Proving personal injury claims is one of the most difficult tasks, which is impossible unless you have sufficient proof. The proof must be valid as per laws; otherwise, the lawyer of the opposing party can easily weaken your case. 

The main issue is only legal experts know what proof can be served as solid evidence in the court. And if someone decides to navigate the claim without a lawyer’s help, they get confused and often misled due to having little knowledge. 

However, this issue can be solved with this guide as we’ll explain what evidence is needed for a personal injury claim. We’ll also discuss the limitation period for the claim so you can file the case at the right time and get fair compensation.

What Evidence Do You Need To Prove A Personal Injury Claim?

There are different types of evidence you need to prove a personal injury claim. For example, medical reports of injury, hospital bills, and evidence to prove that the accident happened due to the negligence of someone. You can read more about the evidence below:

1. Injury Evidence 

The most important evidence is the medical reports of the injury. These reports provide insights into the severity, level of discomfort, and repercussions of the injury inflicted upon your life. 

Also, make sure to include reports about disabilities caused by the injury (if any). The disability could be temporary or permanent. What matters is whether you have evidence to show it happened due to the accident or not.

2. Eye Witnesses Statements

An eyewitness statement is also important for personal injury claims. The eyewitnesses provide firsthand accounts of what occurred during the accident, supporting your evidence and perspective, which makes your case stronger. 

However, it’s also important to communicate with witnesses about potential court proceedings. Only involve them in the case if they are willing to testify in court when necessary. For this process, you may also need to cover their travel expenses.

If you’re working in the construction industry, it’s important to know what to do immediately after a construction accident injury. After all, it’s one of those professions that has a high rate of workplace accidents. 

As per the US Bureau of Labor Statistics, the construction industry accounted for 46.2 percent of all fatal falls, slips, and trips in 2021. It’s crucial to have a clear and effective immediate action plan in place to address any accidents promptly and minimize further harm. 

To help you out, we’ll outline five key moves that should be taken immediately following a construction site accident to ensure safety and financial support. Besides that, we’ll also discuss what are your legal rights after a construction accident?

What Are My Legal Rights After A Construction Accident?

If you’ve been involved in a construction site accident while on the job, it’s crucial to understand your legal rights, especially regarding workers’ compensation. Workers’ compensation provides financial assistance in the event of a work-related injury. 

The compensation workers receive will be based on the severity of injury. Your supervisor or employer will provide you with necessary forms and guidance on the process of eligibility for filing a claim. 

Once you fill out forms and provide proof of the accident, the process of filing the claim will begin. The insurance company will then review your claim and may either accept or deny it based on the circumstances of the accident. 

If you believe your claim has been wrongfully denied, you have the option to file a case in court. The court will consider both sides of the argument before making a decision regarding the validity of your workers’ compensation claim.

What To Do Immediately After A Construction Accident Injury? Steps To Follow

Below are the five important steps a construction worker should take after an injury. These actions not only save lives but also ensure the injured worker gets proper care and worker compensation easily.

1. Get Medical Help 

The first and most crucial step is to ensure safety above everything else. Take a moment to assess the nature of the injury – whether it’s minor or serious. If it’s determined to be serious, do not hesitate to call for immediate medical assistance by calling an ambulance. 

Remember, the longer the delay, the greater the risk of worsening the injury. Even in the case of minor injuries, it’s essential to seek medical attention. Some injuries, especially internal ones, may not show symptoms right away. 

As per California law RESPONSIBILITY OF EMPLOYER – 2581.2, the employer shall:

• Arrange medical treatment on an immediate basis.
• Take the construction worker to the medical facility if the situation is serious.
• Arrange transportation to the hospital.

The Department of Social Security Administration has introduced two programs SSDI and SSI for disabled people. Any citizens who meet the criteria for disability can receive financial assistance. 

However, as stated it’s only for individuals who meet the criteria and follow the proper process which isn’t easy without lawyers. If you have a lawyer on your side, they’ll guide you about the rules and how you can get the aid. 

To help you out and make your decision easy, we’ll discuss what are your chances of winning disability with a lawyer. This will help you determine whether it’s worth hiring a lawyer or you can file a disability claim yourself. 

What Are Disability Benefits?

Disability benefits as the name suggests are the benefits for individuals who are disabled physically or mentally and can’t work. In this situation, the government or its organizations step in and introduce programs that financially support the disabled individuals. 

There are two main programs, Social Security Disability Insurance (SSDI) and  Supplemental Security Income (SSI). Both are to support disabled individuals but SSDI requires good work credits while SSI can be achieved with limited work history. 

You can apply for both SSDI and SSI, but it’s crucial to understand their specific requirements. If you don’t meet the requirements, you won’t be eligible for the benefits or any financial assistance.

If you’ve been physically or emotionally harmed, or your reputation has been damaged, the best way to deal with it legally is by personal injury claims. Though these claims may not change what has happened, you can get fair compensation for your loss. 

The main reason why individuals don’t choose this way is the lack of knowledge about the process and cost. It’s considered that lawyers take a lot of money for taking personal injury cases to defend you in court. 

In reality, lawyers typically work on a contingency fee basis. This means they only get a specific percentage from the compensation you receive after winning the case. To give you a clear idea, we’ll break down the info about the percentage lawyers usually take for personal injury claims.

What Is The Compensation For Personal Injury?

