What is a 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. Some of the most common are: Auto Accidents; Dangerous or Defective Product Injuries (Product Liability); Aviation Disasters; Professional Malpractice; Workers Compensation; Wrongful Death; Toxic Exposure; Home Accidents; Dog Bites; Slip & Fall.

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What financial compensation can I get 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)

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How do I know if I have a Personal Injury claim? To have a personal 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 is at fault for your injury under a negligence, strict liability or intentional misconduct theory.

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Should I do an investigation of the facts of the accident on my own? In the absence of extraordinary circumstances it is not advisable to do an investigation of the facts of an automobile accident on your own. First, an experienced investigator knows the important steps to take and the best way to gather the needed information or proof. Second, your activities as an "investigator" will be characterized later by an insurance company adjustor or attorney as proof that you were determined to make a claim no matter how serious the injury turned out to be. Third, a professional investigator can testify effectively to interviews and other results of his efforts as a witness independent from you. Fourth, your energies immediately after an accident that results in an injury should properly be directed to other matters, such as seeking medical treatment.

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If the accident is partly my fault, can I still have a claim? Even if an accident or injury was partially your fault, you may still have a claim based on the concept of Comparative Negligence. The term "comparative negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. Comparative negligence does not mean you cannot collect damages. 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. If you are injured by the negligent conduct of another, but you contributed to the accident, you should consult an attorney who can properly evaluate your case.

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What should I do after an automobile accident? There are some steps that you should take as soon as possible after an automobile accident in order to protect your rights. These steps are particularly important if you or a passenger in your car has been injured
· Obtain the names, addresses and phone numbers of any witnesses.
· Report the accident immediately to the police and your insurance company.
· Cooperate with the police in preparing an accident report.
· Photograph the exterior and interior of the autos involved in the accident.
· See a physician if you are having any pain without delay.
· Get legal advice before filling out insurance documents or giving recorded statements to any insurance company or meeting with any insurance company representative.
· Photograph your injuries.
· Gather all automobile insurance policies in your household for evaluation by an attorney.
· Get legal advice before signing any check or document from any insurance company.
· Call Orange County Personal Injury Attorney Randall T. Longwith for a free consultation at
714-699-4384

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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. The Orange County Personal Injury Law Firm of Randall T. Longwith offers a free consultation with no obligation. Therefore you have nothing to lose by contacting this office before you accept any offer. There is a statute of limitations that requires you to file suit within a specific period of time. The time period depends upon the circumstances of your case. Failure to file in a timely manner may prevent you from obtaining any compensation for your injuries. An attorney will be able to help you file within the statute of limitations. You should talk to a lawyer and a law firm that has the experience, dedication and ability to maximize your compensation and minimize the frustration, delay and confusion that you will experience in making a claim for an injury.

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How should I select a doctor to treat my injuries? There are many ways to select a doctor, but the primary goal in the selection process remains the same to be treated by a competent physician who is genuinely interested in maximizing your physical and emotional recovery and is prepared to provide the necessary assistance to you in making any claims that prove necessary. The latter point is extremely important because some excellent treating doctors are not prepared to provide detailed reports or to give testimony about their treatment. A good starting point for medical care is your primary care physician or family doctor. He or she is usually very familiar with your state of health prior to the accident and can more easily recognize the nature and extent of the injuries caused by the accident. Often, your family doctor will make a referral to a specialist, such as an orthopedist (bone and joint) or neurologist (nerve). In making the referral, your family doctor is usually knowledgeable about the qualifications of the available specialists and their willingness to provide care to accident victims. Another possibility is to consider the recommendation of an emergency room physician who has evaluated you immediately after your accident. Friends, relatives and neighbors are also good sources for good treating doctors. They may know firsthand an excellent physician who has helped them in the past. An experienced personal injury attorney has interacted with many of the doctors in your community over the years. He or she should be able to literally provide a list of conscientious physicians in various medical specialties for your consideration. After you retain an attorney it is wise to inform the attorney of any planned change in doctors because the attorney may be able to provide useful information about a doctor's competency to treat a particular condition.

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What is a Contingency Fee? A contingency fee is a percentage of your recovery and is used by most lawyers in personal injury cases. The fee is conditioned upon your attorney's successful resolution of your case and is a percentage of your monetary recovery.

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What are the typical issues that I will face in making a claim for my injuries?  A claim made against another driver or vehicle owner is called a tort claim. It is usually based upon the concept of carelessness or negligence although it can also be based upon an intentional or reckless act.Lawyers know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:
1. Liability
2. Damages
3. Insurance Coverage

Liability refers to the question of who is at fault and to what degree. This is a very important question or, more commonly, a series of questions. Did the other driver exceed the speed limit? Did you fail to stop at a stop sign? Were the brakes on the truck properly maintained? These are the kinds of questions that must be answered by solid proof. The insurance company defending your claim obviously wants to minimize or eliminate the fault of its driver and to maximize your fault.

Damages refers to the injuries or losses that were caused by the accident. You are only entitled to be compensated for those injuries and losses that were the result of the accident. This is where the detailed records and, if necessary, the testimony of your treating doctors become important. It is also the responsibility of your attorney to document the ways in which you and your family have been impacted, in the past and in the future, by your injuries.

