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How Much Should I Ask For Pain And Suffering From A Car Accident?

How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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How Much Should I Ask For Pain And Suffering From A Car Accident?

By  Dan McCrary | February 1, 2024

“Pain and suffering” is a legal term that refers to the pain of physical injuries and emotional trauma an individual has suffered since the accident. If this has happened to you, then you can claim compensation for your loss.

The compensation will be according to the loss you’ve faced. If your injuries are serious, preventing you from going to the office or performing daily activities, and you are also facing emotional trauma, you will be able to get a higher amount of compensation.

Below in this article, we’ll answer the question: How much should I ask for pain and suffering from a car accident? We’ll also explain what types of damages are recoverable and how you calculate the compensation amount.

Who’s Eligible For A Pain And Suffering Claim For A Car Accident? 

Before we go further in explaining the compensation for pain and suffering, it’s best to find out whether you’re eligible for it or not. Pain and suffering mean you’ve suffered emotional and physical pain due to the negligence of someone else. 

For example, if you had an accident that happened because of the mistake of another driver and you got injuries and trauma or fear, you’re eligible for pain and suffering compensation. The more serious your condition is, the more the responsible party has to pay. 

It’s important to note that you need to prove your claim about the emotional and physical loss. You also have to show doctor notes, your medical reports, photographs of injuries, and your treatment records from a psychiatrist or psychologist. 

How Much Should You Demand For Pain And Suffering?

How much you should ask for pain and suffering completely depends on your situation and loss. The best way to calculate your loss is by using the Multiplier method, which allows you to multiply the total loss by a number between 1.5 and 5. 

In this method, you’ve to choose a multiplier number, a scale ranging from 1.5 to 5. The smallest number, which is 1.5, is for minor accidents; at the same time, number 5 is used to show the severity of the accident and the loss. 

To calculate the non-economic damages, multiply the total economic loss by the chosen multiplier. For example, if your economic loss is $10,000 and you choose a multiplier of 3, your estimated pain and suffering damages would be $30,000.

Don’t forget that the multiplier number should justify the severity of pain. You can’t ask for 5x compensation for a minor accident. If you’re unable to perform this task, the best thing to do is to contact a lawyer from our MCCRARY firm

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What Types of Damages Are Recoverable With Pain And Suffering? 

Now comes another important question: what type of damages are recoverable with pain and suffering? Although the pain and suffering claim is for emotional and physical pain, which can’t be calculated, the records of damages you’ve suffered can help in that regard. 

As per law, various types of damages can prove your suffering, and your loss can be recovered. We’ve divided the loss into two types: one is physical damage, and the second is emotional damage, the details of which you can read below. 

1. Physical Pain And Suffering Damage 

Physical damage includes all minor to serious injuries like fractures of bones, broken bones, brain, spinal cord, soft tissue injuries, and so forth. You can also ask for loss of wages or disability caused by an accident. 

2. Emotional Pain And Suffering Damage

Emotional damage includes the pain and trauma you’ve faced mentally. For example, anxiety, depression, post-traumatic disorder, emotional distress, etc. To claim compensation, you should keep records of treatments and how these emotional struggles affect your daily life. 

How Do Insurance Companies Calculate Pain And Suffering Compensation?

The most common method for insurance companies to calculate the pain and suffering compensation is the Multiplier method. With this method, you get 1.5x to 5x the amount of your financial loss, depending upon the severity of your injuries and emotional trauma. 

Another method is the Per Diem method, which isn’t used in all states. The process of calculating the loss with this method is that the insurer will set a specific amount for a day, like $100, and multiply it by the total days you’ve suffered due to the accident. 

If you are admitted to the hospital for three months with this detail, the insurer will multiply $100 to 90 days, and the claim would be $9000. The amount of daily loss would be determined after considering the severity of your accident case. 

Final Words

The total amount you can ask for pain and suffering from a car accident depends on the pain you've suffered after the accident. This not only means physical injuries but also the emotional distress and trauma endured.

