Personal Injury FAQ
Q: What kinds of claims do San Diego personal injury attorneys handle?
A: Personal injury attorneys in San Diego handle a variety of cases revolving around bodily injury that have occurred in and around the San Diego area. The most common claims handled by personal injury attorneys are for automobile collisions and slips and falls. Other claims include, but are not limited to, medical malpractice and wrongful death cases.
Q: Who does a personal injury attorney work for?
A: A personal injury lawyer usually represents the person who was hurt but not at fault for their injury. There are a few exceptions like split-liability, but generally they do not handle the claims of those responsible for the injury.
Q: What can a personal injury attorney do for a client?
A: The lawyer will assist his or her client in getting monetary compensation for pain and suffering, doctors' expenses, and lost wages. They usually make certain all doctor bills are paid out of the settlement so the client is not left with debt due to the claim. Sometimes, like in the case of an automobile collision, they might assist with the claim for property damage, but that is up to the individual attorney and should not be assumed.
Q: What happens when medical treatment is complete?
A: The personal injury attorney will send a copy of all the medical documentation and all proof of damages (police reports, photographs, witness statements, etc.) to the defense with a demand for settlement. The two sides will negotiate until a fair settlement amount is reached or until it is determined that they cannot agree.
Q: How long will a settlement take?
A: Generally speaking, settlements do not happen quickly. The time frame can vary depending on how injured the party is, and how responsive the at fault party is. Usually, no negotiations happen at least until medical treatment has ended.
Q: What happens if the responsible party does not want to settle?
A: If the personal injury attorney and the responsible party cannot agree on a settlement, the personal injury attorney will file a lawsuit with in civil court seeking an award for damages. The court will follow its procedures in completing the lawsuit up to and including trial, if that is necessary. Once a lawsuit is filed, it could take a long time to finish the case.
Q: What happens when a settlement or judgment is reached?
A: Whether a settlement is reached or a judgment is awarded by a court, there will be paperwork for all parties to sign that finalize the claim. When this is accomplished, the settlement is final and payment should commence
