If you are filing a personal injury claim, you want to be straightforward about any preexisting conditions you may have, especially with your lawyer. Why do clients sometimes withhold information about preexisting issues? What effect can this have on a claim? Read on to learn about this important factor in a personal injury suit.
Why People Feel the Need to Hide a Preexisting Condition
You may think that if you reveal a preexisting condition, it will affect the amount of your settlement. For example, if you get migraines but they become far worse after your car accident, you may neglect to mention you already would get migraines before. Why? Well, you may be concerned that opposing counsel will try to limit your medical compensation because the migraines were a preexisting condition and the fact that they got worse may have had nothing to do with the accident.
Why You Should Disclose Any Preexisting Conditions or Injuries
While the above scenario could be true, imagine how bad it will look when the condition comes out (and it will) during the course of a trial or negotiations. Now it goes from something that could have a minor effect on the settlement to something that calls into question your credibility as a whole. That can have a major effect on your case.
Personal Injury Attorneys to Help You in Southern California
Petrov Law Firm is here to help you with your settlement, so please don’t hide any preexisting conditions from our personal injury attorney. While you may be concerned it will hurt your case, comparing your medical condition before and after the injury may help make your case even more clear and help you to get a better settlement. To get started on your case, call us today at 619-344-0360.Read More
If someone under the age of 18 in the state of California is involved in a personal injury settlement, there are additional regulations that do not apply in all personal injury cases. What do you need to know about and how many this affect your settlement?
In California, court supervision is required for cases involving minors. These regulations have been put in place by the state in order to ensure that children get a fair settlement. The funds will not be accessible to the child until he or she turns 18. In most cases, the funds will either be used to purchase an annuity or they will be put into a blocked account.
If an annuity is the chose form of settlement payment, funds with either be received annually starting from when the child turns 18 or they may be dispensed in lump sums at certain time periods (for example, one payment every three years or at particular birthdays until of the money is divested).
There are certain rare exceptions where the settlement is determined to be a sum of less than $5,000 where the money becomes immediately available for the minor. In even more exceptional situations, the court may allow parents to make funds available to minors before they turn 18. However, the circumstances surrounding such a situation need to be quite extraordinary.
Help in Attaining Fair Personal Injury Settlements
The courts often only provide assistance for minors seeking a settlement. Thus, it may become necessary to hire a personal injury attorney to determine if an insurance provider is offering a reasonable settlement. Petrov Law Firm will be happy to help you determine what a fair settlement should be. Contact us today at 619-344-0360.Read More
If you have suffered a personal injury and are looking to file for damages, you may recognize that this sort of thing often never reaches the courtroom. Why is that the case? There are actually a number of factors in play that relate to both sides of the suit.
Factors in Reaching a Settlement
First of all, reaching a settlement allows the defendant to avoid the situation becoming a public spectacle. Legal fees are also minimized. It is basically a way of performing damage control. It keeps a jury from awarding massive punitive damages or large pain and suffering penalties. This is especially true in cases where a jury could easily be swayed by sentiment.
However, a settlement if often good news for the plaintiff as well. First, the money is guaranteed. If the case goes to trial and the defendant wins, the plaintiff gets nothing. In a settlement, the plaintiff knows exactly what the payout will be. It also allows the plaintiff to get the money quickly as opposed a court case that may drag on for weeks or months.
As a result, it usually mutually beneficial for a settlement to be reached.
Why Seek Legal Help for Personal Injury Cases
An experienced personal injury lawyer is in the best position to get you a higher settlement amount. Plus, an experienced personal injury attorney will also know when a case should go to trial. As a result, you should never accept a settlement without discussing your legal options with an attorney. The personal injury lawyers at the Petrov Law Firm will be happy to help you weigh the pros and cons of a settlement in your case. We have the experience to help you maximize the settlement you receive.