The claim amount would be calculated with either the Multiplier method or the Per Diem method. To prove this claim, you must document all your financial losses and the problems you've faced medically.

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    What Are Your Chances of Winning Disability With A Lawyer? 

    How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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    What Are Your Chances of Winning Disability With A Lawyer? 

    By  Dan McCrary | January 23, 2024

    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.

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    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. 

    What Are The Chances of Winning Disability With A Lawyer? Final Thoughts

    The decision to involve a lawyer in your disability claim significantly impacts your chances of success. After all, lawyers are professionals who know the legal issues and the requirements of disability cases.

    Disability claim lawyers will not only guide you but they’ll also present and explain your medical records, making a compelling case for your eligibility for disability benefits. And in case a judge denies your claim, they’ll appeal again with stronger reasons.

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      What Percentage Do Lawyers Take For Personal Injury Claims?

      How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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      What Percentage Do Lawyers Take For Personal Injury Claims?

      By  Dan McCrary | January 19, 2024

      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.

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      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.

      Conclusion

      What percentage do lawyers take for personal injury claims? The simple answer is most lawyers in California charge fees on a contingency basis. It means they'll ask for a specific percentage, usually 33% (it can be more or less) of the compensation amount.

      The best part about the contingency fee basis is If you don't win the case, you don't have to pay the lawyer fee. However, there are other expenses like court case filing fees, witness fees, and investigation costs that you have to bear.

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        What Happens If You Get Injured Outside of Work? [What To Expect?]

        How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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        What Happens If You Get Injured Outside of Work? [What To Expect?]

        By  Dan McCrary | January 16, 2024

        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.

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        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.

        Getting Injured Outside of Work - Final Words

        The simple answer to what happens if you get injured outside of work is that if you're off-duty, it is not the employer's responsibility to provide compensation. However, if you're outside but working, you can seek work-related injury compensation.

        Not to forget, reporting the injury within 30 days of the on-duty accident is crucial, and filing a claim for work injury compensation must be done within one year. Delays in these processes may affect your eligibility for compensation.

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          Typical Attorney Fees For Personal Injury – Is It Worth Hiring?

          How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

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          Typical Attorney Fees For Personal Injury – Is It Worth Hiring?

          By  Dan McCrary | December 12, 2023

          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.

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          What Should I Consider Before Hiring A Personal Injury Lawyer?

          While it’s important to hire an attorney promptly, it’s equally crucial to ensure you’re choosing the right one. Check these four points to determine if the attorney you’re considering is the best fit for your case.

          1. Do A Bit of Research 

          The first important thing to do before hiring a lawyer is research. Search the lawyer’s name on Google or social media to find out what other clients say about the attorney or the law firm for their services. 

          2. Decide The Fee 

          Always discuss the fee for the case in the initial meetings. In general, attorneys charge up to 33.33% of the recovered amount, but the exact percentage can vary. The contingency fee can be high or low, depending on the injury case. 

          3. Case Expenses Cost

          Besides the contingency fee, consider the cost of case expenses. There are two possibilities: either you cover the case expenses, or the attorney/law firm handles them for you and deducts the amount from the settlement. 

          4. Practice Area of Attorney

          Check if the attorney specializes in personal injury cases. Lawyers often focus on specific areas of law like car accident cases, traumatic brain injury etc. You should select an attorney who has dealt with similar cases before and has a good winning record.

          Conclusion

          The typical attorney fee for personal injury is between 20% and 40% of the settlement they help you recover. It's a contingency fee, meaning they only charge if they successfully get money from the insurer.

          If there's no recovery, you don't have to pay the attorney. But remember, there are other expenses you might have to cover, like case filing fees, professional opinions, witness expenses, investigator costs, and more.

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            What Does A Personal Injury Lawyer Do?

            What does a Personal Injury Lawyer Do - McCrary Law Firm

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            What Does A Personal Injury Lawyer Do?

            By  Dan McCrary | June 21, 2023

            What does a Personal Injury Lawyer Do

            What Does A Personal Injury Lawyer Do?

