Debunked: Myths About Hiring a Personal Injury Lawyer

You’ve been in an accident, and you want to pursue the compensation you deserve. But instead of hiring a lawyer to handle your claim, you consider going it alone. After all, why hire a lawyer if you don’t have to, right?

There are many stigmas attached to lawyers. So pervasive are these myths that some people believe them even though they have never hired an attorney before. Unfortunately, these false beliefs result in victims of injuries (due to someone else’s negligence) not getting the compensation they deserve and wondering what went wrong.

Don’t become a statistic. Let’s debunk some of the most common myths surrounding hiring a personal injury lawyer so that you can get the compassionate legal counsel you need to win your case and get the compensation you deserve. 

Myth #1: You Don’t Need A Lawyer to File A Claim

The above sentiment is true: filing a claim with an insurance company can be done without legal counsel. But there’s a big difference between filing a claim and filing an effective claim. That’s where having a personal injury lawyer becomes invaluable.

The job of the insurance adjuster is to save their client’s (and, by proxy their own) money and pay out as little as possible. So when they’re talking to you, they’ll use everything you say (or don’t) to bend your words to their advantage and reduce the amount of money the insurance company will pay. It’s very easy to become confused and overwhelmed by their tactics, and without legal counsel in your corner, you could diminish or destroy your case.

Before filing a claim, you should first contact a personal injury lawyer to represent you. They will guide you through the entire claim process, including coaching you on what to say to the adjuster. If you follow your lawyer’s advice, you’re much less likely to make a costly mistake with your claim.

Myth #2: Attorneys Are Too Expensive

Some people who choose to forgo an attorney do so because they feel like they have to. They believe that they can’t afford to hire an attorney, even if they have a strong case. In addition, they may worry that, even if they win, they’ll be stuck paying the bill long afterward.

While it’s true that legal fees can be expensive, the final bill doesn’t have to come as a surprise. An experienced personal injury lawyer will tell you their costs upfront before you hire them. Moreover, most personal injury lawyers charge on a contingency basis and only bill you if your claim succeeds.

If you think that hiring a personal injury attorney is still too expensive, consider how much work they do for every client. Tracking down records, gathering evidence, talking with adjusters, filing paperwork, and negotiating settlements are all complex procedures they do on behalf of their clients. 

Myth #3:  My Injuries Don’t Warrant A Claim

All too often, people who suffer an accident never file a claim. For whatever reason, they think that their injuries are typical, minor, or otherwise not worth a settlement. They believe there’s some sort of standard that they don’t meet and choose to leave money on the table.

No matter how minor your injuries are, you need to consider the cost of treating them. Additionally, the full extent of your injuries may not reveal themselves at the time of the accident. Finally, even injuries that seem minor can worsen over days and weeks.

Before deciding on filing a personal injury lawsuit, you should seek medical treatment to determine the severity of your injuries. A personal injury attorney can then help you maximize your claim. You can recoup any costs related to your visit and treatment (even future treatment) by filing a claim.

Myth #4:  An Attorney Will Take Most of My Settlement

Even if you can afford an attorney, you might be worried that you’ll have to pay them the majority of your final settlement. After all that time and work, you fear what you get won’t be worth the time and effort. If that’s the case, why bother filing a claim at all?

The above worry is especially prevalent among those who have never hired a lawyer before. In truth, as part of hiring your lawyer, you need to sign an agreement. You can negotiate the terms before signing, including what percentage of the final award you’ll pay them. You’re paying them to do the heavy lifting for you, and often their fees will be a small fraction of the settlement you win.

The point is, at no point should you be surprised by what your lawyer charges so long as you carefully examine the contract. You should feel comfortable negotiating the terms. You’ll find most lawyers can be pretty flexible with their clients.

Trust Hann Law Firm to Handle Your Personal Injury Claim

Choosing to file your claim without an attorney is a massive gamble that’s not likely to pay off. A lawyer can help you get the most out of your claim so you can get your life back on track. But how do you know which lawyers have the experience you need?

Don’t risk making the wrong decision. Choose Hann Law Firm instead.

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves to be heard. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. 

We serve the communities of San Jose and help clients with personal injury claims, civil suits, family law, criminal defense, and business law. 

Contact us for your free consultation and get quality, compassionate legal help today.

What Can You Do to Maximize Your Personal Injury Settlement?

The stress of suffering a personal injury can affect all areas of your life. As a result, you need compensation not just for your medical bills but for everything you lost as a result. But how can you be sure that your claim is everything you’re entitled to?

Demonstrating how severely you’ve suffered can be a difficult task, especially if you’re still suffering. It doesn’t help that someone will be arguing against you, and attempting to trivialize your pain. If you aren’t careful, a judge may reduce your claim or dismiss it entirely.

Too many personal injury lawsuits fall short of providing adequate compensation to the plaintiff. Today, we will explain significant ways you can support and maximize your claim. 

1. Document As Much Evidence As Possible

Before filing a personal injury lawsuit, you need to collect evidence to support your claim. It’s not uncommon for personal injury suits to result in smaller awards because the claimant didn’t present a strong enough case. You can reduce the chances of this happening to you by documenting the accident and injury as soon as you can.

