Personal Injury Law

Personal injury law refers to the area of law that involves civil law cases designed to obtain compensation for personal injury. Initially, the personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial.

The main concerns in an injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence. If there is a failure to exercise




reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.

What is Personal Injury?

A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in injury:

• Auto accidents
• Dangerous or Defective Product Injuries (Product Liability)
• Aviation Accidents (Airplane)
• Professional Malpractice (medical Malpractice)
• Workers Compensation
• Wrongful Death Accidents
• Toxic Exposure
• Home Accidents
• Dog Bites

What financial compensation can I recover in a personal injury claim?

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.

• Medical bills,
• Lost Wages, including overtime,
• Pain & Suffering,
• Physical Disability,
• Disfigurement,
• Permanent Scars
• Emotional Trauma,
• Mental Anguish,
• Loss of Enjoyment,
• Loss of Love & Affection,
• Embarrassment,
• Mental Disability,
• Property Damage,

All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).

How do I know if I have a case ?

To have an injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

What if the accident is partly my fault can I still have a case ?

Even if an accident of injury was partially your fault you still may have a case based upon the concept of Comparative Negligence. The term comparative negligence means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.

How do I know if I may need an attorney?

If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney as soon as
possible. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.

What is a Contingency Fee?

A contingency fee is a fee that is used by lawyers in most injury cases. It is contingent when the fee is conditioned upon your attorney's successfully resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear "there is no fee unless there we recovery". The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.

If I have an injury case do I have to go to court?

Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard. However, Madison Law Group has a high
success rate in settling cases prior to trial. If you or someone you know in Los Angeles or Southern California, needs the
assistance of an experienced personal injury lawyer then contact the Madison Law Group for a free consultation with an experienced lawyer. We can be reached in Los Angeles at 1-888-806-0822 or via our convenient contact form.

What's The Value Of My Case?

It is very difficult to estimate the value of your case when we start your case. Until we fully investigate your case and obtain the necessary materials concerning the liability issues and injury issues in your case, we cannot accurately estimate the value of your case. However, after we have sufficient information, we will be able to provide you with a reliable estimate.

How Will You Inform Me About My Case?

We tend to keep you informed whenever there is anything important happening or to periodically give you an update status. We value the significance of open communication between attorney and client. However, keep in mind that we may not be able to discuss your case on a daily basis. Yet, your telephone calls will be returned either the same day or latest the next day. You can be assured that we are pursuing your matter, even if we had not a discussion during that time period. Your calls are important to us; they are taken very seriously and are promptly returned.

When Should I Expect A Settlement?

We cannot adequately commence negotiating your case until your medical treatment is complete and we have secured your medical records and bills. You should focus on continuing your treatment with your doctor and recovering from your injuries. We will gather all the necessary medical records and begin negotiating your claim as soon as your treatments are over or we have a clear understanding of the severity and extent of your injuries. We are very prompt in negotiating our client’s claims. It is difficult to estimate the exact time; however, as the case progresses we can present you with a time frame depending on your specific injuries. You will be informed as we proceed with your case and engage in settlement discussions.

Will I Deal With Anyone Else Except My Attorney?

We employ trained legal assistants to work with our associates. These qualified assistants will help us in processing your case to a speedy resolution. Your case will usually be assigned to one assistant who will closely monitor your case and work with your attorney.

Who Will Answer My Questions?

We strive to answer your questions promptly. If your attorney is not in or available when you call, ask for your legal assistant. If the legal assistant cannot respond to your question or if you need to discuss your matter directly with the attorney, leave a message for him or her, and you will have your call returned by latest the next day.

Should I Handle The Property Damage Claim On My Own?

No, we prefer that you let us handle everything for you. In fact, you have to be careful in discussing your property damage claim with the insurance adjuster directly. If we settle your property damage claim with your own insurance company, do not be alarmed since your insurance company will make a claim against the responsible person's insurance company and reimburse you for the deductible. This will not increase your insurance rate if you were not at fault in causing accident. This is part of the service you pay for, when you buy collision coverage.

What If The Other Driver Has No Insurance?

In such a case, the other driver is an "uninsured motorist". In the event you have an "uninsured motorist" or "med pay" coverage under your policy, you will be compensated for your medical bills and/or pain and suffering to the extent and type of your own coverage. We strongly recommend purchasing both "uninsured motorist" and "med pay" coverage.

What Happens If I File For Bankruptcy?

If you are contemplating about filing for bankruptcy, please contact our office before taking any action. Your personal injury proceeds may be part of your assets in any bankruptcy action. Since bankruptcy can affect your personal injury case, be sure to speak with us.

Can The Firm Lend Me Money?

We strive to bring your claim to a speedy resolution and will advance the costs of the legal action, but we cannot loan you money. The laws in most states hold that it is illegal for an attorney to lend money to a client on a case. If you are receiving letters from collection agencies for your medical bills, we will be happy to notify them and explain that you have a personal injury action pending. We will try to ask for more time or defer payment on a lien basis until you receive your settlement on a lien basis.

Who Pays For The Costs Of Litigation In My Case?

There are various charges which will be accrued as we are preparing your case. Police or sheriff departments typically charge for a copy of the accident report; physicians bill us for preparation of their medical reports; other incidental costs of this kind accrue as well. Other costs may also include bills from court reporters, expert witnesses, and others. We will advance these costs and we are paid only if we win or settle your case.

Can I Discuss My Case With The Insurance Company Or Their Agents Directly If They Contact Me?

No, it is crucial that you refrain from discussing your case with either your own insurance company or the insurance company for the responsible party. Your statements may be used as evidence against you. All communications must go through our firm. If they need to take a statement, it is very important that we are present during the statement and you have been adequately prepared. If you are contacted directly, politely ask them to contact your attorney without giving them any other information.

We hope that these common questions and answers satisfied your inquiry. If not, you can call us at (866) 325-4529, and we will be more than happy to provide you with additional information about your specific inquiry.