            Unearth the crucial role of personal injury lawyers and how they navigate complex legal processes to secure compensation for injury victims.

            Get the lowdown on what a Personal Injury Lawyer does! From negotiating settlements to court representation, see how they ensure justice for injury victims.

            If you suffer a severe injury, enlisting personal injury lawyer to handle your claim is crucial. But what exactly is the main role of a personal injury lawyer? While many know their expertise in car accident cases, these lawyers extend their assistance beyond vehicular incidents. Personal Injury Lawyers, specialize in various practice areas within personal injury law.

            This blog post ultimately aims to shed light on the main aspects of personal injury lawyers and everything you need to know about personal injury lawyers.

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            Who is a Personal Injury Lawyer?

            Personal injury lawyer is a civil solicitor who presents legal representation to individuals who have been physically or psychologically offended due to the negligence or carelessness of another person, company, or entity. These lawyers specialize in an area of law known as tort law, which includes private or civil wrongs or injuries, including defamation and breach of contract.

            Main purpose of tort law is to make the offended party whole again and to demoralize others from committing the same offense.

            Who Should Consider a Personal Injury Lawyer?

            Injured parties in accidents or other incidents resulting in personal injuries can benefit from hiring a personal injury lawyer. If you've been harmed in a car crash, suffered a slip-and-fall injury, or have been a victim of a personal injury lawyer can assist you.

            Similarly, if you've sustained injuries from defective products, toxic exposure, or workplace accidents, a personal injury lawyer can lead you through the legal maze to help you secure appropriate compensation.

            What are the Responsibilities of Personal Injury Lawyer

            Personal injury lawyers have numerous responsibilities when serving their clients. These duties encompass both professional and moral rules and codes of conduct put forward by state bar associations.

            Case Assessment

            They begin by evaluating the case and identifying the distinct issues within the client's larger problem.

            Legal Advice

            They provide legal advice concerning the claim. This includes informing the client about their rights, explaining legal procedures, and providing a realistic expectation about the claim's possible outcomes.

            Negotiations

            Lawyers negotiate with insurance companies or defendants to reach a fair settlement. They ensure the settlement covers all damages, including medical bills, lost wages, and non-financial damage like distress and suffering.

            Documentation

            Personal injury lawyers prepare and submit necessary legal documents on behalf of their clients. They ensure everything is accurately filed to avoid any possible legal complications.

            What Kind of Accidents Do Personal Injury Lawyers Cover?

            Personal injury lawyers cover a broad range of incidents. Their services aren't limited to just car accidents or slips and falls. Some common types of accidents and incidents they handle:

            Motor Vehicle Accidents

            This includes car accidents, motorcycle accidents, truck accidents, bicycle accidents, and pedestrian accidents. They can handle cases involving drunk driving, reckless driving, and hit-and-run incidents.

            Workplace Accidents

            These involve any injuries that occur on the job. It may include construction accidents, industrial accidents, and incidents of employer negligence.

            Premises Liability Cases

            These are incidents where an injury occurs on someone else's property, such as slip-and-fall accidents, swimming pool accidents, and accidents due to inadequate security.

            Product Liability Cases

            These cases involve injuries caused by defective or dangerous products. Lawyers can help you sue the manufacturers or distributors of such products.

            Wrongful Death Cases

            If someone dies due to someone else's carelessness or intentional action, the decedent's loved ones can file a wrongful death claim.

            Dog Bites or Animal Attacks

            Owners can be held accountable for bruises caused by their pets under certain circumstances. Understanding the range of accidents personal injury lawyers cover, you can ensure you're seeking help in the right place should you or a loved one experience such unfortunate incidents.

            Personal Injury Claim Process

            Personal injury claim process entails several key steps that victims must navigate to seek compensation for their injuries and losses. Understanding this process is crucial for those involved in personal injury cases. Here's an overview of the main stages:

            Initial Consultation

            Personal injury claim process begins with an initial consultation with a personal injury lawyer. During this crucial step, the lawyer will assess the details of the case, including the essence of the injury, the situations surrounding the incident, and the potential liability of the responsible party.

