Factors That Can Influence Your Personal Injury Claim

January 9th, 2012 ~by Samer

If you are filing a personal injury claim from an accident, you may be wondering how the insurer will evaluate your company and how they determine its settlement value. There are a multitude of factors used to evaluate cases, and not all of them apply to every case. For information on what the relevant factors are to your case, contact an Irvine personal injury attorney.

One factor you may not think is important but actually is relevant is your expectations. Clients who are easy to deal with and have reasonable expectations are likely to see higher settlements than difficult clients. Your Irvine personal injury attorney may fight harder for a higher settlement for clients who are appreciative instead of impossible to please. Even so, your attorney will probably tell you to keep your expectations low.

It is also important to consider how many witnesses can testify in your case, and more importantly, how reliable and compelling their testimony will be. The quality of liability and damage witnesses has a significant effect on the likely settlement value of your case. If you only have one witness and it is a family member, your case will be weaker than one that has several impartial witnesses to the accident. Additionally, even if your doctor testifies on your behalf, your case may be hurt if the doctor makes a poor witness and cannot testify well. Your case is only as good as the quality of your evidence, and in this case, your evidence is your witnesses.

If you have further questions about the settlement value of your personal injury claim, contact experienced Irvine personal injury attorney Samer Habbas at (888) 848-5084 for a free consultation.

What Attorneys Look For Before Taking Up Personal Injury Cases

January 5th, 2012 ~by Samer

If you are filing a personal injury lawsuit, an Orange County personal injury attorney will want to know several things about your case before agreeing to represent you in what may be a difficult and costly legal battle with an insurance company that doesn’t want to pay. The better prepared you are and the more answers you have for your attorney, the greater the chances the attorney will agree to defend you. Here are some questions any experienced attorney will consider when evaluating your case:

  • Will you, as a client, make a favorable or unfavorable impression to the jury? Do you have any physical characteristics or mannerisms that might make a jury distrust you?
  • What theories of liability will potentially come up in your case, and what are the problems faced with proving them?
  • What defense tactics is the defense likely to use?
  • Will an expert witness be necessary?
  • Would your case be better served by referring it to another attorney with more expertise?
  • Is your story consistent with the investigator’s report of what happened?
  • Were there any witnesses to the incident, and if so, are their accounts consistent with yours?
  • Will the witnesses be available to testify at trial or is there a chance they might leave the jurisdiction before then?
  • Will you be able to withstand the rigorous and intrusive process of discovery and a court trial?
  • What are the chances of a favorable verdict in your case?

If you have any further questions about the strength of your case, contact dedicated Orange County personal injury attorney Samer Habbas today at (888) 848-5084 for a free initial consultation.

What Your Orange County Personal Injury Attorney Does Before Trial

December 29th, 2011 ~by Samer

If your Orange County personal injury attorney determines that a lawsuit is your best chance of making recovery for your personal injury claim, he will have to do a lot of preparation before you can go to trial. Here are just some things that need to be done.

There is also a significant amount of legal research to be done, as your attorney needs to be familiar with all the statutes and case law that pertain to your case.

Your attorney will need to depose some of the other side’s witnesses. Deciding which witnesses to depose is a task in and of itself, as deposing all the witnesses is not possible. Your attorney will try to select witnesses who are key to the defendant’s case. These depositions need to be scheduled, and preparations need to be made for recording equipment or transcriber to be present. These recordings to transcriptions then need to be edited down to something usable in court.

The other side will want to depose some of your witnesses as well. Your attorney needs to coach these witnesses on how to properly testify and to accompany any witnesses giving depositions to make sure that the questions asked are appropriate.

Your attorney will need to review the evidence that the other side is presenting to make sure that it is appropriate. If the other side submits improperly gathered or otherwise inappropriate evidence, your attorney needs to file a motion to have that evidence excluded.

It is crucial that you have an experienced Orange County personal injury attorney on your side before your claim gets to this stage. Call Orange County personal injury attorney Samer Habbas today at (888) 848-5084 for a free initial consultation.

Preparing a Personal Injury Claim for Trial

December 26th, 2011 ~by Samer

Your Orange County personal injury attorney will make every effort make a recovery for you by trying to negotiate a settlement with the insurance company. However, there is a chance that negotiations will reach an impasse, and your attorney will advise you that the only way for you to recover a reasonable amount of damages is to file a lawsuit. If you decide to proceed with a lawsuit, here are some of the initial steps your attorney will take to prepare for trial.

First, your attorney will need to perform some preliminary preparation before any actual legal work is done. He will check the statute of limitations for your claim to see when the suit needs to be filed by. He will also verify the contact information for all parties in the trial, including the name and address of the defendant and his attorney. He will also need to verify which court has jurisdiction over your case.

Your attorney should have acquired all the necessary evidence for your case over the course of negotiating with the insurance company, but this is the time to make sure all the evidence is in order, be they witness statements photographs or what have you. This process may involve preparing witness summaries, so the attorney can know at a glance who is testifying for which side and about what. He may also contact expert witnesses who can testify about your injury or the accident.

Having an experienced Orange County personal injury attorney is vital as you proceed to litigation. Make sure you have one from the start. Call Samer Habbas today at  (888) 848-5084 for a free initial consultation.

How Orange County Personal Injury Attorneys Identify a Strong Personal Injury Case

December 23rd, 2011 ~by Samer

When evaluating an Orange County personal injury case, Orange County personal injury attorneys consider certain elements that have a significant influence on the case’s likelihood of success in court. These elements help claimants and attorneys recognize which cases are worth the time and money to pursue.

The first is the statutes of limitations on the offense committed against the claimant. If the statute of limitations has run out, are there any other grounds for a lawsuit that have not expired. If the claimant waited too long before seeing a personal injury attorney, he may be unable to recover at all.

The second important element is liability. Obviously, a case where the defendant’s liability is clear-cut and unambiguous will have a better chance of success.

Apart from these, the personal injury attorney will consider the nature of the injuries themselves will also play a large factor – more dramatic injuries leave a stronger impression on the jurors.

The attorney must also consider whether or not the liable parties have the assets to satisfy any judgments against them and if the defendants are covered by insurance policies that the plaintiff can recover from. Any settlement offers the insurance company has made may factor into the case as well.

An experienced Orange County personal injury attorney will be able to look at all of these factors and help you decide whether or not it is worth your time and money to pursue your claim. Call Samer Habbas today for a free initial consultation.