2. Client-Centered Approach

If your lawyer’s approach is client-centric, congratulations as you’ve found the best lawyer for the case. You can easily find out about the client centric approach during the consultation period of the case. 

Ask questions like how the lawyer will handle your case, update you, and the services they offer. The answer to these questions will tell how good a lawyer is, whether they’ll be able to provide exceptional service or not. 

3. Strong Communication Skills

Effective communication is a non-negotiable attribute for a good lawyer. Many lawyers lack the ability to listen attentively or provide clear solutions during consultations, which is a clear red flag most individuals avoid. 

If you’ve noticed the red flag of lack of communication it’s best to not hire the lawyer. Hiring someone who struggles to communicate effectively can easily jeopardize the success of your personal injury case.

4. Availability of The Lawyer & Team 

The fourth indication of a skilled lawyer be it a personal injury or any other area is the availability. Remember you’re not only the victim of the case but also a client to the lawyer. Therefore, it’s the lawyer’s responsibility to be accessible and responsive to your concerns. 

If your lawyer isn’t available, there should be someone else from their team whom you can turn to for assistance. In our Law Firm at MCCRARY we offer 24/7 free case evaluation for our clients, and a free consultation for the first time. 

5. Compassion For Your Case & Fee 

Another important sign you should look at the lawyer is how much compassion the lawyer has for your loss or it’s only about the case. A lawyer who’s spending time understanding your loss, and offering the solution is likely to provide a better service.

Also, don’t forget to consider the fee structure. Opting for lawyers who handle cases on a contingency fee basis can be advantageous. This arrangement not only shows lawyer confidence in the case’s success but also relieves you from the burden of hefty upfront fees.

2. Assist Determining Settlement Amount 

Personal injury lawyers also help determine how much compensation you should seek in a settlement. They carefully examine all the details of your case, such as medical records, car repair bills, and hospital records.

After reviewing every aspect of your case, lawyers provide advice on the appropriate amount to request as compensation. Lawyers ensure that the claim is neither excessive nor insufficient but accurately reflects what you’ve lost.

3. Negotiate On Your Behalf

In almost every personal injury case, the other party’s lawyer or the insurance agent proposes settlement offers, which isn’t a problem if the offer is fair. The issue with these initial offers is they tend to be the bare minimum.

Insurers or lawyers may attempt to shift blame to you or claim the settlement amount is unreasonable. This is where having a lawyer can help as they’ll negotiate on your behalf based on evidence and secure a fair settlement.

4. Help Gathering Evidence 

One of the biggest challenges for accident victims who want to represent themselves in court without hiring a lawyer is gathering evidence. Not everyone knows which evidence can be helpful in the case and how to collect it effectively.

However, with a lawyer by your side, this hurdle becomes much easier to overcome. Lawyers have the expertise to identify the types of evidence important to your case, whether it involves obtaining CCTV footage, capturing post-accident photos, or securing witness statements.

5. Present Your Case Professionally

After guiding you through the legal process, determining the settlement amount, and gathering evidence, personal injury lawyers also present your case in court. This is a crucial aspect of their role, as it influences your chances of winning the case.

It’s an important process because the opposing party will also have legal representation advocating on their behalf. If you don’t have a lawyer, your claim may be vulnerable to counterarguments, which will potentially weaken your case.

6. Peace of Mind For Accident Victims

The last and most important reason to hire a lawyer for a personal injury case is for peace of mind. Having a lawyer by your side means you won’t have to worry about the legal process anymore. Your lawyer will always be there to provide guidance and support.

Many lawyers in Northern California operate on a contingency basis, adding to your peace of mind. This means you don’t have to concern yourself about paying upfront fees. Instead, your lawyer will receive a percentage of the settlement amount (only if they win your case).

3. Evidence To Prove Negligence 

In a personal injury claim, the victim demands compensation from the party who is responsible for the accident. However, you can’t just simply allege someone guilty of the accident without strong evidence. 

