What Are The Most Common Personal Injury Claims?

Personal Injury Claims

Accidents are inevitable but when someone is at fault for causing you personal harm, you may be owed compensation. It’s common for people to think that injury claims typically pertain to car accidents or workplace falls or spills, but things like dog bites or medical malpractice are filed each year. Most people have heard of personal injury claims, but let’s take an in-depth look at the more common personal injury claims.

Most Common Personal Injury Claims

Vehicle Accidents

We often think of personal injuries being involved in vehicle accidents. When someone’s negligence has injured you, regardless of the vehicle, you may file a personal injury claim. Pedestrians also harmed by any vehicles also are able to claim a personal injury case.

Slips and Falls

Dangerous conditions like slick floors, cracks in sidewalks, and unsafe stairwells can all lead to slips and falls. Property owners are liable for any accidents that happen on their personal or their company’s property. Slips and falls are most common to cause hip fractures and brain injuries, but also may involve injuries to the back, neck, legs, arms, or shoulders. 

Animal Bites

Dog bites are the most common, but other animal bites can also lead to personal injury claims. State laws differ, but having help from a personal injury lawyer can maneuver your claim based on where you live. In California, owners are usually liable for any damages caused by their animal, which covers personal injuries. 

Medical Malpractice

Negligence and suffering from medical professionals, who are supposed to provide a high level of care, can cause injuries, PTSD, and worse. Researchers at Johns Hopkins estimated that  there is an average of 250,000 people who die every year from medical mistakes in the US. Medical malpractice lawsuits serve justice to injured patients and surviving family members of people harmed due to malpractice, by holding those responsible accountable for their actions. If you, or someone you love, has been harmed by a medical provider, contact a personal injury attorney immediately to discuss your case.

Assault

Gun-related injuries are the most common type of assault personal injury claims, but many people suffer other types of unacceptable assault in the workplace, at home, or in public. By fighting against the perpetrator, you hold them accountable for their actions, hopefully deter them from harming others, and are able to recover compensation for your physical and emotional injuries.

Workplace Accidents

Employees will file accident claims when they sustain injuries at work due to malfunctioning equipment, unsafe conditions, or by not providing sufficient training. Most high-risk jobs like trailer drivers, material movers, construction workers, nursing assistants, and laborers are more prone to accidents, and according to the law, employers must compensate their injured employees for any losses that have occurred at work.

Wrongful Death

Wrongful death describes a lawsuit where a person has been killed due to someone else’s negligence. Personal injury claims over wrongful death are similar to medical malpractice cases. Wrongful death suits are common from car or truck crashes, nursing home neglect, medical malpractice, construction accidents, airplane accidents, or the use of defective products. This type of lawsuit allows the family to sue the person or company at fault to receive compensation for their loss, give a certain type of closure and justice for their loved one.

Defective Products

While most businesses comply with strict quality and safety standards during their manufacturing process, faulty materials can always slip through and harm their user. Companies or individuals that manufacture, distribute, supply, or sell a defective product to the general public will be held responsible when their product has caused any damages to someone.

Defamation

While personal injuries often involve physical damage, certain acts that can affect your well-being can be considered in a personal injury claim. Defamation, libel, and slander are all handled differently based on state laws. Misleading or false statements that affect your reputation, or put you at risk, are valid claims to seek a personal injury lawsuit and you may be entitled to damages. 

A plaintiff will need to prove certain things:

  • A false statement that was presented as fact
  • That statement was communicated to a third person
  • Whoever made the statement was negligent in their behavior
  • The victim was damaged or harmed

Filing A Personal Injury Lawsuit

At Hann Law Firm, we are an advocate for you in the face of challenges from a personal injury. We focus on you and your recovery while investing time, resources, and energy into supporting you from the very beginning.

We know your case is important to you, and we take it just as personally. Your case matters to us, and we’re here to help you see through it every step of the way. If you or someone you love has been injured, let us help fight for your rights and get you the compensation you deserve.

Contact us for a free consultation and get quality, compassionate legal guidance today.

The Biggest Personal Injury Myths You Need To Stop Believing

personal injury myths

There are plenty of myths and misconceptions surrounding personal injury lawsuits, which unfortunately can keep many people from filing claims. Some of these common myths circulate throughout social circles and media, leaving those who are dealing with long-term effects and injuries feel as though they are not entitled to compensation. 