Report the accident as soon as you can to start collecting evidence. Take as many different photographs of the accident and resulting damage as you can. No matter how minimal you think an injury may be, get treated by medical professionals ASAP. Retain all medical diagnoses, written statements from your doctors, treatment dates, and anything relevant that alters your normal course of day-to-day life.

Of course, you may not be thinking clearly at the time the accident occurs. It’s also natural for some to minimize the harm they’ve suffered because they don’t want to come across as aggressive or feel frightened acknowledging how extensive their injuries are. But if you are going to maximize your personal injury lawsuit, you need to remember to treat your accident as seriously as you can and document everything.

2. Keep Track of Your Damages

When you make a personal injury claim, you can’t just pull a number out of thin air. Instead, you and your personal injury attorney will need to argue why the amount you’re fighting for is justified. To do this, you should keep records of everything the injury has cost you.

You can claim medical costs, lost wages from work, and non-economic damages as part of your lawsuit. You can prove the first with copies of your bills and the former with past pay stubs. Unfortunately, the last type isn’t quite as easy.

Most non-economic damages fall under the umbrella of emotional damages or pain and suffering. To best support claims of emotional damages, you need to demonstrate that you’ve sought professional help in treating it, such as therapy. These bills don’t reflect a demonstrable physical injury, but they’re still important.

3. Be Prepared to Negotiate

Interacting with the insurance company can be more challenging than going to trial. They work quickly to make offers in the hopes that their clients won’t have to set foot in a courtroom. But, of course, they’ll rarely match what you’re seeking.

Don’t negotiate on your own. An experienced personal injury attorney will work as your advocate whenever you need to interact with the insurance company. They can use their experience to prevent you from being taken advantage of.

When it comes to negotiations, don’t rush to accept the first offer they give you. Your attorney will show them the evidence that justifies your claims. If, after all that, they still refuse, you can file your lawsuit and take it to trial.

4. Draw Attention to Factors That May Have Led to the Accident

Whether you’re talking to insurance adjusters or making claims in court, you need to use all the evidence you have at your disposal. We’ve already outlined how to document the accident and support your claims. However, you can also suggest that the defendant engaged in behavior that made the accident occur.

Did the investigation uncover anything that could have impaired their driving in the case of a car accident? Did any witnesses see them driving recklessly or not following basic road safety? You can use any of these to show negligence and strengthen your case.

Note that you don’t need to prove that these things resulted in the accident, just that they were present. So, for example, you only need to illustrate that the defendant was in a distracted driving environment, even if you can’t definitively prove that they were distracted while driving. Your goal is to show that any reasonable person would believe the defendant created the situation that led to the accident.

Let Hann Law Firm Handle Your Personal Injury Case

Navigating the legal system is a challenge for anyone, especially when it involves personal injury claims. However, if you try to go it alone, you’re putting yourself at a disadvantage from the start. Without experienced representation, you risk losing the compensation you deserve.

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves to be heard. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. 

Contact us for your free consultation and get quality, compassionate legal help today.

How Hard Is It To Win A Personal Injury Lawsuit?

When you make the decision to sue another party for a personal injury you sustained, you start out by filing a claim for said personal injury. The party you are suing may choose to negotiate with you out of court and come to an agreement that covers the damages associated with your claim. This settlement pays for your lost wages, medical expenses and other expenses deemed necessary. 

When dealing with insurance companies during these claims, they will often try to draw out or prolong the claims process, as they want to pay as little as possible. This is where hiring a personal injury attorney can really benefit you during the process.

According to the United States Department of Justice, 90-95% of all personal injury cases are settled before they go to trial, often because they have valuable representation backing them.

Nothing is cut and dry when it comes to proving yourself in court and you will need to show proof, including evidence of injury and other verification of loss for your injury case. In this article, we will go over what it takes to be able to settle, what can hinder or prolong your case and why having a personal injury attorney can help move the case along even faster and achieve the best possible outcome for your case. 

Benefits of Filing a Personal Injury Lawsuit

If you’ve been injured and feel you are owed compensation for your suffering, here are some of the benefits to starting the paperwork and getting your case ready:

  • If you are seeking compensation for an injury due to negligence from the part of a job, car accident, or other responsible party
  • Finding out if you join a joint class action lawsuit to seek justice for your losses
  • The ability to sue for multiple damages related to your injury, including medical treatment costs, pain and suffering, and other projected expenses
  • Compensation for temporary or permanent job loss
  • Settlement to determine compensation for disability due to injury

What is the Insurance Company’s Role in Your Personal Injury Cases?

Most likely, the insurance company that is involved with the other party will not want to spend the time and money going through a trial if there is a chance they can come to a settlement agreement with you, as the plaintiff. This saves everyone a lot of time and money, but both the plaintiff and the insurance company must come to a mutually beneficial agreement (known as a settlement). 

Naturally, the insurance company doesn’t want to pay as much as they would have to if the case went to trial. Likewise, the plaintiff doesn’t want to lose a lot of money by not going to trial, but the plaintiff must also realize how much time and money they’ll save by not going to trial. 

In the end, both parties must make it worth each other’s while to not pursue taking the case to trial. Again, this can be very stressful if you decide to represent yourself, because insurance companies have much more experience than you do dealing with personal injury cases and an entire legal team on their side for just such an occasion. 

