A personal injury or accident could leave you in serious pain, badly shaken, and even confused about what to do next. In the event that you or someone you care about is hurt because of another person's negligence, whether in a car accident, dog bite, medical malpractice, or perhaps a faulty product, you can get help from the best Santa Ana Personal Injury Attorney - Mr. Niral Patel.
Mr. Patel is a professional lawyer that specializes in personal injury cases. With him, you will have someone who is knowledgeable, has great advocacy skills, and is an expert in presenting the case in the most effective way.
Personal injury law, commonly referred to as tort law, provides legal rights to victims who have been physically or psychologically injured as a result of the negligence or wrongdoing of another person, company, government, or other entity. Personal injury laws apply to a variety of cases, including:
If you have been injured due to someone else's negligence, there are many benefits of hiring a Personal Injury Attorney. An experienced Santa Ana Injury Lawyer can help you with all of the details surrounding your potential claim and ensure that you are compensated fairly. Evaluating a personal injury claim is a difficult procedure, and the conclusion is determined by the facts of the case. To win a personal injury lawsuit, you and your attorney must overcome a number of obstacles. You must do the following:
Personal Injury Attorneys carefully investigate claims before they file a lawsuit. Their investigations usually begin with an interview with the accident victim, followed by a review of medical data and accident reports and the application of California and Federal legal standards. In some cases, the lawyer will also confer with experts.
When attempting to file a personal injury case without legal representation, the plaintiff should keep in mind that the defendant he/she is challenging will have seasoned attorneys working and battling on their behalf. According to the 1999 research conducted by the Insurance Research Council, the typical person will receive a three and a half times greater payout when represented by Best Personal Injury Attorney than when presented without representation.
The legal process is frequently too complex to handle on your own. If a person filing a claim is unfamiliar with the law, or if the case takes an unexpected turn and goes out of hand, he/she should consider hiring a personal injury lawyer. The Civil Lawyer can assess every part of the claim and fight for all justifiable financial compensation due to the victim.
Niral Patel has helped victims of injuries for over 10 years in various capacities, from a file clerk, to a paralegal and finally, as an attorney. From Wrongful death to dog bites, our attorneys & legal professionals have the expertise & know-how to advocate for your rights & benefits. If you have been injured - need an accomplished attorney to represent you, contact our Civil Lawyer Free Consultation.
A personal injuries lawyer is there to help when someone else's negligence causes you physical or psychological injury. The Personal Injury Attorney handles claims such as automobile or motorcycle accidents, injuries caused by faulty or mislabeled products, medical malpractice, slip and fall injuries, wrongful death, and workplace injuries, to name a few.
Today, many Personal Injury Attorneys are specialists, focusing their time and expertise on one of these specific types of legal claims. It is wise to get your lawyer involved in your case as soon as possible. They will help you communicate with all the necessary parties and will help you collect evidence to support your case. Your Personal Injury Attorney will also keep you from being bullied by an insurance claims adjuster into accepting a low settlement offer.
Your Personal Injury Attorney will handle negotiations for you. If you are unable to agree with the other party as to what your damages are, they will file a legal complaint with the court on your behalf. It is really worth the peace of mind to have an accomplished Santa Ana Personal Injury Attorney fighting for you.
Personal injury claims emerge when someone is injured as a result of another person's, business's, or entity's negligence, carelessness, or willful actions. These situations have a variety of reasons, and Personal Injury Attorney Santa Ana, CA often address the following:
These injuries can have a long-term impact on a person's life. Victims of personal injuries may require substantial medical treatment and are unable to work while recovering. Victims are sometimes permanently crippled. These injuries can have a definite negative impact on a personal injury victim and their financial well-being, especially if the victim is unable to work due to their injuries.
Compensation is the name of the game when it comes to Personal Injury Attorney at Niral Patel Injury Law. Our objective is to get as much compensation for the plaintiff as possible. Personal injury cases in California are classified as civil lawsuits, which means that the offender is solely liable for financial compensation and would not face criminal charges.
In California, personal injury cases are classified into three different categories: intentional tort, negligent tort, and strict liability. An intentional tort is quite self-explanatory: It is a case where the offender intentionally executed the injury or harm. Negligent tort occurs when a person's negligence, recklessness, or unintentional actions cause injury to another person. Even if a dog causes the injury, it is the pet owner who is held liable for the actions of the animal. Strict liability does not require any proof that it was the negligence of the offender that caused the injury.