Insurance coverage is frequently not as simple a determination as might be expected. Often there are disputes over which of several coverages is first in line. There are also efforts by the insurance company to deny or defeat coverage. And, where uninsured or underinsured motorist coverage (UM) is involved there are multiple issues that must be resolved to assure maximum financial recovery. The entire area of insurance coverage is virtually a minefield that is best not entered without a competent attorney.

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What is a considered to be a "serious injury" warranting substantial compensation?
It is difficult to define the boundaries of "serious injury", but it is generally recognized that certain injuries have a major impact upon the life of the victim that warrant substantial compensation when caused by misconduct.
1. Some examples of injuries that would generally be included would be the following:
2. Spinal cord injuries
3. Head injuries
4. Amputations
5. Disfigurement (significant scarring or burns)
6. Injuries requiring surgery
7. Blindness
8. Injuries that damage any of the major organs of the body
Another factor in considering the seriousness of an injury is the related impact upon the earnings and lifestyle of the victim. Any injury that causes a substantial loss of earnings or capacity to earn would certainly be termed "serious". Likewise, any injury that requires a victim to make major accommodations in his or her lifestyle would be included.

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If I have sustained a "serious injury" as the result of misconduct what steps should I take to protect my legal rights? First, it is critical not to do anything that might adversely affect or prejudice your rights. No statements, written or recorded, should be given to adjusters or investigators. No signed authorizations permitting the insurance companies of the wrongdoers to have access to your medical providers or records should be provided. Second, at the earliest possible time, consultation with an attorney experienced in "serious injury" claims should be sought. This consultation is usually free of charge and can be accomplished at your home, a hospital, or any other convenient location.

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How can I select an attorney experienced in "serious injury" claims? In each community there are attorneys and law firms recognized as competent to properly present and, ultimately litigate if necessary, serious injury claims. These attorneys are generally Board Certified Civil Trial Lawyers who have demonstrated the unique skills necessary to accomplish the substantial financial recoveries warranted. They also belong to both state and national organizations for the attorneys specialized in the representation of seriously injured persons. This would include the Association of Trial Lawyers of America, for example. Other attorneys are often able to make a referral to a properly qualified trial lawyer. Friends and relatives are sometimes able to do the same. You may already have some awareness of a potential attorney because of his or her high profile in the community.
The most important step occurs when you first meet with the potential attorney. You should inquire about qualifications and experience with serious injury matters. You should ask about board certification. You should discuss the knowledge of the attorney about the particular injuries involved. Additionally, you should explore the experience of the attorney or his firm in the type of liability claim that would be involved. As an illustration, it would be important to know whether or not the attorney had handled claims against drug manufacturers if your injuries resulted from a dangerously defective drug.

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As a person who has sustained a "serious injury" should I seek a consultation with a properly experienced attorney if I do not know of a particular act of misconduct?
There are benefits to obtaining an initial consultation with a properly experienced attorney even in situations where there is no immediately obvious act of misconduct. Attorneys who specialize in claims based on serious injuries generally keep abreast of the literature and reports of product defects, new areas of medical malpractice, ongoing or contemplated class action lawsuits, developing legal precedents and theories, and the scientific community's contributions to personal injury law. As a result, it is possible that the attorney would have an awareness of a legal avenue to a financial recovery that is not generally known to the public.

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What should I expect from my attorney concerning the medical facts and circumstances of my "serious injury"? Your attorney should monitor and understand the medical diagnosis and treatment of your injury. He or she should gather the relevant records and medical information in order to fully understand the nature and extent of your injuries. This may require medical research or consultation with outside medical experts. It may also require conferences with you to discuss ongoing and future treatment. While it is not the role of your attorney to chart or determine your medical care, there is an obvious need to be intimately aware of the care and its impact upon your life. You will also gain from the interaction with your attorney on medical matters because you will be more fully informed on the content of your records and your medical options.

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How does the selection of a properly qualified civil trial lawyer ultimately impact the settlement or financial recovery in my "serious injury" case? It is generally recognized that insurance companies and defense attorneys in their consideration of a claim consider the skill and expertise of legal representation. This is particularly true when "serious injuries" are involved. Knowing that a full and convincing presentation of the past and future damages of the victim will be ultimately made has an impact upon the evaluation of a claim.

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How long do I have to make a claim for Personal Injuries? Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident.

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What are the Statutes of Limitations? The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you lose your right to file. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general the statute of limitations for personal injury cases is from one to three years and the time begins from the date of the accident. There are some exceptions and an experienced lawyer can explain what time period applies to your situation.

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If I have a personal injury claim 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.

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How long will it take to settle my claim? The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.

If you have questions, need answers or need assistance, call us. We can help you. There is never a charge for an initial consultation. The law is so complicated that you should have a professional analyze your personal situation and inform you of whether or not you have a case. To speak directly to an expert Fullerton lawyer call the Fullerton Personal Injury Law Office of Randall T. Longwith, call us at (714) 879-7007.

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