In addition, you may still be suffering and uncomfortable during the case as well, and dealing with those issues alone is stressful enough. There may be pressure on you to settle, and without legal representation, you may end up settling for far less than you are rightfully owed. All in all, having a personal injury attorney on your side can help not only ease stress, but offer you the best settlement available. 

Additional Tips for a Successful Case and Settlement:

  • Collect as much evidence as you can to prove the other party’s liability and negligence.
  • Get medical care as soon as possible and keep a copy of your medical records.
  • Know your state’s statute of limitations and file your case as soon as possible. The statute of limitations in California for personal injury lawsuits is two years from the date of accident or injury.
  • Do not share details about your case with others. Your lawyer can direct you on whom you can share any information with while working on the case, as it is not wise to share too much information if the case is still in litigation. 
  • If in doubt, always hire an attorney. As we have seen, they can be invaluable during this mentally and physically tiring process. And with proper representation, you won’t get left on the sidelines looking at paperwork and agreements you don’t understand. An attorney will do their best to get the most beneficial settlement possible. 

Get Expertise with Understanding at Hann Law Firm

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves to be heard. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. 

Contact us for your free consultation and get quality, compassionate legal help today.

How Do You Win a Slip and Fall Case?

Recovering damages from a liability accident known as a “slip and fall” in California all comes down to proving negligence. Sometimes the damages can be as small as a bruised ego and hurt pride, but other times, a slip and fall incident can have devastating repercussions for the rest of your life. The outcome of your case relies solely on you to prove to the court that any negligence has been a factor in your injury.

In that state of California, not all injuries are created equal. As the one who has gotten injured, the burden of proof is on you to show proof of injury. You must also prove negligence on the part of the other party in order to collect any type of compensation or damages. 

If you slip and fall on someone else’s property, they might be liable for damages. Every case is different, and the judgement on the case will rely on several factors and a plethora of evidence. There is no sure-fire way to win a slip and fall case

If you plan to explore your case with an attorney, here’s some valuable information on how you can bolster your chances of winning your slip and fall case and what you’ll need to do to improve your chances for success.

Common Causes for a Slip and Fall Causes

Slip and fall cases are some of the most common legal cases that are normally seen by attorneys in the state of California. These common causes are: 

  • Failure to put up proper signage about known hazards
  • Plumbing leaks not cleaned up
  • Uneven roads or road spills
  • Loose carpeting
  • Uneven floors
  • Exposed cables and cords
  • Broken or missing railings
  • Broken furniture 

Who is Liable for a Slip and Fall in California?

When a person or persons comes on your property, you owe them “duty of care” which applies to the people who own, lease, occupy, or control property. Even parent companies or insurance companies can be liable to pay damages to anyone who gets injured on their property in California. 

What Proof Do I Need to Qualify for Damages?

To recover damages for a slip and fall accident in California, the plaintiff must establish four things:

  1. That the defendant owned, leased, occupied or controlled the property in question;
  2. That the defendant was negligent in the use or maintenance of the property;
  3. That the plaintiff was harmed by slipping or falling on the property
  4. That negligence was the main factor in causing the harm to the plaintiff.

Keep in mind, there is a limitation on how long you may wait to claim damages. Section 335.1 of the California Code of Civil Procedure (CCP) explains that you have exactly two years from the date of the injury to initiate your legal claim.

How Can I Prove Negligence?

As the plaintiff, you must prove that the defendant was negligent, and some of the ways you can prove negligence by:

  • Proving that a condition on the property created an unreasonable risk of harm
  • That the defendant had prior knowledge of the object that caused the injury
  • The defendant failed to repair the issue or, protect against harm from the issue, or give adequate warning of the issue.

Say, for example, your apartment complex did not put out a Caution Wet Floor sign after they washed the floor and left it wet and unsupervised; that would be an example of negligent behavior and could lead to someone getting severely hurt.

What Type of Restitution Can I Get for My Slip and Fall Case?

As the plaintiff in a slip and fall case in California, you are entitled to recover any and all compensatory damages you deserve as a result of the defendant’s negligence. Compensation for a slip and fall claim can include, but is not limited to:

  • Getting any and all medical bills paid for medical treatments, home health, rehab, etc.
  • Recovering lost wages from your business or work,
  • Recovering lost earning capacity,
  • Being awarded however much the court determines the extent of your pain and suffering amounts to.

How Do I Prove the Accident was the Defendant’s Fault?

The key to winning a slip and fall case in California is to provide enough evidence that shows that a fall resulted from the defendant’s negligence. Getting help from a skilled personal jury attorney can be a huge asset and may give you the aid you need to prove your case. Evidence that you can provide includes:

  • Doctor’s notes
  • Physical therapy or treatment due to injury
  • Video footage of the accident itself
  • Witness statements 
  • Testimony from experts in the field of slip and fall cases

Personal Injury Help with Heart at Hann Law Firm

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves justice. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. 

If you have been injured in a slip and fall in San Jose or the surrounding area, contact us for your free consultation and get quality, compassionate legal help today.

How to Know If You Need to Hire a Personal Injury Lawyer

Injuries come in different severities and may be due to a single point fault, or several to varying degrees. Some are inconsequential while others can incapacitate us and turn our lives inside out. 

Personal injury claims cover a plethora of circumstances and situations, so the severity of your injury makes a huge difference in the next course of action you should take and who should be involved.