            Filing a Lawsuit

            If a fair settlement cannot be reached through negotiations, the next step in the personal injury claim process is filing a lawsuit. This involves:

            • Preparing the necessary legal documents, known as a complaint.
            • Submitting it to the appropriate court.

            The complaint outlines the details of the incident, alleges the defendant's negligence, and states the compensation sought by the victim. Once the lawsuit is filed, the legal proceedings begin, leading to the discovery phase and, eventually, the trial.

            Negotiations and Settlement

            In many personal injury cases, negotiations occur before or during the trial. The victim's personal injury lawyer discusses the case with the defendant's legal team or insurance company to reach a settlement agreement. This process involves:

            • Presenting the evidence
            • Evaluating the damages
            • Negotiating the compensation amount

            If a decent settlement can be reached, it can save time, costs, and the uncertainties associated with a trial. However, if negotiations fail, the case proceeds to trial, where judge or jury will make a terminal determination.

            Navigating the personal injury claim procedure can be intricate, so having an experienced personal injury lawyer ( just like McCARY LAW FIRM have ) by your side is essential. They will guide you through each stage, protect your rights, and work assiduously to secure the compensation you deserve.

            Clarifying the Role of Personal Injury Lawyers

            Personal injury lawyers are lawful professionals who specialize in providing representation and support to individuals who have suffered harm due to the negligence or misconduct of others. Let's delve deeper into personal injury lawyers' specific responsibilities and tasks to understand their role better.

            Thorough Case Evaluation

            Personal injury lawyers offer an in-depth analysis of your case. They examine every detail, scrutinizing the circumstances of the mishap, the extent of your injuries, and the potential liability of other parties. This critical evaluation sets the foundation for your claim.

            Legal Advice and Guidance

            They provide essential legal advice, helping you understand complex legal procedures and terminologies. Outlining your rights and options guides your decision-making process, ensuring that each step you take serves your best interests.

            Negotiation with Insurance Companies

            Insurance companies often employ tactics to reduce or deny claims. Your personal injury lawyer is your advocate during these tough negotiations, striving to secure the best possible settlement for your injuries and losses.

            Emotional Support and Client Advocacy

            Beyond their legal responsibilities, personal injury lawyers also offer emotional support during this challenging time. They empathize with your situation and champion your cause, providing much-needed security and advocacy.

            Notes and Personal Suggestions

            Finally, based on their experience, personal injury lawyers offer personal suggestions to help strengthen your case. This might include, advising you on how to communicate with insurers, and providing tips to help you deal with the aftermath of your injury.

            Conclusion

            Navigating through the complications of a personal injury claim can be challenging, especially when dealing with an accident's physical and emotional aftermath. Personal injury lawyers provide invaluable guidance during these trying times, ensuring your rights are protected and you receive the compensation you deserve. Understanding their roles and responsibilities is critical to appreciating the significant value they bring to your claim.

            Now if you’re facing the labyrinth of a personal injury claim alone is overwhelming. But, remember - you don't have to. It's time to turn the tables in your favor. Our team of seasoned personal injury lawyers is standing by to help, armed with expertise, dedication, and a track record of success. They are your beacon during these trying times, ensuring your rights are not only protected but respected.

            Why take on this battle alone when we're here to stand by your side, ready to fight for the compensation you rightfully deserve? Give yourself the advantage. Book your FREE, no-obligation consultation today. There's nothing to lose and everything to gain. Don't let this moment pass - because you matter, and your claim is worth fighting for. Click here now - Justice is just one Click Away!

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              Choosing A Personal Injury Attorney In California

              Choosing a Personal Injury Attorney

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              Choosing A Personal Injury Attorney In California

              What To Consider When Choosing A Personal Injury Attorney?