Misconceptions About Personal Injury Myths

To have a more realistic expectation through this process, let’s take a look at the most common misconceptions surrounding personal injury claims, lawsuits, and lawyers:

Your Insurance Will Cover All the Costs

Injuries from car accidents are very common, yet insurance companies only pay approximately half of the costs associated with vehicle accidents. Victims of car accidents may have to pay up to 25% of their injury or repair costs out of pocket, and depending on the severity of the accident, these costs can add up quickly. Depending on your coverage, your insurance rates may also increase. This gives plenty of reason to file a personal injury claim, as insurance companies will often refuse to pay what the claim is worth.

It’s Greedy to File a Personal Injury Lawsuit

This perception is typically the reason so many people choose to not file a personal injury claim, but if you have been the victim of someone else’s negligence or malicious intent, it is not greedy to require medical expenses and property damage repairs to be covered. Medical bills add up quickly, and property damage can inflict trouble in your everyday life and your ability to work. Filing lawsuits against those who have caused harm is important to hold them responsible for their actions, and seeking justice for your own property damage and injuries may help mitigate those damages to others in the future.

Personal Injury Lawsuits Take a Long Time

Not all personal injury lawsuits are the same, so it is impossible to determine how long a claim may take to process. Some cases can be complicated, which can take years to resolve, whereas some are straightforward and able to be processed in a shorter amount of time. Most injury lawsuit cases are not sent to trial, and victims are compensated through negotiations of both parties.

You Can File a Personal Injury Claim Any Time After Your Accident

There are occasionally personal injury victims who think they should wait to file their claim until their injuries have healed, but with statute of limitations in place, it’s important to contact a lawyer immediately after your accident. In California, the statute of limitations for personal injury cases is two years that begins from the date of your accident. If you believe a state, county, or city agency is at-fault for your accident, you have six months to file a claim. When seeking compensation for property damage, like vehicle repairs or replacement, you have three years. There are some occurrences where you are able to extend the time frame to file your lawsuit, but typically these circumstances are complex and limited.

The Negligent Party Will Pay Out of Pocket

Some victims in an accident will choose not to file a claim against the person at-fault because they believe the other party will have to pay out of pocket for their pain and suffering, medical expenses, and property damage. Even if the other party is responsible for the accident, their insurance will be paying the settlement and compensation. Your lawyer will be negotiating a settlement with the insurance company, while you pay out of pocket or through your health insurance for your own medical expenses until the negligent party is obligated to pay a certain amount.

You Are Guaranteed Compensation

Many personal injury claims can be resolved without appearing in court. While it is rare, if your case does go to court, a jury will be required to determine if you deserve compensation for your injuries. Each case is different, and depending on circumstances, your compensation amount will vary. Even if you are able to prove the other party is guilty, the defending legal team can evade liability, so it is important to gather as much evidence as you can for your personal injury attorney to review every detail of your case in order for you to receive the best possible compensation.

It’s Not Worth Hiring a Lawyer for Minor Injuries

Even if your injuries are relatively minor, the costs of hospital visits, diagnostic tests, or ongoing treatment can add up over time. Instead of paying for these expenses out of your own pocket, the other party should be liable for those costs. It is important to never downplay any of your injuries, and if you are a victim of someone else’s negligence or malicious intent, you should not have to pay for medical expenses to treat your injuries. 

Trusted Legal Support from Hann Law Firm

At Hann Law Firm, we take a personal approach from the very start. We address your specific challenges, prepare diligently for the best possible outcome in the courtroom, and create a personalized plan to help guide you through your personal injury lawsuit and receive the compensation you deserve.

We know your case is important to you, and we take it just as personally. You and your case matters to us, and we’re here to provide the best quality legal representation.

Contact us for a free consultation if you or someone you love has suffered from any type of injury, and let us help negotiate a fair and reasonable settlement on your behalf.

How Can A Personal Injury Lawyer Help You?

personal injury lawyer

After suffering a serious personal injury, recovery can feel impossible when you have medical bills, paperwork, and insurance companies looming over you. Handling a personal injury claim on your own can be difficult, and without professional knowledge, you can end up with a lower settlement, longer claims process, or not receive any compensation at all. 

Hiring an experienced personal injury attorney can ensure your claim is handled efficiently, so there is less time waiting for your compensation that could help benefit your recovery. Personal injury lawyers are able to investigate the accident you were involved in, process insurance claims, and represent you in court.

Let’s take a look at how handling your claim with a trusted personal injury attorney can help protect you, and ensure you receive the justice you deserve.