If you feel your injuries are beyond insurance and small claims, then you may want to seek the advice and ongoing counsel of a qualified personal injury lawyer. Since personal injury claims cover a wide variety of situations and many different types of accidents, your claim could involve the need for investigation, subpoenas, repeat contact with the court and other parties, and much more, so having the help of a knowledgeable attorney is the best option to help you get the compensation you deserve. Let’s take a closer look at when a personal injury lawyer would be the best option for you.

What Are The Most Common Types of Cases That Personal Injury Attorneys Take On?

It’s important to know what kind of cases personal injury lawyers are willing to take on. Here is a list of some of the most common types of injury claims:

  • Car Accident Claims. These are by far one of the most common personal injury claims made every year.
  • Medical Malpractice Claims. Result from negligence and thought they can be quite complicated, are handled as a personal injury case.
    • Slip and Fall Accidents. A very common type of personal injury, these often happen due to the negligence of the other party and you could be liable for compensation if you have been harmed. 
    • Assault. This is one of the few forms of personal injury that is not considered the result of negligence. 
  • Wrongful Death. These claims involve the death of a person due to someone else’s negligence. 
  • Workplace Accidents. If you are injured at work due to unsafe working conditions, it is your employer’s negligence that the claim will be made against.
  • Dog Bites. Dog bite cases are treated similarly to personal injury because they are considered the result of negligence on the owner’s part.
  • Product Liability. Defective products can lead to direct or long term injuries and you may be entitled to compensation if you have been harmed as a result.

Signs You Need a Personal Injury Attorney

You suffered serious injuries. 

This means that your injuries are so severe that they prohibit your daily routine and activities as well as your ability to go to work. Compensation can range based on the severity of injuries, how much work you’ve missed and how much your medical bills total up to. Recovering from an accident is very stressful, not to mention incredibly expensive if you are missing work due to your injuries.

You have a permanent or long-term disability. 

If you have sustained injuries that will require you to get long-term care or have left you permanently disabled, you should discuss your case with a personal injury attorney as soon as possible. An experienced personal injury attorney can help get the most compensation out of a disability claim, as these cases can be quite complicated and intensive due to long term suffering and often, the inability to work.

Your accident was caused by a defective part or product. 

The manufacturer or company of the defective part or product could also be held liable for damages if there is any type of fraud involved on the company’s end as well. An attorney can help you navigate through the legal system, so all evidence is taken into consideration.

You’re not receiving compensation for missed work. 

You are entitled to receive lost wage compensation if your injuries have forced you to take time off from work due to your claim. If the insurance company is refusing to include the wages as damages in the case, consulting with an attorney the next step in you 

Your insurance company is refusing to pay your claim. 

If your injuries are due to the negligence of another person, it is on their insurance company to compensate you for your injuries. Many insurance companies may not be willing to pay the amount that you are due because they are trying to lower their payout. This is where a personal injury attorney comes to aid you in your negotiations to get you a better and more satisfying settlement.  

Get the Settlement You Deserve with Hann Law Firm

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves to be heard. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. 

Contact us for your free consultation and get quality, compassionate legal help today.

Personal Injury Settlement: How Much Can You Get?

Personal Injury Settlement: How Much Can You Get?

What happens if you’ve suddenly been hurt in a car accident, had a slip-and-fall or another kind of personal injury caused by another party’s negligence? If you find yourself in this situation, you no doubt have to deal with considerable medical bills and time off from work. There are many questions you may be asking yourself: 

  • How long does the process take? 
  • What can you do to increase chances of winning a settlement?
  • What a fair and adequate amount is to cover your losses?

With such a complex set of outcomes possible in personal injury cases, there is much to learn about your settlement and what channels need to be pursued to get yourself compensated. This article seeks to answer many of those questions for you and help guide you to your next course of action that will hopefully lead to healing and a just resolution. 

Factors That Can Affect the Value Your Personal Injury Claim

There are certain factors that have been shown to positively or negatively impact the value of your personal injury claim. Some of those factors include:

  • The type of accident you were involved in
  • The Severity of your injuries
  • Medical expenses
  • How long you were off of work due to your injuries
  • Total amount of recovery time
  • Any long-term injuries and effects
  • Whether or not you, as the victim, contributed to the accident

No two personal injury cases are exactly alike, and as a result, two cases may vary widely in the amount of compensation awarded. While the average slip and fall case settles for between $30,000 and $60,000, many cases are awarded in the hundreds of thousands, or even millions in some circumstances. Likewise, the average car accident settlement is only $21,000, however there are cases that are awarded far more and far less. 

Your personal injury lawyer will help you weigh the aforementioned (and other) mitigating factors to help determine how much they may impact your personal injury settlement.

How Long Does A Personal Injury Settlement Take?

Again, the length of time for you to receive your settlement can be longer or shorter due to a number of factors. The particulars of your case and the circumstances surrounding it will decide the length of time, as well as the following: 

  • The degree and extent of your injuries
  • When you will reach your maximum medical improvement (MMI);
  • If your case is being disputed by the other party 
  • Negotiations for the settlement
  • If your case needs to go to trial (US Government statistics show that around 5% of personal injury cases go to trial. The other 95% are settled pretrial.)
  • How long you are willing to wait for a good outcome

Damages You Can Seek For a Personal Injury Lawsuit 

There are two types of damages you can seek for personal injury claims in California: economic and non-economic damages.

