South Bay Personal Injury FAQ
Do I have grounds to sue?
Not every accident serves as grounds for a personal injury or wrongful death claim. If your injury or the death of a loved one was the result of another person's negligence, you should have grounds to file a personal injury or wrongful death claim against the person who caused the accident. You should not be forced to pay the price for another person's negligence, and the courts in the South Bay area and throughout California recognize your right to sue.
How do you prove negligence?
If the other party did something which caused your accident, or failed to do something and thereby allowed the accident to happen, it should be possible to argue that he or she was negligent. Negligence consists of careless or reckless actions or omissions. For example, a driver may be found to have caused a car accident if he or she was driving drunk or was distracted by using a cell phone to send and receive text messages. Negligence can occur in a variety of contexts, from medical malpractice claims involving doctors who fail to diagnose cancer, to slip and fall accidents which could have been prevented by cleaning a spill on the floor.
How much is my case worth?
There is no way to predict with accuracy how much you will receive if you win your case, but there are certain guidelines which can be used to determine how much your claim is worth. To begin with, you can claim economic damages to compensate you for your lost income in the present and future, as well as for the medical treatment which you have received and which you may need in the future to achieve the maximum possible recovery. You can additionally claim noneconomic damages for your pain, suffering and emotional distress. Similar guidelines apply in a wrongful death claim.
Will my claim go to trial?
In every case we represent, we attempt to achieve an out-of-court settlement if at all possible. The goal is to negotiate with the insurance company in pursuit of a settlement which provides you with a fair amount of payment. If, however, the insurance company refuses to deal fairly with you, we will not hesitate to go to a full jury trial. We prepare every case for trial, since this approach of exhaustive preparation and aggressive litigation routinely results in the best results for our client. We have earned a reputation as a team of hard-hitting trial attorneys who fight for our clients, because we are determined to achieve the best possible result for every person we represent.
Isn't it easier to settle the case on my own?
You are not legally required to hire a South Bay personal injury attorney to represent you in your claim for compensation. In fact, there is a good chance that you could recover payment considerably faster if you do choose to work directly with the insurance company. It is not likely, however, that you would receive the amount that you deserve. Remember: The insurance company is not on your side. They may seem very friendly and concerned for your well-being when approaching you with an offer of payment, but there is a very high likelihood that the amount of their offer is far less than what you are due. Before taking any further action, bring the case to us at Layfield & Wallace, APC so that we can review the situation and determine how much you should actually receive. We have won more than $70 million for our clients, and we are ready to fight for your right to full compensation for your losses!