A personal injury can occur in a variety of ways, resulting in various damages that can be life-changing for the victim and their family. Whenever a personal injury occurs, the victim must know their rights in terms of recovery and the legal requirements they must meet to hold an at-fault party accountable for the harm they’ve done. If you or a loved one is reeling from the effects of someone else’s negligence or misconduct, a Fresno personal injury lawyer is the ideal resource to consult to determine your most viable options for recovering your losses.
The attorneys at the Law Offices of David Davidi, APLC, have years of experience handling a wide range of personal injury claims on behalf of clients in Fresno and surrounding communities. Throughout the years of our firm’s operation, we have gained a strong reputation as a top choice for legal counsel when another party’s negligence or illegal misconduct has caused significant damages. Whatever your case entails, you can rest assured that the team at the Law Offices of David Davidi, APLC, is ready to provide the comprehensive legal representation you will need to recover as fully as the law allows.
When you face a civil case against another party, your case may be more complex than it seems at first. You face several challenges in your effort to recover, from proving liability for your damages to proving exactly how those damages manifested. If you tried to handle your case on your own, you would face several significant risks and the possibility of unexpected variables arising that you do not know how to address. Additionally, you would face these legal challenges while also struggling with the medical effects of your injury.
When you hire an experienced Fresno personal injury attorney to represent your case, they will handle all your legal affairs so you can focus on your medical needs, your job, and your household. The attorneys at the Law Offices of David Davidi, APLC, are ready to help clients secure the evidence needed to prove fault for their damages and identify those responsible for causing them. If you choose our firm to represent your claim, we will do everything we can to not only streamline your case proceedings but also maximize the final recovery you obtain.
Before you can claim any type of compensation for the damages you suffered, you must prove fault for those damages. Most of the personal injury claims filed in Fresno, CA arise from acts of negligence, a legal term used to describe a failure to use reasonable care in a specific situation. Proving negligence requires establishing that another party owed you a duty of care, failed to uphold that duty of care in some way, and directly caused actual harm.
Every plaintiff will face unique challenges when it comes to proving fault for their personal injuries in Fresno. These incidents can arise unexpectedly in a variety of ways. The determining factor as to whether there are grounds to file a personal injury suit is if another party’s actions resulted in actual harm of any kind. A few of the most commonly cited causes of personal injury claims in the area include:
Proving liability for a personal injury in Fresno typically requires material evidence, appropriate documentation, witness testimony from those who saw the injury occur, and input from relevant experts. If your personal injury involves any complex technical issues, your Fresno personal injury attorney may consult expert witnesses like medical professionals, accident reconstruction experts, or others to weigh in on the case with their professional insights.
The attorneys at the Law Offices of David Davidi, APLC, have the tools and experience necessary to handle the most challenging personal injury cases. When negligence has caused your recent personal injury, we will help prove how the defendant breached their duty of care and caused your damages in the situation in question. If you were harmed by intentional misconduct, our team has experience handling a wide range of civil cases resulting from illegal misbehavior and will guide you through the process of holding the party at fault accountable as they face prosecution by the state.
If you have the option of filing an insurance claim in response to your personal injury, it can provide some compensation for your damages. However, if your damages exceed the scope of any available insurance from the defendant, you will need to prepare a civil suit against them to claim compensation for all outstanding losses. Under California law, the defendant who caused your injury is liable for all economic damages they inflicted. Your personal injury claim could potentially help recover:
While the average person is often able to calculate immediately recognizable damages like vehicle repair costs, hospital bills, and income lost during recovery, they might struggle when it comes to accurately assessing long-term or cumulative damages. If there are grounds to claim compensation for future medical expenses, lost future earning capacity, and more complex damages, you will need an attorney’s assistance to accurately gauge the total of your claimable economic damages.
Under state law, the plaintiff in a personal injury case also has the right to claim compensation for pain and suffering. There is no limit to the amount the plaintiff can claim in most personal injury cases in the state, but it can be difficult for the plaintiff to determine a fair and reasonable amount of financial compensation to reflect intangible losses like physical pain and psychological distress.
There are two commonly used methods that attorneys use to calculate pain and suffering for their clients in personal injury cases. The first is the multiplier method, most often used when plaintiffs have suffered catastrophic injuries and face long-term or permanent disability. The attorney multiplies their client’s total economic losses by a factor that reflects the seriousness of their condition. For example, if the plaintiff has suffered an injury that leaves them permanently disabled and they cannot return to work, their attorney might multiply their total economic damages by up to five or more to reflect the seriousness of their condition.
The second most commonly used method to calculate pain and suffering compensation in personal injury cases is the per diem method. This is most often used when a plaintiff is expected to make a full recovery in a relatively short time. With this method, the attorney determines an appropriate amount of compensation for each day the plaintiff spends recovering from their injury. Your attorney can help determine what type of pain and suffering settlement would be most suitable for you.