Economic Damages

These serve to reimburse you for any expenses directly related to your accident or injuries such as:

  • Property damage
  • Medical bills
  • Lost wages

Non-Economic Damages

These damages are also related to your accident or injuries but are for recovery of intangible damages, including:

  • Pain and suffering
  • Emotional distress
  • Loss of consortium

Punitive Damages

Punitive damages are not often awarded as they are damages assessed in order to punish the defendant for outrageous conduct and serve to reform or deter the defendant and others from engaging in conduct similar to that which caused the personal injury lawsuit. If a defendant’s egregious, malicious, or careless actions caused your injuries, a court might award punitive damages.

Your attorney will help you estimate the appropriate amount of damages due to you. 

What’s the Statute of Limitations for Personal Injury Claims?

It is very important to file your personal injury claim correctly and promptly in order to be entitled to the compensation you deserve. A statute of limitations imposes a time limit on how long you have to file your lawsuit.

In California, the statute of limitations for a personal injury claim is two years from the accident date. If your injury was not discovered right away, then the statute starts 1 year from the date the injury was discovered. If you fail to file your lawsuit within the specified timeframe, you will forfeit your right to compensation.

Shared Fault Laws in California

It is important to note that in some personal injury cases, the defendant may make the argument that the you, the injured party, is actually at fault (at least partially) for causing the accident in question. This is called shared fault or comparative negligence.

If you are at fault for some level of liability, in this case, that can affect the amount of compensation you end up receiving from the other at-fault parties. If your case is found to be a shared fault case, California follows a rule called “pure comparative negligence.” This means that the total amount of compensation you’re entitled to receive will be reduced by the amount that is equal to the percentage you are at fault for the accident.

Legal Help with Heart at Hann Law Firm

At Hann Law Firm, we take a personal approach from the start. Listening to our clients is at the heart of our success in the courtroom. When you work with us, we’ll address your specific challenges, prepare diligently for the best possible outcome, and create a personalized approach to help achieve your goals.

While other firms see a case number and a bottom line, we see each client as a human being who deserves justice. We know your case is important to you, and we’ll take it just as personally. You and your case matters to us. Contact us for your free consultation and get quality, compassionate legal help today.

Should I Settle My Personal Injury Case?

In the state of California, if you experience an accident due to someone else’s negligence, there are two ways in which you can get compensated: by being offered a settlement for your injuries and damages, or by going through the civil lawsuit process.

If you have been in an accident that resulted in injury, you may be wondering how to proceed. An excellent way to assess your options and weigh the legalities of your particular situation is to hire an experienced personal injury attorney. Your personal injury attorney will be able to help you negotiate a settlement or advise you in court, should your case call for it.

A lawsuit may result in better compensation for you. There are many different factors that you should consider before choosing to file a lawsuit or deciding to settle. Let’s take a closer look at the pros and cons of each.

Personal Injury Settlements

A settlement offer happens when a defendant or insurance adjuster offers to compensate you for being injured. A settlement transpires anytime after a claim is filed, but a trial hasn’t begun. A settlement can also be given when a trial has started, but no verdict has been reached. 

Once an agreement on the settlement has been reached, the plaintiff is required to renounce all claims that have come from being in the accident or incident. The plaintiff will then be asked to sign a liability release.

Pros and Cons of Settling 

When weighing your options, it is always important to know the benefits and the potential negatives of choosing one course of action over the other.

Pro

As the plaintiff, you and your attorney are in control of the negotiations. You will be free to accept or decline the offer that the defendant has given you and to negotiate a new amount if the offer doesn’t satisfy you.

Con

Once you have settled, the deal is permanent. If further problems arise from your injury after a settlement has been accepted, there will be nothing else that you can do with the case. 

Pro

A settlement is going to be much quicker than a trial. On average, you can have a settlement resolved in three to six months. A trial can last months or even years, in some cases. Settlements are more efficient, less costly, and potentially less stressful.

Con

There is a chance you could get better compensation if you take your case to trial. An attorney will help you determine if a trial is worth the cost and time to litigate.

Pros and Cons of Going to Trial

Pro

You could be awarded better compensation if you take your case to trial. When going to trial, the judge is free to make a judgement based on the factors of the case and the evidence your attorney provides. When an impartial judge is involved, proving your case is the focus, rather than negotiating a settlement with a party whose financial interest is to pay out as little as possible.

Con

When you go to trial, there is always risk associated. It’s not always guaranteed that you will win, nor receive any compensation. You could spend a lot of time and money on your trial just to lose the case.

Pro

If you are successful at trial, it could give you a better sense of justice. Due to the nature of the trial, the defendant could be found liable. However, in a settlement, the defendant never has to admit guilt to anything related to your personal injury.

Con

Going to trial is often a long, extensive process. It is vital that you weigh your options and find an experienced personal injury lawyer. Trials can take years — make sure that the court costs and attorney fees are worth your time.

Why You Might Choose To Settle

There are several rationales to why you may elect to settle your case instead of going to trial. 

Trials are Stressful

In a personal injury case, a trial is likely to only last for a few days or weeks. However, the process of a trial is often stressful for all parties that are involved. Anyone involved in the accident is subject to examinations and cross-examinations on a witness stand during a trial. Often, a person’s character and past are publicly surveyed. 