              Dealing the legal aspects following a personal injury can be a daunting task. Selecting the right personal injury attorney is a crucial step in ensuring that your rights are protected and that you receive the compensation you deserve.

              In California, where the legal market is saturated with numerous practitioners, finding an attorney who meets your specific needs can be challenging. This guide aims to help you understand what to look for in a personal injury attorney, ensuring you make an informed decision.

              Choosing A Personal injury Attorney In California - What To Consider??

              Although this process can be difficult for the average person, there are many things to consider when choosing a personal injury attorney.

              A personal injury attorney should be a person who you can always trust. Not only do qualifications and experience make a difference in your decision, it is important to remember that an attorney should always look out for your best interests.

              Not all California injury attorneys practice solely personal injury and they do not all have the same qualifications and experience.

              Experience and Trial Readiness

              Trial experience matters significantly when handling personal injury cases. Choosing a personal injury attorney with jury trial experience is beneficial in two ways.

              First, an experienced trial attorney is likely to recover higher settlement amounts in both mediation and arbitration. Insurance companies know which firms are prepared to take a case to trial and which are not.

              An attorney with great experience will be able to secure a more significant settlement and will not shy away from litigation.

              Why Is Trial Experience Important?

              Having or choosing a personal injury attorney who is comfortable in a courtroom will enable them to stand up against insurance companies. If a case does not settle in arbitration or mediation, the next step is a jury trial.

              It is important to have an attorney with experience in trying a case before a jury. This experience can often be verified on the attorney’s website or through client reviews on platforms like Yelp.

              Research and Due Diligence

              Research is crucial when choosing a personal injury attorney. The more experience your attorney has, the more familiar they will be with the laws and previous cases similar to yours. They will know the right questions to ask, the best information to gather, and how to present your case favorably in court.

              Conducting thorough research upfront allows you to rest easy through the legal process, knowing you have a competent lawyer pushing to maximize the value of your case. Experienced attorneys often handle fewer cases, focusing on maximizing the value of each one. Making an informed decision prevents the costly mistake of hiring the wrong attorney for your significant injury.

              Communication and Availability

              The initial contact with an attorney typically involves an intake process to gather all necessary information about your case. It is essential that your attorney is available to answer any questions you have. There is nothing worse than repeatedly calling an attorney with no response. Although attorneys are often busy, they should be diligent in returning calls and addressing client concerns.

              Importance of Prompt Communication

              Communication is key between the client and the attorney. Insurance companies will continue to contact an injured party until it is clear that representation has been established. Hiring an attorney quickly is important because insurance companies may try to settle without your representation, often leading to a lower settlement. However, this decision should not be rushed; asking questions and understanding what to expect from your attorney is crucial.

              Schedule A Free Consultation

              At McCrary Law, we give every potential case that comes through our doors the attention it deserves. We will be open and honest about what we feel your case is worth and the chances of us obtaining a favorable outcome for you. If we decide to move forward with your case, you will have close contact with your attorney throughout the entire process. Contact us today to speak with a me regarding your accident.

              Click here to setup a free consultation. For more information, contact us directly at 916-579-7477.

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              4 Things To Consider When Hiring A Personal Injury Lawyer

              X Things to Consider When Hiring a Personal Injury Lawyer

              Home  »  EnglishPersonal Injury

              4 Things To Consider When Hiring A Personal Injury Lawyer

              THINGS TO CONSIDER WHEN HIRING A PERSONAL INJURY LAWYER

              Have you or your loved one been injured due to negligence or willful action of another? If so, you can file a personal injury lawsuit to get compensation for your injuries.

              An experienced personal injury attorney will help you get the compensation that you deserve. Here are some of the things you should look for when hiring a Sacramento personal injury lawyers .

              If you have a personal injury case, you may be able to file a personal injury claim against the responsible party to pursue compensation for all of your unnecessary pain and suffering.

              4 Things to Consider When Hiring a Personal Injury Lawyer - Overview

              Hiring a personal injury lawyer is a crucial step in ensuring you receive the compensation you deserve for your injuries.