We handle all types of injury cases, providing assistance for:
Injury victims in California do not have an infinite amount of time to pursue a personal injury claim under California law. If you want to file a lawsuit in Santa Ana or anywhere else in California, you must do it before the state's deadline, generally known as the statute of limitations. In California - the statute of limitations for most personal injury claims is two years. You have two years from the date of your accident or injury to bring a claim. Failure to do so would very certainly result in the courts dismissing your claim, and you will be unable to receive any compensation for your injuries, no matter how serious they may be.
Being in a collision with an automobile or any accident is life-changing, and the injury can be devastating. There are different actions you need to take if your personal losses are catastrophic. A personal injury lawyer must be specialized in handling a serious case where settlements can be quite large and take years to payout. A catastrophic injury claim will need to be correctly filed and effectively presented.
What is the Difference?
Most accidents include injuries. What makes an injury a catastrophic one is the damages from the life-altering and traumatic accident that end in structured settlements. These would include brain trauma, paralysis, severe burns, and loss of limbs. In the worst-case scenario, you may also suffer a loss of a family member.
How We Can Assist
When you have been involved in a wreck that has brought death or extreme injuries, you will be in more distress than in other accidents. Your emotions will quickly get the better of you, and you may forget the long-term treatment that will be needed. Engaging our Personal Injury Attorney , who specializes in traumatic crashes, will give you an edge in communicating with insurance companies. Our lawyers are professionals in knowing what to expect with lost wages, extensive medical needs, and possibly burial costs.
When you turn to Niral Patel Injury Law, we will take your claim and make sure that the compensation you receive is fair. We will fight for a structured settlement that will cover you throughout the years to cover recurring medical bills associated with the injuries sustained, the medicine needed, and lost wages or inability to work. We understand that there will be pain and suffering that will last years.
If you have suffered permanent and life-changing damage due to an accident involving a vehicle, a fall, or anything else, then you will want to make sure you gather all the evidence of the damage for your lawyer. Do not talk to the other party without consulting with a law firm. At Niral Patel Injury Law, we will help you look over police reports, health professionals, and anyone else associated with the case. This will accurately predict what to expect from your losses and how you should be appropriately compensated.
If you or somebody you care about has been injured as a result of another person's reckless or irresponsible acts, please seek legal counsel as quickly as possible. A Santa Ana Personal Injury Attorney at Niral Patel Injury Law is prepared to get to work on your behalf. Our principal objective is to get you the compensation you deserve, which includes:
A personal injury cannot be claimed to exist without the establishment of adequate evidence itself. It is in this manner that monetary damages, medical expenses, and the likes - may then be obtained. Furthermore, the essence of a tort cannot be possible without the existence of certain criteria. For instance, oral defamation (also known as slander) cannot be distinguished as oral defamation if the exchange of remarks only occurs between two persons. A third person who happens to hear the comment must be involved.
Another concern under tort laws is also the existence of the compensation practice. A culture wherein people who have suffered personal injuries go to court for even minor incidents to seek compensation. This poses a challenge in obtaining proper investigations during personal injury cases. Your attorney will need to prove four factors of negligence in order to effectively achieve a settlement or verdict on your behalf:
Duty of care: When you were injured, the defendant (the person at fault for your injuries) owes you (the plaintiff) a legal duty to take reasonable care.
Breach of duty: The defendant intentionally or carelessly violated this obligation by doing or failing to do something that a sensible person would do in a similar situation.
Causation: Your Personal Injury Attorney must demonstrate that the defendant's breach of duty caused your accident & injuries.
Damages: Your attorney will also need to demonstrate that you suffered damages as a result of the defendant's conduct or inactions. (For instance, hospital bills, lost pay, and so forth.)
Despite the existence of injury laws, a large number of cases never reach court and are usually resolved outside. An increasing number of complaints does not always guarantee good resolutions. This may be due to factors such as the involvement of a large sum of money, not to mention the costs involved when one sues. Furthermore, some cases disappear due to their little chance of success in the first place.
At Niral Patel Injury Law, your Personal Injury Attorney will not cost you anything unless he or she is able to obtain you a financial award. Like most personal injury law firms in Santa Ana, CA, our firm operates on a contingency fee basis for all accident and injury claims. This implies we only charge our clients for our legal services if we win their case.
Rather than paying out of pocket, you will pay your lawyer directly out of your settlement or judgment award, which will be a pre-agreed upon percentage. Contingency fee agreements allow us to offer high-quality legal representation at an affordable cost to our clients.
Negligence is defined as an act - or failure to act when you owe an obligation to another person. For example, a customer who falls & breaks their arm after slipping on a spill that was not properly cleaned up may be able to sue the owner for negligence. The definitions of negligence vary from state to state, but the degree to which negligence is shared (where both parties are partially at fault) differs.