The weeks leading up to the trial will be filled with interviews and labor-intensive questions for all parties. With a settlement, you will negotiate an agreement to get compensated, and the case is concluded.

Settlements are Private

If your personal injury case goes to trial, then all records of the trial will be on public record. The only way for this instance to not happen is if the judge orders to seal the records. This rarely ever happens. 

This means that anything that is said, including testimonies and evidence used against each other, will be accessible for anyone to read. Settling your case out of court will ensure that this information stays private, leaving you in control of what information the public can get ahold of.

Trials are Unpredictable

A jury could rule in your favor and award you with a higher payout than what the settlement offer amounted to. It’s not guaranteed. When you go to trial, everything is unpredictable. The judge could exclude evidence, inconsistencies with testimonies, or a witness could be deemed unreliable. 

What’s even more unpredictable is the amount that the jury will award to you as the plaintiff. Whatever money you receive is up to the jury’s discretion. This number will always vary and will never be more than an educated guess at the amount. When you settle your personal injury case out of court, both involved parties have control of the negotiation.

Hann Law Firm Can Help

If you have been injured in an accident in California and would like to learn more about your legal rights, Hann Law Firm is here to help. 

We provide a thoughtful approach to personal injury cases and help you get the compensation you need while you focus on your recovery. We are seasoned litigators who know how to win – Contact us today to find out how we can help you get the justice you deserve.

Do I Need to Hire an Attorney for a Slip and Fall in California?

Did you slip and fall due to someone else’s negligence? If the answer is yes, you may be wondering what your next steps are. A personal injury lawyer can help you recover the costs for medical care, time off of work to recover, deal with insurance companies, and file all claims and paperwork necessary.

Accidents can happen anywhere due to hazardous conditions, and you may be entitled to receive financial compensation. While laws differ from state to state, an experienced lawyer will help to ensure that you have someone looking out for your best interests. 

California has complex laws regarding the circumstances of a slip and fall accident. If you have experienced an injury due to slipping and falling, it is vital that you contact an expert personal injury lawyer to find out what you are entitled to. Let’s take a closer look at the details of slip and fall cases and how a personal injury attorney can help you.

What Are The Criteria For A Slip And Fall Case

If you have slipped and fallen, you must understand the key issues and factors that help determine whether you have a case and why you will need to hire a personal injury lawyer. 

Not every accident qualifies as a slip and fall claim. Accidents can happen at work, in businesses, in your own home, or other people’s homes. Some accidents result from errors made on the victim’s part and are not caused by anyone else’s negligence. Some cases may be considered partially the fault of multiple parties.

A slip and fall claim must involve another party’s negligence. For example, they are considered negligent if the property owner negligently failed to maintain the premises and keep it reasonably safe, failed to fix hazardous conditions, or did not place proper signage or other safety measures.

Some of the most common causes of a slip and fall accident are:

  • Surfaces that are uneven or slippery due to ice or a spill
  • Handrails that are missing or loose
  • Dim or inadequate lighting
  • Steps that are broken or uneven
  • A floor with broken tiles or uneven surface
  • Carpet that is torn or bunched up
  • Sidewalks that are broken or uneven
  • Pavement in the parking lot has holes or an uneven surface

Physical and emotional recovery is challenging enough. The extra added burden of paying your medical and personal bills while you are healing is one of the top reasons why hiring an experienced personal injury lawyer is essential.

Why You Should Call a Personal Injury Attorney

1. Collecting And Presenting Evidence

Evidence is essential to prove your claim. You have the legal right to obtain any evidence available to use for your legal claim and will need support navigating the discovery process.

It will be challenging to prove liability and leave you without a leg to stand on without proper evidence. Your attorney will be able to make evidence requests and build a solid case around your injury with the evidence acquired.

2. Dealing With Insurance Adjusters

Insurance companies never look out for your interest and will do everything in their power to pay out as little as possible. Insurance adjusters are there to fight for the best interest of the insurance company.

Insurance companies and businesses will always try to avoid liability when presented with a slip and fall case. Having a personal injury lawyer on your side ensures that you have someone looking out for your best interests and staying ahead of attempts to undermine or downplay your injuries or claims.

3. Proving Fault And Liability

Proving liability can be complex, and you must prove fault due to negligence on the part of the individual or business. 

You need to prove that the other party was responsible for your accident. The court will only grant financial compensation with proper evidence in a slip and fall case.

4. Ensuring You Receive Fair Compensation

Proving the extent of your injuries and losses will give you every chance to receive fair compensation. In California, victims are granted financial compensation that is equivalent to the value of their loss.

Both financial and non-financial compensation may be awarded depending upon the circumstances of your case. 

Hire An Experienced Personal Injury To Fight For You

If you have been injured in a slip and fall in California and would like to learn more about your legal rights, Hann Law Firm is here to help. 

We provide a thoughtful approach to personal injury cases and help you get the compensation you need while you focus on your recovery. We are seasoned litigators who know how to win – Contact us today to find out how we can help you get the justice you deserve.

Is It Worth Hiring A Personal Injury Attorney In California?