              There are several key factors to consider to make sure you select the right attorney for your case. These include the lawyer's experience, area of expertise, the specific attorney who will handle your case, and the legal fees involved.

              Taking the time to evaluate these aspects will help you find a qualified attorney who can effectively represent your interests and maximize your chances of a successful outcome.

              1. Experience

              Trial experience does matter when handling personal injury cases. Having a personal injury lawyer with jury trail experience is beneficial in two ways. First, it is without doubt that an The foremost thing you need to consider when hiring a Sacramento personal injury lawyer is experience. You must select an attorney who has years of experience working in the field.

              Keep in mind that the fees of an attorney with little or no experience may be lower. But it might cost you more as compared to hiring the services of an experienced personal injury attorney. In fact, you may end up wasting money if you hire an attorney with zero experience.

              You must schedule a one-to-one interview with the attorney to know about the experience. You can ask a series of questions regarding the past work to know if the lawyer is knowledgeable and experienced. The chances of a successful case outcome will increase when you hire an experienced attorney.

              2. Area of Expertise

              Personal injury cases can arise due to different factors. The lawyer you hire must have experience in your personal injury case.

              3. Lawyer Assigned to Your Case

              Remember that the lawyer providing the initial consultation may not be the person who will look over your case.

              The case may go to another lawyer or even another law firm. Some lawyers are marketing representatives rather than practicing lawyers.

              You need to specifically ask who will look after your case. You must ask during the initial consultation about the lawyer who will handle your injury case. You can then read online reviews on Avvo about the lawyer who will handle your case.

              4. Legal Fees

              The first time you contact an attorney, they will generally do an intake which allows them to You need to be upfront about the total fees charged for the legal services. Some lawyers charge a fixed fee while others charge contingency fees that depend on the outcome of the case. The contingency fee of a personal injury case is typically between 30 to 40 percent of the total amount awarded by the court.

              Some lawyers charge pre-trial costs – court reports, expert witnesses, legal pleadings, etc. – in advance. Others won’t charge you anything and reimburse the costs from the recovered amount. You must ask the personal injury lawyer about the details of the fees before signing anything.

              Conclusion

              Choosing the right personal injury lawyer can significantly impact the outcome of your case. Prioritize experience and expertise in the relevant area of law, ensure you know who will handle your case, and understand the fee structure before making your decision. This due diligence will help you find a lawyer who is well-equipped to advocate for your rights and secure the compensation you deserve.

              Hiring a personal injury lawyer will increase the chances of a successful claim. McCrary Accident Injury Law Firm is a reputable Personal Injury Law Firm in Rocklin, CA. We offer expert counsel regarding personal injury cases to the residents. Send us an email or call us today at (916) 579-7477 to schedule your free consultation.

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              When Can You File A Product Liability Lawsuit?

              When Can You File a Product Liability Lawsuit?

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              When Can You File A Product Liability Lawsuit

              Businesses in the US are required to inform the Consumer Product Safety Commission (CPSC) about potentially hazardous or defective products that they manufacture, import, distribute and sell to the public.

              But manufacturers often don’t recall defective products, or fail to warn the public about the dangers associated with the products. They knowingly sell defective products, putting profits above the lives of individuals. As a result, consumers get injured or killed for which the manufacture will be held liable.

              If you or your loved one has been injured or killed due to a dangerous or defective product, you should file a product liability lawsuit to claim compensation.

              When Can You File A Product Liability Lawsuit - Overview

              Accidents involving defective products can happen unexpectedly, leading to serious injuries or even fatalities. Understanding when you can file a product liability lawsuit is crucial for protecting your rights and seeking justice.

              Generally, you can file a lawsuit if you or a loved one has been harmed by a product that is defectively designed, improperly manufactured, or lacks adequate warnings. The key is to establish that the product was inherently dangerous when used as intended, and that this defect directly caused your injury.

              It's essential to act promptly, as each state has a statute of limitations that dictates the time frame within which you must file your claim. Missing this deadline can result in losing your right to compensation.