Pursuing the Best Compensation 

When hiring a personal injury lawyer, you have a higher chance of receiving financial compensation. A personal injury lawyer with experience will be able to seek compensation on your behalf, covering medical bills, lost wages, and other expenses associated with your accident. Personal injury claims do not often go to court, and settlements are usually reached through negotiations between you and insurance companies of those who caused you harm. Personal injury lawyers are often familiar with these insurance companies, and are not swayed by any of their tactics, nor feel pressured to settle for a lesser compensation.

Working with an attorney who has your best interest can ensure you receive the best settlement offer possible, rather than settle for a speedy compensation out of anger, pain, frustration, or fear.

Accident Investigation

Revisiting the place where you were injured can be emotionally and physically draining, so having your lawyer accompanied by a specialized investigation team can be extremely helpful when gathering evidence needed to prove your case. While they interact with the parties at fault, insurance companies, or law enforcement on your behalf, you are able to focus on your own recovery. Your lawyer will listen to your own accounts of the incident, but may need more investigation on the people or company that were involved in the damages against you. 

Handling Paperwork and Expediting Your Claim

Hiring a personal injury lawyer can save you time and effort when it comes to handling paperwork, and stay on top of your claim in order to expedite the process as quickly as possible. In many cases, personal injury claims can take months, or even years, due to insurance negotiations, legal paperwork, witnesses, and other countless delays. When recovering from an injury, waiting for a payout can be stressful and financially crippling in the meantime. Having an attorney who can expedite your claim, or help suggest strategies in the event of going to court, will swiftly get you the compensation you need.

Representation in Court

In the event that an insurance company denies the claim, or offers an unfair compensation, you will want to file a personal injury lawsuit and have your case handled in a civil trial. While you may decide to represent yourself, the defending party most likely will have a professional litigator working for them, and not having a professional on your side can lead to a misstep in your case due to unequal expertise. Your lawyer will be an advocate for you, and know the arguments necessary to be persuasive to a judge or jury. 

Prior Professional Experience

A reputable personal injury law firm will likely have represented others in similar cases, and know the appropriate steps to take, facts and information needed from you, common mistakes made, and have knowledge of the state’s legal system. Having experience in this specific area of law can help you assess your claim from the very beginning, and determine if your claim is worth pursuing in court.

While court action is usually the last resort, having someone who understands your specific situation and understands court proceedings can help your chances of winning your case. Any unforeseen legal challenges that arise during the process are resolved by your attorney when they have professional experience from past cases.

Personal Injury Help at Hann Law Firm

At Hann Law Firm, we take a personal approach from the very start. We address your specific challenges, prepare diligently for the best possible outcome in the courtroom, and create a personalized approach to help you through your personal injury claim.

We know your case is important to you, and we take it just as personally. You and your case matters to us, and we’re here to help you see through it every step of the way. You deserve justice when being injured due to someone else’s negligence.

Contact us for a free consultation and get quality, compassionate legal guidance today.

How Much Can I Get for a Spinal Cord Injury in California?

When you suffer a spinal cord injury, it can feel like the world has come to an end. Not only are you dealing with physical and emotional pain, but you may also be wondering how you will support yourself and your family. Fortunately, an attorney can help you navigate this delicate situation, and aid you in getting your life back on track. 

You may wonder how much money you could potentially receive in damages to cover your ongoing care and lost wages. Unfortunately, there is not an easy answer to this question. Each case is unique and depends on the injury’s specific circumstances, such as how you were injured and who is at fault.

If you or a loved one has suffered a spinal cord injury, you’ll want to do some research to find out exactly what you need to do next. We can help by providing an overview of what you can typically expect from a spinal cord injury lawsuit in California. Keep in mind that this information should not be taken as legal advice, and you should speak with an attorney directly to get more accurate information about your particular situation.

How Much Compensation Can I Claim?

The amount of compensation depends on many different variables such as what event caused the injury, the extent of injury, impacts on daily life, expected medical bills, and the expected amount of time to recover— as well as future opportunity costs related to any ongoing disability caused by the accident. With an experienced attorney on your case, it’s possible to have a claim worth over one million dollars, especially if you’ll experience lifelong disabilities.

What Factors Affect Spinal Cord Injury Compensation?

Your case is unique, and all the case facts affect what compensation you receive. Two of the main factors that may affect compensation are liability and the prognosis from your injuries if someone other than you is liable for the accident that caused your spinal cord injury, especially if they acted recklessly and without regard for others.

Your spinal injury is the main factor tied to your compensation. For example, if you should become permanently paralyzed, you would receive more compensation than someone whose injury resulted in bulging disks. Another compensation factor tied to your injuries is lifetime care or disability expenses. While everyone’s wish is for minor injuries and a quick recovery, it is important that you are aware that the severity of your injuries plays a major role in your case and compensation.

