To succeed in a personal injury case in Sherman Oaks, you must demonstrate that the negligence of the other party caused your injuries. California is a comparative negligence state, so your award will be dependent on the establishment of fault.
These Are Some of the Most Significant Tips to Strengthen Your Case
1. Know the Four Elements of Negligence
To succeed in a personal injury case, you must establish:
- Duty of Care – The defendant had a duty to be safe (e.g., drivers have to obey traffic rules).
- Breach of Duty – The defendant was negligent or reckless.
- Causation – The defendant’s negligence resulted directly in your injuries.
- Damages – You suffered measurable losses, such as medical expenses or lost wages.
2. Gather Good Evidence
- Accident Reports – Report the accident to the incident report or police, depending on where the accident occurred.
- Medical Records – Document all injuries and treatments.
- Witness Statements – Obtain statements from witnesses who witnessed the accident.
- Photos and Videos – Photograph the accident scene, vehicle damage, injuries, and any hazardous conditions.
3. Preserve Expert Witnesses
In complex cases, expert witness testimony can make or break liability. Examples include:
- Medical Specialists – To confirm the extent of your injuries.
- Accident Reconstruction Experts – To analyze car crashes.
- Economic Specialists – To calculate lost income and future expenses.
4. Don’t Fall for Insurance Schemes
Insurance companies often try to minimize payments by:
- Denying you were partially at fault.
- Lowballing with initial offers.
- Asking you to provide taped statements that can be used against you.
To avoid these schemes, let an injury attorney handle communication with insurers.
5. File Your Claim Promptly
California’s statute of limitations for personal injury is two years from the date of the accident. If you miss this time limit, you risk losing your right to recover.
6. Get the Advice of an Experienced Personal Injury Lawyer
It is not always simple to establish negligence. A competent Sherman Oaks personal injury lawyer can help to secure evidence, negotiate a settlement, and defend you in court if need be.
By following these strategies, you can build a strong case and increase your chances of receiving the compensation you deserve.
This article was written by Alla Tenina. Alla is a top San Fernando Valley bankruptcy lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