In most cases, lawyers take fees or compensation for personal injury cases on a contingency basis. The simple definition of contingency fee is a specific percentage of the compensation which a lawyer receives only if they won the case. 

No win means no fee. This is why it’s not difficult to claim compensation for personal injury in terms of finance. However, you’ve got to follow the case, provide evidence, and witnesses, which takes time and energy. 

Example of A Contingency-Based Fee

Suppose you receive the compensation amount of $50,000 in a personal injury case, and you and the lawyer decide on a 33% contingency fee. The lawyer would receive 33% of the $50,000, which amounts to $16,500. The remaining $33,500 would be your net compensation. 

What Is The Highest Percentage A Lawyer Can Charge In Personal Injury Cases?

The percentage lawyers charge in personal injury cases varies from case to case and client to client, but in general, it’s 33% of the compensation amount. It’s important to note that 33% is an average percentage; it can be high, like 40%, or low, depending on the lawyer. 

If you feel that your lawyer is requesting a high fee or percentage of the compensation amount, it’s advisable to seek the opinion of other lawyers. You can contact MCC Law Firm; our experienced lawyers specialize in handling personal injury cases.

One question that concerns many employees is what happens if you get injured outside of work. Will you receive compensation, salary, and medical leave without losing your job, or these perks aren’t eligible for outside-of-work injuries? 

The reality is if you get injured outside of work, you won’t be eligible for compensation. But it’s important to clarify that “outside of work” doesn’t mean outside of the office. It refers to times when you’re not officially working or off the job.

In many situations, workers get compensation when they’re outside working for the company. To help you out, we’ll explain what worker injury compensation is in California and in what situations you can get compensation for injuries even if you’re outside of work. 

What’s Worker Injury Compensation In California?

As the name suggests, worker injury compensation is compensation for employees injured while working. It doesn’t matter whether you’re in the office or outside the office, like on a client site location or attending an official event. 

What matters most is you’re not off the job. If an employee is off the job and at home or outside with friends and the injury happens, their health insurer will cover the cost of medical bills, not the employer. 

For instance, if you’re a truck driver and have an accident while on the job, you can get work injury compensation. The same applies if you’re working for a company-sponsored event and get injured. As the law 1904.5 (a) says: 

“You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.”

When Is An Employee Not Eligible For Work-Related Injury Compensation?

Here’s the list of injuries and illnesses that are not eligible for work-related injury compensation. If your injuries or illnesses come in any of the categories below, you might not be able to get compensation. 

• Use of Drugs During Work: If an employee is under the influence of drugs during work and gets injured, the employer is not obligated to provide compensation.
• Engaging in Unlawful Activities: Injuries resulting from involvement in illegal activities while working are also not eligible for work-related injuries compensation.
• Harming Other Employees: An employee injured while attempting to harm others in the office cannot seek work-related injury compensation.
• Neglecting Safety Rules: In many jobs, employees must adhere to strict safety guidelines. If an employee neglects these guidelines and is injured on location, the employer isn’t bound to provide compensation.
• Self-Harm: Employees attempting self-harm in the office or workplace will not receive work-related injuries compensation.
• Off-the-Work Injuries: Any injury occurring off the job is not covered by worker insurance, emphasizing the limitation of coverage to work-related incidents.

It’s a common misconception that hiring a personal injury lawyer is super expensive. Reality is the exact opposite of what we think. Yes, personal injury lawyers are expensive, but you don’t really have to pay a big fee to start the case. 

The typical fees for personal injury are usually charged on a percentage basis. Once the case is won, the lawyer takes a cut based on the agreed-upon percentage, leaving you with the remaining settlement amount.

For your help, we’ll cover what percentages lawyers charge and whether it’s worth it to hire an attorney. You’ll also get the answer of what you should consider before hiring a personal injury lawyer. So, let’s get into the details. 

What Percentage Do Most Personal Injury Attorneys Take?

As stated, personal injury lawyers usually charge on a percentage basis, also known as a contingency fee. This means instead of a fixed fee or upfront amount, the lawyer will ask you to agree upon a specific percentage of the settlement amount. 

In most cases, the percentage of contingency fees varies between 25% and 40%, but it can be higher or lower depending on the severity of the case. The lawyer will charge a fee after you win the case and get the settlement amount. 

Here’s a simple example of a contingency fee: 

• Suppose you and your lawyer agree upon a 20% contingency fee. 
• You get the settlement of $20,000. 
• $20,000 x 0.30 = $6,000 will be the lawyer fee. 

In short, you don’t need a big budget to hire a personal injury lawyer in California law firms, including ours (MCCRARY Law Firm). However, you must bear expenses like case filing fees, investigators or witnesses expenses or any additional costs. 

Is It Worth Hiring A Personal Injury Attorney?

Yes, it’s worth hiring a personal injury attorney. The reason behind backing up the statement is that it’s almost impossible to make the insurer company agree on a fair settlement amount that includes all your medical bills and lost income. 

Without an attorney, the insurance company might try to settle with you for a smaller amount. They might even try to shift all the blame onto you, making it seem like the accident was your fault. 

These victim-blaming tactics sometimes lead the injured person to accept a lower settlement, thinking that going to court and paying for an attorney is too expensive. That’s why you must hire a professional attorney to handle your personal injury settlement case. 

Your attorney will ensure you’re not exploited and receive the rightful compensation. Remember to complete the hiring process as soon as possible because the older your injuries get, the more challenging it will become to secure a fair settlement.