              Product Liability Statute of Limitations

              Individuals who get hurt due to a defective or dangerous product can file a lawsuit under different categories. They can file a case under the following categories:

              • Defective design
              • Defective manufacturing
              • Failure to warn

              The manufacturer, distributor, or retailer will be liable for personal injuries sustained due to any of the above reasons.

              But you must file a product liability lawsuit soon after sustaining injuries due to a defective product.

              Every state has set a time limit known as the statute of limitations for filing product liability cases. You must file a lawsuit for defective products within the specified time frame. Not filing the lawsuit within the specified time frame will prevent you from getting compensation from the guilty party.

              The period specified in the statute of limitation for product liability cases ranges between 1 and 4 years in the US. In California, the product liability statute of limitations is 2 years. You must file the case within the time frame otherwise you lose the right to make the guilty party responsible for the injuries due to a defective product.

              Where Can You File A Product Liability Case?

              You must file a product liability case in the state where the manufacturer, distributor, or retailer is located. The statute of limitation will depend on the state where you file the lawsuit.

              Remember that the statute of limitation starts when the injury occurs due to a defective product. However, sometimes injuries such as brain injuries are not apparent immediately.

              In some cases, it takes years for a defendant to know about the injury. In such a case the clock starts when the individual discovers or a reasonable person should have discovered the injury due to a defective product.

              Conclusion

              Manufacturers have a legal obligation to the public. They should not sell products that pose a significant danger to the safety and health of the individuals under normal usage. Individuals who have been injured due to a defective product must contact a personal injury lawyer in Folsom, CA to file a product liability lawsuit against the manufacturer.

              The clock is ticking and you need to act fast to claim compensation from the manufacturer for injuries due to a defective product.

              The personal injury attorneys at McCrary Accident Injury Law Firm have detailed knowledge and experience in the field of product liability. We offer expert legal counsel and help to residents in Rocklin, CA. Contact us today at (916) 579-7477 for a free initial consultation regarding a product liability lawsuit.

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              How Long Does A Personal Injury Lawsuit Take?

              How Long Does a Personal Injury Lawsuit Take?

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              How long does a personal injury lawsuit take

              According to the National Center for Health Statistics, nearly 25 million people seek emergency medical attention for accidental injuries each year. If your injuries were caused by the careless or reckless conduct of another party, you can file a personal injury claim to recover financial compensation for your damages, including medical bills, lost wages, and pain and suffering.

              You may be wondering: How long does a personal injury lawsuit take in California? The answer depends on many different factors—and it is important to emphasize that many personal injury cases are settled before any trial. In this article, our Rocklin personal injury attorney provides a comprehensive overview of the average timeline for a California personal injury case.

              How Long Does A Personal Injury Lawsuit Take? Overview

              After an accident, it is normal to have a lot of questions running through your head. Most people want to know how long they should expect their case to take. Unfortunately, there is no one answer to this question—the timeline can vary dramatically based on the severity of your injuries and the complexity of your case. In the fastest cases, a personal injury case may settle within a few weeks. On the other of the spectrum, personal injury litigation can take years. Here is a brief overview of the timeline in an accident and injury case in California:

              • Medical Treatment: You should get immediate medical attention after an accident. Your health and well-being always come first. Make sure you get the ongoing and follow-up care needed to make a maximum medical recovery. You will not be eligible to bring a personal injury lawsuit without medical records.
              • Investigation of the Accident: All serious accidents require a comprehensive investigation. The investigation should start promptly and continue until all evidence is discovered. Whether you were hurt in a traffic collision or a slip and fall, we need to know exactly what happened and why. Personal injury cases are based on fault. You need to prove the defendant’s liability to recover compensation.
              • Notification & Demand: To bring a successful personal injury claim, a plaintiff must notify all applicable defendants and their insurance carriers. In most cases, your attorney will send a demand letter within a few weeks of being hired. A demand letter is official legal notice that you have a claim and you are preparing to pursue compensation.
              • Settlement Negotiations: Not all personal injury claims require a lawsuit. Even if a lawsuit is required, the case may still be settled outside of court. How long settlement negotiations take depend on the severity of your injuries, the value of the case, and strategy of the defendant’s or insurer’s cases. Though, on average, settlement occurs within months of an accident.
              • Personal Injury Litigation: Sadly, not all defendants or insurers are willing to settle a claim for full and fair value. You always have the right to file a lawsuit and take your case into a California court. With some exceptions, it usually takes one or two years for a trial verdict in personal injury litigation.

