation through workers’ compensation or a personal injury claim. Workers’ compensation is a no-fault system that provides benefits for workplace injuries. Still, sometimes third-party claims are necessary if another party’s negligence caused or contributed to the accident and injury. Identifying third-party claims is important, as it maximizes the compensation you can receive, ensuring you have the necessary financial support for the future.
A personal injury attorney can navigate both workers' comp and third-party systems to ensure you get the compensation you need.
Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the standard of care, leading to injury or harm. This can include surgical errors, misdiagnoses, medication errors, or birth injuries.
If you believe you’ve been harmed due to a medical professional’s negligence, a personal injury lawyer can establish liability and pursue financial recovery.
Defective Products
When a manufacturer produces a defective or dangerous product, consumers who suffer harm may be entitled to compensation through a product liability claim.
Product liability cases can involve defective medical devices, unsafe toys, dangerous machinery, or poorly designed vehicles, just to name a few. A personal injury attorney can determine whether a product is defective and benefit you in properly filing a claim.
Wrongful Death
If a loved one has passed away due to another party’s negligence or intentional actions, you may have grounds to file a wrongful death lawsuit. A wrongful death claim can help recover damages for losses related to the victim’s death, including funeral expenses, lost earnings, and emotional distress.
Personal injury lawyers can guide you through this emotionally difficult process and safeguard your rights as they aggressively pursue monetary recovery on your behalf.
The Benefits of Hiring a Personal Injury Attorney
Before hiring a personal injury lawyer, it’s essential to understand the advantages of doing so. The benefits are numerous, but some of the most significant ones include:
Knowledge and Experience
Personal injury law is complicated, and experienced lawyers understand the legal system and the laws that apply to your case. They know how to properly interpret and apply personal injury law and can effectively handle procedures, negotiations, and settlements. Their experience can also help them assess the value of your claim and identify any potential challenges or roadblocks.
Maximizing Compensation
One of the key reasons to hire a personal injury attorney is to ensure that you receive the maximum compensation for your injuries.
Insurance companies often try to settle claims quickly and for less than what claims are worth. An experienced personal injury lawyer can evaluate your damages, including medical bills, lost income, pain and suffering, and emotional distress, and fight to secure a settlement that reflects the full extent of your losses.
Dealing with Insurance Companies
Insurance companies have teams of adjusters and lawyers working to minimize the amount of money they pay out on claims. Personal injury attorneys are skilled at negotiation with insurers and can advocate for your rights. They understand the tactics insurance companies use to reduce claims and are prepared to stand up to them to ensure that you receive just compensation.
Reducing Stress and Complexity
Dealing with the aftermath of an injury is already stressful. Adding the complication of filing a legal claim and navigating the court system can be overwhelming.
A personal injury lawyer can handle all the legal aspects of your case, allowing you to focus exclusively on your healing. They will also ensure that all deadlines are met, paperwork is filed properly, and you are fully informed of the progress of your case.
Contingency Fee Structure
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Typically, the lawyer will take a percentage of your settlement or award, but you will not owe them anything if the case is unsuccessful. This fee structure makes obtaining legal representation much more accessible.
What To Look for in a Personal Injury Lawyer
When selecting a personal injury lawyer, you want to make sure they are the best fit for your case. Here are some of the key factors to consider:
Experience and Practice Focus
The most important detail to look for is experience. Personal injury law is highly specialized, and you want a lawyer who has experience handling cases similar to yours. Look for a lawyer with a proven track record of success in personal injury cases, especially in the type of case you’re pursuing (e.g., car accidents, medical malpractice, etc.).
Reputation and Reviews
A good reputation is crucial when choosing a personal injury lawyer. Research online reviews, testimonials, and the lawyer’s record to get a sense of their reputation among previous clients and the legal community.
You should also ask for referrals from friends, family, or colleagues who have had similar legal experiences.
Communication Skills
Effective communication is essential in a lawyer-client relationship. You want a lawyer who will keep you informed about the status of your case, answer your questions promptly, and explain legal terms and processes in a way you can understand.
During your initial consultation, assess your attorney’s communication style and see if they are approachable, responsible, and empathetic. Do not shy away from asking specific questions to better understand whether a particular lawyer suits your needs.
Comfort and Trust
Personal injury cases can be lengthy and emotionally taxing. It is important to feel comfortable and trust your lawyer. You should feel that your attorney is genuinely invested in your case and has your best interests at heart.
Trust your instincts; they will guide you in making the right decision.
Trial Experience
While most personal injury cases settle before going to trial, hiring an attorney with experience in the courtroom is essential. If your case does need to go to trial, you want someone confident and capable of representing you effectively in front of a judge or jury.
Determining Whether a Lawyer is Right for You – Questions to Ask During Your Consultation
One of the absolute best ways to get to know a lawyer is by asking questions. Therefore, when you schedule your initial consultation with a prospective attorney, you should prepare certain questions to ask the lawyer.
First and foremost, if you’re interested in learning about the attorney’s background, you can consider asking certain questions like:
- How long have you been a personal injury attorney?
- What drew you to this area of law?
- What types of personal injury cases do you most often handle?
- Do you have trial experience?
During your consultation, the lawyer will ask questions and gather more information about your situation. If you’re interested in learning their thoughts on your case, you can ask questions such as:
- What is your initial opinion of my case?
- Do you think I have a chance of obtaining fair compensation?
- Have you handled cases like this before? If so, what was the outcome?
- What are the chances my case will end in a settlement?
- How comfortable are you taking a case to trial if necessary?
Finally, to better manage your expectations, you can inquire about the attorney’s practice and policies by asking questions like:
- How involved do you expect your clients to be in their cases?
- Do you operate on a contingency fee arrangement? If so, what percentage do you take from a settlement or award?
- How do you handle client communications, and how often do you communicate?
- What is your policy for answering emails and returning messages?
- Will you be handling my case yourself, or will another lawyer in the firm represent me?
Attorneys are usually open to answering client questions. They understand the difficulty of hiring a legal representative and want you to get all the information you need to make the most informed decision. At the end of your initial meeting and after careful consideration, you should feel confident in your decision to formally hire your personal injury lawyer.
When is the Right Time to Hire a Personal Injury Attorney?
If you’re injured after an unfortunate accident or incident, you should look into hiring a personal injury lawyer as quickly as possible. While you should hire an attorney under many circumstances, the following details make legal representation even more important:
- You have to deal with insurance companies
- Liability is disputed
- You’re facing ongoing medical treatment
- You’re not familiar with legal procedures
- You’re not sure about your legal rights
- You need to take legal action against a governmental entity
Additionally, always remember that time is limited when taking legal action. Every state has a statute of limitations for personal injury cases that limits the time plaintiffs have to file lawsuits in court. Depending on your state, you may only have one to six years to file your claim.
Generally, the sooner you hire a personal injury lawyer, the faster they can begin working on your case. As soon as you suffer an injury at the hands of another, seek legal assistance.
Choosing the Right Personal Injury Lawyer Can Make All the Difference for Your Case
Choosing the right personal injury lawyer is one of the most critical steps to set you up for success. By understanding the role of an attorney, the benefits of hiring one, and how to select the right one for you, you can make the best decision.
When evaluating potential lawyers, consider vital details, including experience, reputation, communication, and personal comfort level. Taking the time to choose the right lawyer will help ensure you have the best possible chance of receiving favorable compensation for your injuries and losses.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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