Beyond your economic and non-economic damages in a personal injury case, other factors may influence the total amount of your final case award. The most common variable that may have this effect is illegal misconduct. If the defendant in your case broke California law with the actions that caused your personal injury, the judge overseeing your civil suit might award you punitive damages to reflect the nature of their behavior. Personal injury plaintiffs cannot directly claim punitive damages, and they are only awarded at the discretion of a judge.
In the event that the defendant in your personal injury case is charged by the state for criminal activity, their criminal court proceedings may also influence your civil case proceedings and your recovery. For example, you could be called to testify against them as a witness in their criminal trial. If they are convicted and sentenced, the judge may add restitution to you as an element of their punishment.
Ultimately, it can be very difficult for the average person to predict how a personal injury case will unfold, especially when a personal injury occurred from intentional misconduct and/or illegal activity of any kind. When you hire the Law Offices of David Davidi, APLC, as your legal counsel, we will carefully review the seriousness of your injury and help determine the full scope of the legal options available to you. If your civil case unfolds alongside criminal court proceedings, we can provide guidance as to how the criminal case might impact your recovery.
Most of the personal injury cases filed in Fresno each year never proceed to litigation. It serves the interests of all parties involved to settle a case privately outside of court. Settlement negotiations entail the plaintiff and the defendant meeting with their respective legal counsel to discuss mutually acceptable terms for resolving the case. The plaintiff may need to be willing to settle for slightly less than they might win at trial in exchange for a swifter resolution, or the defendant may need to part with more than they initially expected in exchange for saving money on expensive defense counsel in protracted litigation.
If the parties involved in the case are unable to compromise, or if settlement is not an option for any other reason, the case must unfold through litigation. If you need to go to court to resolve your personal injury case, you will need an attorney experienced in litigation. The judge will have the final say regarding liability for the plaintiff’s damages and the total amount they are legally allowed to claim.
Whether you anticipate settling your personal injury case quickly or the defendant has been unwilling to accept responsibility for their actions and you expect to go to court, the attorneys at the Law Offices of David Davidi, APLC, are ready to assist you. We have years of professional experience that we are ready to put at your disposal as you seek compensation for your damages. We know that the aftermath of any unexpected personal injury can be full of stress, anxiety, and uncertainty, and our goal for you is that you can approach your case with confidence and peace of mind. The sooner you secure our firm’s representation, the sooner we can begin guiding you to the optimal outcome for your case.
Technically, no, there is no legal requirement to hire representation for any personal injury claim. You have every right to attempt your recovery on your own, but you must acknowledge the risks you will face in doing so. Dealing with your legal affairs and your medical treatment simultaneously will be extremely difficult as the financial impact of your accident starts to take a toll. Hiring trustworthy legal counsel means recovering with peace of mind while your attorney handles your legal proceedings. They are also likely to secure more compensation than you could manage on your own.
It is never a good idea to talk about an insurance claim settlement with a claim adjuster without legal counsel. Insurance companies train their representatives to look for any statements from claimants they can use to justify denials of their claims. They are especially likely to engage in bad faith tactics when a claimant does not have legal representation. If you hire a Fresno personal injury attorney to assist with your claim, they can handle any correspondence with insurance adjusters on your behalf and verify that the insurance company handles your case in good faith.
There is a two-year statute of limitations for most personal injury claims in California, meaning a plaintiff has two years from the date their injury occurred to file a claim. This might seem like plenty of time, but the reality is that it is ideal to start the claim filing process as quickly as possible. This will preserve the reliability of evidence that may degrade over time, and if your case requires witness testimony, swift action helps preserve the reliability of their memory.
The attorneys at the Law Offices of David Davidi, APLC, accept personal injury clients on a contingency basis. This means there are no upfront legal fees for our team’s representation, and you pay nothing at all if we are unable to win the case. If we do win on your behalf, we will only take a percentage of the total amount recovered. This billing policy ensures that your legal fees do not overtake your recovery and that you receive suitable compensation for your damages with the legal counsel you need to navigate your recovery efforts successfully.
In the event that an investigation of your claim determines that you are partially liable for causing your claimed damages, the state’s pure comparative negligence law will come into play, and you will lose a percentage of your case award. For example, if you are found 5% at fault, you lose 5% of the total damages recovered from the defendant. There is no threshold that bars plaintiff recovery in the state, but the higher your fault percentage, the more of your case award that you will lose. Consult a Fresno personal injury attorney if you have any concerns about bearing partial liability for your recent personal injury.
The attorneys at the Law Offices of David Davidi, APLC, have earned a strong reputation in the Fresno area as a leading choice for personal injury representation. Our team has helped many past clients navigate their case proceedings with confidence, and we’re ready to apply this experience to your impending case. If you would like to schedule your free conference with a trustworthy Fresno personal injury attorney, contact us today and learn more about how we can assist you with your recovery from a recent personal injury.