              As every personal injury case has its own contours, it is crucial that you receive the personalized representation that you need to get a successful outcome. When your claim is handled the right way, you will be able to navigate the claims process more efficiently and more effectively, Of course, personal injury claims should not be rushed. With a strong, well-presented case, you will be in the best position to maximize your compensation.

              You Must File A Lawsuit Before The Deadline

              You must file a lawsuit before the statute of limitations expires. Under California law (California Code of Civil Procedure § 335.1), most personal injury cases are subject to a two-year statute of limitations. If you fail to take legal action within two years of the date of the accident, you could lose out on your opportunity to get the full and fair financial support you rightfully deserve.

              Most Accident and Injury Claims Are Settled Outside of A Lawsuit

              It is important to emphasize that only a small percentage of personal injury claims are resolved at trial. While comprehensive data is difficult to come by, the Bureau of Justice Statistics (BJS) estimates that fewer than five percent of personal injury cases go to trial.



              That being said, defendants and insurance companies will not offer a full and complete settlement unless you can present a strong, well-supported case. Further, in some circumstances, personal injury claims are not settled until after a lawsuit is filed.

              If you or your loved one was hurt in an accident in Northern California, it is essential that you hire a top personal injury attorney. Your lawyer will put together a case, represent you in settlement negotiations, and take the action needed to protect your rights and interests.

              You Deserve Full Compensation In Your Personal Injury Case

              • Emergency room treatment;
              • Medical bills and other costs;
              • Rehabilitative care;
              • Mental health counseling;
              • Loss of current and future income;
              • Pain and suffering;
              • Mental distress;
              • Scarring or disfigurement;
              • Permanent physical impairment; and
              • Wrongful death of a loved one.

              How California Personal Injury Attorney Dan McCrary Can Help

              Personal injury cases are complicated. Even relatively small mistakes can result in the delay or denial of your claim. Skilled in personal injury litigation, Dan McCrary, Esq knows how to get results for clients. With more than 14 years of experience representing insurers in personal injury claims, he knows exactly how these companies operate. When you reach out to our Rocklin law office, you will have a chance to consult directly with a personal injury lawyer who will:


              • Conduct a free, comprehensive review of your case;
              • Explain your rights and answer questions about the next steps;
              • Investigate your accident—gathering evidence of liability and damages;
              • Represent you in settlement negotiations with defendants and insurers; and
              • Take your personal injury claims as far as needed to maximize your financial support.

              We know how frustrating the personal injury process can be. You need money to pay your bills now—our legal team is ready to take action to ensure that your case is resolved in a timely manner and you are able to get the full financial compensation you rightfully deserve. With the McCrary Accident Injury Law Firm, you never need to worry about the cost of hiring a five-star personal injury attorney. We represent injured victims on conteincy, so no upfront fees or out-of-pocket expenses.

              Call Our Placer County, CA Personal Injury Lawyer for Immediate Help

              At McCrary Accident Injury Law Firm, our California personal injury attorney is a skilled and results-oriented advocate for victims and their families. You are not alone—our team is here to help you navigate your claim. If you have questions about the length or timing of the personal injury process, we are more than happy to help. Contact us at 855-PLANDAN to set up a free, no obligation review and evaluation of your personal injury case. From our office in Rocklin, we represent injured victims throughout Placer County, including Auburn, Roseville, Loomis, Lincoln, and Colfax.