The evidence of proving negligence depends upon the case. For example, in the case of a machine malfunction, a report regarding the machine’s condition is needed. If the accident resulted from a driver’s negligence, witness statements or CCTV footage are important.

4. Victim Statement 

Along with the evidence mentioned above, you should also attach the victim’s statement (your statement). The statement will detail your perspective about what happened before or during the time of the accident. 

It’s a crucial part, so ensure to include all details while recording the statement. For a comprehensive statement, legal experts suggest taking notes of the memories of the accident. This is because it’s common for victims to forget the details after some time.

5. Police Reports 

The first government official who comes to the injured person is typically the police. They arrive at the accident scene to document the incident, capture photos, and videos, and obtain victim statements. 

After acquiring all of these details, police create a detailed report. This report can be helpful to prove your claim as it includes every little detail. You can take the report copy by visiting the police department and paying between $15 to $20 fee (depending upon the type of report).

6. Evidence of Financial Loss 

The sixth important piece of evidence that could be helpful for the personal injury claim is the proof of financial loss. If you were hospitalized or recovering at home due to your injury, you can use the records to show your loss of wages and ask for fair compensation. 

You can bank statements reflecting decreased income. Records of missed work days resulting in lost wages, or any documentation like hospital bills that show the financial impact of your injury can also be used as evidence. 

Limitation Period For Personal Injury Claims In California

It’s crucial to note that every state sets a deadline for filing personal injury claims. This deadline is known as the limitation period, which can be one year or more depending upon the state you live in. After this time, it becomes challenging to gather evidence to support the claim.

In California, the limitation period is specifically three years from the date of the accident. If your injury occurred more than three years ago, you may not be eligible to seek compensation from the at-fault party, and the claim won’t be valid.

2. Report Injury To The Supervisor 

The second step is to report the injury to the supervisor or the employer. They may request that you submit a written report detailing the specifics of the accident. Once notified, they will take appropriate action against the responsible party for the incident.

Supervisors are also obligated to provide you with the necessary forms for State Compensation Insurance Fund (SCIF e3301) and Workers’ Compensation Claim Form & Notice of Potential Eligibility form (DWC 1 /e3301). 

It’s important to note that the State Compensation Insurance Fund form must be provided by the employer within one working day following the injury. The statute of limitations for the Worker Compensation claim is 1 year from the date of the accident.

3. Document The Accident 

Remember to thoroughly document the accident scene as it’s one of the most important steps and also the one accident victims neglect in the aftermath of an injury. Only avoid this step if you are physically unable to do so due to the severe pain of injury. 

Take photographs of the accident scene from various angles. Record every detail, including the time of the incident and how and when it occurred, in a notepad so you can share every detail with your lawyer in case of a court case.

4. Gather All The Evidence

Gather as much evidence as you can to prove your compensation claim. Medical reports, hospital bills, and doctor’s notes are valuable pieces of evidence that show the severity of your injury and the financial impact it has had on you. 

If possible, try to identify individuals who witnessed the accident. These witnesses can provide testimony in a court case, which can significantly strengthen your case and enhance the credibility of your claims.

5. Go For Legal Claim

After submitting your worker compensation and state compensation insurance fund claims, there are two potential outcomes. The insurer may either deny your claim or accept it and inform your employer, who will then provide further instructions to you. 

If your claim is denied, you can request reconsideration or proceed to file a case in court. For legal proceedings, you can reach out to our law firm, MCCRARY, to schedule a free consultation with one of our experienced lawyers.

Chances of Getting Approved For Disability With A Lawyer

Besides meeting the requirements, another point that increases the chances of getting approved for disability benefits is a lawyer. As per the audit institution GOA (Government, Accountability Office) of the United States: 

“The variable for attorney representation indicates that, on average, the odds of allowance for claimants with attorney representation are 3.3 times higher than those for claimants with no representation.” (Report: SSA DISABILITY DECISION MAKING)

This report clearly shows that having a lawyer can help you present your claim more effectively compared to going without representation. If you need legal assistance for your disability claim, you can contact our law firm MCCRARY for a free consultation. 