If you’ve been injured and wondering if it will be worth it to hire a personal injury lawyer, you’ve come to the right place. With the help of a personal injury attorney, you have the best chance of receiving compensation for your medical costs and other accident-related expenditures.

While you are not obligated to hire an attorney to handle a personal injury lawsuit, it is a wise decision. So, what are the advantages of employing a personal injury lawyer to represent you in court?

In this article, we’ll discuss what a personal injury lawsuit entails, and exactly why it is important to hire a personal injury attorney.

What Is a Personal Injury Lawsuit?

In the United States, personal injury claims are frequent. Personal Injuries are legal wrongs or losses – physical or emotional — caused by the carelessness of another person or entity

You should first determine if you have a legitimate claim. Typical personal injury lawsuits include automobile and motorbike accidents, slip and falls, dog attacks, construction injuries, medical negligence, assault, and battery. These instances fall within the category of tort law, which deals with civil wrongs and recklessness.

Personal injury damages are generally classed as “compensatory” since they intend to reimburse the plaintiff for losses incurred due to the accident or injury. Medical treatment, income, property loss, pain and suffering, and mental anguish are all examples of compensatory damages. 

The damages arising from personal injury cases are categorized as “punitive” in difficult situations when a person was highly irresponsible. Bodily injury claims are a subset of personal injury claims, and it’s vital to understand why this claim is generally classified differently.

Why Is It Important to Hire a Personal Injury Attorney?

You may be suffering from distress, panic, and tension if you recently suffered a bodily or psychological injury due to an incident such as a vehicle accident, slip-and-fall, dog bite, or other encounter in which you have been harmed. 

You may have several concerns about what to do next after an accident, such as how to file a claim, what information you need, which documentation you should gather and submit, and what kind of legal representation to employ. 

In these situations, it is best to seek the advice of a personal injury lawyer to help you make heads or tails of the situation, determine if you have a strong case, and provide guidance in the crucial next steps that could shape your future. 

1. Personal Injury Lawyers Are Professional and Objective in Their Approach.

A personal injury may leave you in excruciating physical and mental suffering. You may be unable to bring objectivity to your case due to the pain and suffering you have experienced due to your injuries. Your sentiments and opinions may harm your ability to keep to the facts of the case.

The details of your case are what matters to your personal injury attorney. They will provide a qualified viewpoint to your case, ensuring that you obtain the compensation you deserve. Personal injury attorneys will battle for you on the grounds of your case, and will note the anguish you have endured in a way that bolsters your case, rather than harms it.

2. A Personal Injury Attorney Provides You With Options.

If you’re unfamiliar with the procedure, filing a personal injury claim will likely be time-consuming and confusing. In most cases, there are two options. You can file either an insurance claim or a personal injury lawsuit.

Court action should only be used as a last resort because it might take a long time for the court to rule on your case. However, if the guilty individual refuses to accept responsibility for your injury, it may be your only choice. A personal injury lawyer will advise you on the best line of action and formulate a plan to bolster your chances of success.

3. A Lawyer Can Help You Get the Medical Attention That You Need.

If you contact your personal injury lawyer as soon as possible following your injury, they will be able to assist you in receiving appropriate care. They may be able to refer you to medical professionals who can help you with your injuries.

A good medical team can not only help you heal quickly, but they can also help you get the most out of your personal injury claim. If your case gets to court, doctors can testify as expert witnesses.

4. Expert Negotiation.

The opposite party will put all their effort into negotiating for the lowest payout possible. You’ll have to deal with either their insurance agent or their lawyer, or both. You have little-to-no chance of hard negotiation against these experts without expert legal representation.

Even if the other party is to blame for your injuries, their lawyers may try to persuade you to accept an insufficient settlement to compensate you for your losses. Keep in mind that they are looking out for their client’s best interests, not yours. It is highly recommended to employ a personal injury lawyer to level things out and enhance the amount of money you should receive.

5. Personal Injury Attorneys Offer Better Litigation Assistance.

If the other party denies your compensation claim, the only other alternative is to go to court. Even if your personal injury claim is valid, going to court may work against you, especially if the opposing party hires a lawyer and you do not.

Having a personal injury attorney on your side helps you balance the playing field. Representing yourself in court is a risky and often-losing battle. Don’t risk losing out on the compensation you deserve – consult an experienced personal injury attorney.

6. They Will Thoroughly Check the Defendant’s Evidence.

If your personal injury lawsuit goes to court, the defendant’s legal team will try to show that they are not to blame for your injuries. You’ll need to examine and refute any proof they present to back up their argument. This is no easy task, and will require legal knowledge to fight in court.

7. A Lawyer May Be Able to Speed up Your Personal Injury Claim.

Getting a settlement for your injuries may take too long if you have to wait until your doctor gives you a clean bill of health.

If you employ a lawyer, they will begin working on your compensation claim while you are recovering. Lawyers deal with similar situations regularly, so they can foresee the majority of potential obstacles and plan ahead to give you the best chance of financial recovery and a fair and speedy resolution to your case. 

8. Your Settlement Claim Is on Track With Their Help.

You may not be able to fulfill stringent deadlines for completing your personal injury claim documentation if you’re preoccupied with other vital matters. A personal injury attorney maintains track of deadlines and processes to ensure that everything happens on time. 

