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HAVENS MALCZYNSKI GRIGOLLA, LLP

What Types Of Personal Injury Cases Does Your Firm Handle?


Our firm handles any type of claim in which somebody has been physically injured as a result of a third party non-employer harming them due to negligence or intentional acts. We focus on catastrophic brain injuries and spinal cord injuries as well as cases that involve children.

What Factors Determine The Viability Of A Personal Injury Claim In California?

Unfortunately, in the personal injury world, how much insurance the other side has is the major determining factor in how far a case will go. The more insurance, the more likely the case will go further if the damages are there. The most important question is, “What injuries does the person seeking recovery have?” and, “How bad are those injuries?” These will dictate how the claim is going to go forward, and whether it’s going to have a high number value or a low number value. For example, somebody with a small back injury with some soft tissue damage is going to get a smaller sum than somebody who has been paralyzed.

If I Am Partially At Fault For The Incident, Is My Personal Injury Case Doomed?

If you’re partially at fault then your case is not doomed; in California, we have comparative negligence. The way that we look at the case is just because you’re 1 percent at fault in the incident doesn’t mean you have no case. Your recovery is determined at first; that is, what total dollar amount are you entitled to. If the jury finds that you are supposed to have a million dollars because of your injury, then you get awarded a million dollars. Then the jury also makes the decision of who is at fault, what percentage each person is at fault, and then award is reduced by that percentage. For example, you’ve got a claim and the jury says it’s worth a million dollars. The jury could then say the defendant caused 50 percent of the injury and you caused 50. There would be still $500,000 recovered in the case. Never let an insurance company tell you that your case is doomed because you were at partially fault; it’s their job to not spend money. It’s important to immediately contact an attorney to take a look at the liability analysis and see what those potential percentages are.

At What Point Should I Contact A Personal Injury Attorney After Being Injured?

After you’ve been in any type of incident, before contacting an attorney you need to make sure that you’re physically and mentally safe. I would recommend contacting an attorney once you get your bearings, especially if you know you’re going to be filing a personal injury case so that you can get the case moving. Oftentimes you’ll end up at a hospital or at your personal doctor right after the accident. However, once you’re out of danger and get comfortable, then contact the attorney. An attorney will have recommendations for doctors you should see and places you should visit. It’s important to start your case from day one.

What Information Is Helpful To My Personal Injury Attorney To Get Started On My Case?

In order to begin your case, your attorney will need to know your damage or injuries and whether you have any loss of income or earning potential. Those factors will dictate the value of the case and how it’s going to be handled. If you’re involved in a car accident then you’ll also need your own insurance information as well as the other person’s insurance information. Those things are probably the most important.

How Important Is Seeking Medical Treatment After Sustaining An Injury?

Seeking medical care soon after an accident or incident is crucial to your case. It becomes a major argument from the defense side that you waited; if you only sought treatment after you talked to a lawyer. This becomes a huge factor in determining whether an insurance company is going to pay what the claim is actually worth. If you seek that treatment immediately then it takes a leg out of their argument. They can’t hold that over the plaintiff and claim they made the injuries up when they are trying to build up their case against you. It’s absolutely crucial to seek treatment immediately and it goes back to when you should contact your attorney. Most attorneys work with doctors and caregivers to get your care on a lien so that you don’t have to pay anything out of pocket; it comes out of the recovery at the end. It’s important that all that be done immediately.

For more information on Personal Injury Claims In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.

HAVENS MALCZYNSKI GRIGOLLA, LLP

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(626) 385-6303.

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