California negligence rules adhere to the legal principle of "comparative negligence," which permits a plaintiff to sue for the percentage of damages due to the defendant. To prove due negligence on the part of the defendant in California, as in other states the plaintiff must be able to demonstrate the following elements:
Personal injuries can happen in different ways. Car accidents, slip and fall, work-related hazards, injuries occurred when you are at leisure, medical malpractice, malfunctioning of any product. Any event that makes you suffer because of other's negligence enables you to claim compensation for the damage caused.
California laws support you to receive justice in such cases if others' mistake is proved. Here lies the trick. The law offenders - persons or institutions, would always try to hide their faults. To win a personal injury claim, you need to back it with effective evidence. The following points, if carefully followed, increase your chance of winning:
Consult Personal Injury Lawyer: Senior lawyers have the experience and better understanding of state laws. Personal Injury Attorney is best suited to file a personal injury claim in a court of law. Attorneys can make a good plan of action to handle the tricks of opponents. With personal injury lawyers by your side, chances of winning increase, and you can stay out of tension.
Act Timely: Personal injury claims should be filed soon after the accident happened. Once the accident crosses the statute of limitations for personal injuries in California, it will be declared statute-barred. The personal injury statute of limitation is 2 years in California.
Medical Report: The doctor who first treated you holds a vital role. The type and degree of injuries as observed should be documented. Lawyers produce this document as evidence in support of your claim. Sometimes, specialist doctors are called upon to inspect the medical reports during the trial. Hence medical help is to be sought as soon as possible after the mishap.
Police report: In the case of an accident claim, a police report means a lot. Policemen who witnessed the accident or visited the spot immediately after the accident occurred are often called as a witness for the claimant. Police report pointing to the accident details strengthens your claim.
Statements from eyewitnesses: A written or recorded statement of persons who eye-witnessed the accident brings the ball to the claimant's court. Personal injury attorneys often collect statements from witnesses and get them signed. Sometimes third-party investigators are appointed to get statements from witnesses.
Apart from the above-mentioned few points, any sort of supportive evidence increases the chances of winning. Photographs of injuries and the place of accident, a detailed report about the changes in the lifestyle of the personal injury victim, etc., can be of high significance. Also, a chronologically maintained chart of how the victim recovered and the bills help the court calculate the amount of compensation to be paid to the claimant.
Although no personal injury case is exactly the same as another because no accident or injuries are exactly the same. Our Personal Injury Attorney will be by your side each & every step of the way. These types of cases generally tend to follow these steps:
Plaintiff is Injured by a Defendant
If there is obvious evidence to all parties involved that the Defendant breached his duty, then the defendant may opt to settle the matter outside of court by offering monetary compensation to the plaintiff to prevent the plaintiff from filing a lawsuit against the defendant. If the plaintiff is not satisfied or does not agree to the defendant's offer, he/she may pursue litigation. A settlement can be offered & negotiated after a suit is filed at any time until a jury or court announces a verdict.
Plaintiff Files a Lawsuit Against the Defendant
When the plaintiff initially files a case, he/she must be prepared to state what the legal basis of the claim is and what type of remedy he/she wishes to seek in compensation for his injuries.
The Defendant Files an Answer to the Plaintiff's Claim
The defendant must answer after being served by some type of official (usually a sheriff or a process server) within a certain period. If the defendant fails to provide an answer in the time given, a default judgment will be filed, and the plaintiff automatically wins.
If an Answer is Filed by the Defendant, the Pre-Trial Period Begins
This period is intended for building each party's case by collecting evidence to support both sides of the case. Discovery may be filed among the parties, expert witnesses may be hired, and depositions may be necessary during this time.
The plaintiff is required to prove that a duty was owed. That defendant breached that duty. That the breach by the defendant directly led to harm or injury to the plaintiff, and that the plaintiff suffered injuries as a result.
The jury or the judge (bench trials) has the responsibility to determine Plaintiff's awards in damages based on factors such as out-of-pocket medical expenses and the severity of physical, emotional, or psychological pain suffered by the Plaintiff due to his injuries.
It's all we do. You'll find that many attorneys say they're "personal injury experts," but many will take any type of case that walks through the door, and most have never taken a personal injury case all the way through trial. We're prepared to take your case to a jury trial if necessary. When you're going up against an Insurance Corporation that has hired an army of adjusters and lawyers to deny or lowball your claim, you need someone on your side of the table to let them know you mean business. Mr. Niral Patel has over 26 years of experience working with injury cases.
At Niral Patel Injury Law, our Santa Ana Personal Injury Attorney offers free consultations to prospective clients with no obligation. A personal injury claimant can take advantage of our free consultation to understand their case & determine whether hiring a personal injury law firm is the right choice before making any financial commitment.