5 Main Responsibilities of Disability Claim Lawyer

It’s evident that having a lawyer on your side while filing a disability claim is beneficial but how? That’s what we’ll discuss below by explaining the duties your lawyer will perform to ensure you get approved for the disability benefits. 

1. Guiding You For The Process 

The main responsibility of a disability lawyer is to prepare their client for the process. They guide you about the legal issues, requirements, the overall application process, and what you can do in case the organization denies your claim. 

2. Collecting Medical Evidences 

The next responsibility is to make sure the disabled person meets the requirements of the disability program. They’ll also guide you about what medical evidence you need and from where you can get them for disability benefits. 

3. Submitting Application 

Once medical evidence and other documents like tax returns, or W-2 forms are prepared your lawyer will submit the application of claim. You can also perform this task by submitting an online application for SSDI and SSI. 

4. Representation In Court

If your application is approved, the court proceedings will begin. During these hearings, the judge will review your evidence. Your lawyer will represent you, presenting and explaining your medical records and making the case for why you are eligible for disability benefits.

5. Repealing In Case of Denied Claim 

While it’s uncommon to be denied disability benefits when you meet requirements, have lawyers and proper medical records. However, if it does happen, your lawyers will appeal again with strong evidence and reasons. 

List of Expenses In Personal Injury Cases

The lawyer’s fee isn’t the only expense in the personal injury case; it is the primary one. If you manage the fee with a contingency-based agreement, managing other expenses would be much easier. However, it’s still important to be aware of additional costs.

• Court Fee: The first expense after the lawyer fee is the court fee. It varies from state to state, so it’s best to check the fee for personal injury cases in your state. 
• Witness fee: The next is the witness fee. This fee holds significance according to the California Code, Government Code – GOV § 68093, which sets the fee at thirty-five dollars ($35) a day and ($0.20) a mile for travel costs.
• Investigation cost: You may also have to hire a private investigator. For instance, in cases of accident injuries, the investigator might gather evidence such as CCTV footage and pictures to support your claim.
• Documentation cost: This includes expenses related to the preparation and submission of necessary documents for your case, like medical reports, bills, loss of wages, and so forth.
• Additional expenses: Apart from the cost mentioned above, you also have to be prepared for additional expenses that may occur, like postage fees, traveling costs, etc. 

What Is The Success Rate For No-Win No Fee?

The success rate for no-win fee cases depends on how strong your personal injury case is and whether you’ve evidence or not. If your case isn’t strong and you don’t have evidence to show your injury and financial loss, you might lose the case. 

That’s why it’s important to gather strong evidence for your case that supports your injury claims. You can either conduct your own investigation or, for the best results, hire a professional investigator. 

Professional investigators have the expertise to gather compelling evidence and witnesses to navigate the case. This step won’t only enhance your chances of success but also ensure that your case is presented with the utmost credibility.

What Happens If Employees Are Injured Off The Job?

If an employee is injured off the job, the employer isn’t responsible for providing work-related injury compensation. In this scenario, the worker’s medical bills and losses incurred during the accident will be covered by their health insurer. 

The employee has to contact the health insurer for compensation. If the injury happened because someone else was careless, you could consider filing a personal injury claim or hit-and-run accident claim. 

What Happens If You Can’t Return To Work After An Injury In California?

If your injury occurred at work or during an official task, like attending an event or a meeting, you’ll receive compensation and benefits such as paid leave. In such cases, your employer can’t fire you because the injury happened while you were working.

However, if the injury occurred outside of work and you can’t return to your job for a long period, your employer can terminate your job contract. But if it’s not a long period, you can ask for medical leave or alternative duties that you can perform even if you’re injured. 

It’s also important to note that Labor Code section 230(c) prohibits employers from taking action against an employee who is a victim of domestic violence, sexual assault, stalking, or a crime causing physical or mental injury. 

In such situations, employees have the right to take time off from work without fear of losing their jobs. If an employer unlawfully terminates the job contract under these circumstances, the employee can pursue legal action in court.