9. They Will Improve Your Chances of Receiving the Payment You Deserve.

Your ultimate goal in pursuing a personal injury claim is to receive the total amount of compensation you are entitled to for your injuries. However, the tax treatment of personal injury settlements is complicated and confusing.

The offending party’s insurance will try to obtain you the least amount of money feasible through third-party capture. They are, after all, corporations looking out for their financial interests. Hiring a personal injury attorney puts you ahead of the game, ensuring that no aspect of compensation is missed and that you have the best chance of success.

10. You Will Have Peace of Mind.

After an accident, seeking compensation for your injuries may be a time-consuming and challenging procedure. Having a personal injury lawyer on your side will save you time and provide you with the peace of mind you need to concentrate on getting better. Your lawyer will handle the complicated issues you don’t need to deal with, while you rest and focus on getting your life moving again.

Speak With An Experienced and Reliable Personal Injury Attorney 

If you have been injured in an accident in California and would like to learn more about your legal rights, Hann Law Firm is here to help. 

We provide a thoughtful approach to personal injury cases and help you get the compensation you need while you focus on your recovery. We are seasoned litigators who know how to win – Contact us today to find out how we can help you get the justice you deserve.

What is the Average Settlement for a Traumatic Brain Injury in California?

What is the Average Settlement for a Traumatic Brain Injury in California?

A traumatic brain injury (TBI) is an injury to the brain caused by physical force. This type of injury is caused in various ways, and can occur during car accidents, slip and falls, and other types of accidents where the impact is directed to the head. If you experience a traumatic brain injury, you may face effects for the rest of your life.

If someone else’s actions caused the injury, you might have the right to pursue a claim for damages. This article walks you through the details of a TBI settlement in California.

Average Costs of TBI Treatment and Rehabilitation

The cost of treating and recovering from a TBI can vary depending on severity. Some TBI victims have minor injuries and only incur a short stay at the hospital, outpatient care, and monitoring by a physician. More severe injuries can require hospitalization, inpatient care, monitoring by specialists, and other treatments that could last for the rest of their lives. 

The recovery from a TBI typically entails physical, cognitive, speech, or occupational therapy. If the victim is paralyzed or disabled, they require expensive medical equipment, mobility aids, medicines, and home assistive devices. Various studies have been conducted by the CDC, Brain Injury Association of America, and the Family Caregiver Alliance, which indicate the following TBI victim statistics:

  • The first year of rehabilitation could cost nearly $196,000. Without rehabilitation services, the treatment for one year is approximately $18,000.
  • Total lifetime costs for a TBI victim could reach $4 million.
  • Fatal TBIs can cost upwards of $450,000.
  • The average daily cost for inpatient TBI care is $8,000. Residential rehabilitation facility costs average between $850 and $2,500 daily. Outpatient rehabilitation can reach up to $1,000 per session.

These numbers are staggering when trying to calculate the cost of recovering or caring for a TBI. Depending on the cause of the TBI, insurance may not cover all of the recovery and possible lifetime care for the victim. Contacting a personal injury lawyer as soon as you can after the injury helps you recover the maximum amount of damages from the person at fault in the accident, slip-and-fall, or other incident resulting in a TBI.

What Is the Average Settlement for a TBI Injury?

While there is no standard value for a brain injury settlement, understanding the extent of the injury helps the courts determine the value. Settlement amounts can range from the thousands to the millions depending on the circumstances of your case. TBI settlements tend to be much higher than other personal injury claims because of the long-term impact of the injuries. 

During your personal injury lawsuit, many factors influence the value of your settlement. The type of accident is one determining factor, there are different settlements for car accidents, slip and falls, and other TBIs caused by someone else’s negligence. 

Car accident TBI cases take the speed, car make/model, and your body position into account to determine how your brain is impacted. Slip-and-falls depend on height, frequency, and the extent of the injury.

In addition to the accident details, your age, gender, and health conditions can decrease or increase your risk for some injuries. If you wait to seek medical treatment, you could experience worsening effects, affecting the outcome of your lawsuit. When you seek care immediately, you may minimize the risk of complications, but you’ll notice how quickly the medical bills stack up. In addition to medical bills, you may also face lost time at work, a decrease in pay, or even the inability to work for the rest of your life. Regardless of the cost, seeking treatment immediately is essential to preventing more serious complications.

As you can see, many factors go into calculating the cost of a TBI. It’s crucial that you have a California personal injury lawyer evaluate your case to help consider the variables and maximize the amount of your settlement.

Finding The Right Attorney

At Hann Law Firm, our purpose is to advocate for you in the face of these challenges. We’ll fight to get you the compensation you deserve to heal and move forward with your life. We have a long, proven track record of success in San Jose and throughout California – you can trust us when it’s most important.

Our approach to personal injury cases is simple – it’s focused on YOU.  While other firms try to take on as many cases as possible to maximize their profits, we do things differently. We invest the time, resources, and energy into supporting you from beginning to end. That means taking all the steps necessary to understand your situation, what you need, and how to best accomplish your goals. This client-centered approach results in the best outcomes every time. 

We have experience with a wide variety of cases, including slip-and-fall injuries, catastrophic neck and spinal cord injuries, traumatic brain injuries, and car accidents. We’ve seen it all. Because of this, we know the ins and outs of these types of cases and can often negotiate a reasonable settlement without ever having to go to court. Contact us today for your free consultation.