The Facts Regarding the Defendant Matter

One significant fact your attorney considers is who is liable for your injury. If another person or company acted in a way that resulted in your spinal injury, you have a higher chance of receiving a large settlement. When looking at the facts of the case, we consider whether the defendant acted intentionally, recklessly, or in any way that causes them to be liable for your sustained injury.

What Does Spinal Cord Injury Compensation Usually Include?

Compensation for a spinal injury usually covers your medical claims at the baseline, but often you will receive compensation for future medical expenses if you are not expected to recover. You may receive compensation for your lost wages, disfigurement, loss of quality of life, and pain and suffering. When you have a lawyer on your side experienced with advocating for those with spinal cord injuries, you can be sure that your future medical needs are considered in any compensation you receive.

Types of Compensation for Spinal Cord Injuries

Your personal injury attorney will guide you through the process of fighting for compensation for your injury. You might face two options during this process, a settlement or trial in civil court. Listen to your attorney’s advice, and they will guide you through the best option for your unique situation. If you opt to go to trial, the jury will consider all of the facts in your case and consider awarding you a settlement. Jury awarded settlements vary widely but still depend on the extent of your injuries and the defendant’s liability.

Reach Out to an Experienced Personal Injury Attorney for Help

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.

Spinal Cord Injuries – What You Need to Know

Did you know that over 17,800 people in the United States are diagnosed with a spinal cord injury every year? The leading cause of spinal cord injuries is automobile accidents followed by falls. Spinal cord injuries can be incredibly frightening and life-altering for you and your loved ones.

If you or someone you love has been diagnosed with a spinal cord injury, it’s important to learn as much as you can about the condition and how to manage it best. It’s common to experience a lengthy hospital stay and spend some time at a rehab center after. You’ll likely worry about mounting medical bills and loss of work.

In this blog post, we’ll outline the basics of spinal cord injuries, including causes and what legal options you may have. We hope that this information will help you feel empowered and informed as you navigate your way through this challenging time.

What is a Spinal Cord Injury?

The spinal cord is a tube-like structure that begins at the base of the brain and continues down almost to the bottom of the spine. It contains the body’s nerve fibers that connect throughout the body, from the head to the feet. An injury to the spinal cord means that there is some type of damage to the bundle of nerves, typically resulting from trauma such as an accident or even an assault.

How Does a Spinal Injury Impact the Body?

Any damage to your spinal cord is a significant injury that can result in permanent changes to all bodily functions below the injury. Common symptoms of a spinal cord injury are changes in strength and sensation, including a complete lack of sensation if the nerves have severed. The nerves carry signals from the brain to different parts of your body, which means that an injury causing damage to them disrupts those signals.

A spinal cord injury could mean that you have full or partial paralysis of one or more limbs, which means that you can no longer move or feel them. It’s possible that following a spinal cord injury, you experience intense pain and a stinging sensation below the area affected. You can also have a loss of bowel, bladder, and sexual function that could be permanent.

How Could a Spinal Injury Impact My Life?

A spinal cord injury can affect all aspects of your life. You might initially find yourself in the hospital and later a rehabilitation center until you regain enough function to return home. Some people cannot return home from the rehabilitation center due to their injuries. How much impact the injury has on your life depends on if it is a complete or incomplete spinal cord injury. 

 

Regardless of the severity of your injuries, you’ll likely have significant continuing medical costs. If you were working at the time of the accident, you’ll experience missed wages and may not be able to return to work. You also may no longer be able to drive or care for yourself. Some individuals require lifetime care in a rehabilitation center or die due to their injuries.

What are the Causes of a Spinal Cord Injury?

Motor vehicle accidents cause almost 40% of all spinal cord injuries in the United States. Other common causes are falls, violence, and sports injuries. If you are in a car accident and receive a spinal cord injury, your insurance will help to cover your medical costs. However, you’ll likely exceed your policy limits quickly unless you have a comprehensive policy. The costs of a lengthy hospital stay and all the therapies after add up quickly. If you’re injured in a fall or by violence, how do you plan to cover your treatment costs? Insurance will likely cover some but not all of your care.

When Should You Consider a California Personal Injury Attorney After an Injury?

You should contact an attorney immediately following a life-changing accident. Hiring a personal injury attorney can help you receive treatment and ensure you’re covered by insurance. Hiring an attorney is especially important if you’re injured due to another’s negligence. Don’t deny yourself the compensation you deserve.

Reach Out to an Experienced Personal Injury Attorney for Help

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 matter to us. 

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

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.