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Passionate Advocates for Your Rights

Personal Injury Facts and Questions

If you have been injured in an accident that was caused by someone else's negligence, you may be able to file an injury claim with the insurance company or a lawsuit against the person or company responsible. This means that you may be able to receive compensation for the damage you received. Often a personal injury will lead to high medical bills and lost work. This can place a major strain on a family's financial resources. If you have found yourself in this position, you may have a number of questions that you want to be answered. Our attorneys have put together of list of frequently asked questions in hopes of providing you with some clarity. If any of your inquiries go unanswered, do not hesitate to contact our office and find out more.

Why should I hire a personal injury attorney? [+]

Simply put, a talented personal injury attorney will increase the amount and certainty of the monetary compensation you receive for your injuries. While insurance companies will probably cover some of the costs associated with treating the injuries you sustained, their coverage usually does not extend beyond the initial costs. Some injuries can leave you with a lifetime of pain and discomfort. You should be compensated for these hardships. With the help of a dedicated attorney, you can seek retribution for all the hardships you will now have to endure as a result of your injuries. Do not sit back and let the insurance companies dictate the terms of your future life, they will always come up short.

What is the difference between a claim and a lawsuit? [+]

Typically, a claim is filed with an insurance company in an attempt to obtain a reasonable settlement for the injuries and losses sustained by the victim because of another person's or company's negligence. A lawsuit is a legal action filed before the court that seeks compensation from the individual, corporation, government agency, or insurance company that caused the victim's injuries and damages. Discuss your case with a knowledgeable attorney to determine the best option for your situation.

Is Personal Injury Negligence? [+]

Yes, negligence is one of the most important aspects of a personal injury case. In fact, it is what an entire claim is based on. Negligence is what causes the accident you were injured in the first place. It is any conduct that fails to provide reasonable care to protect an individual from harm. In the legal field, negligence has four aspects. First, the individual accused of negligence must have owed the injured individual a duty of care. Second, they must have violated that duty. Third, that breach directly caused the injury. Fourth and finally, that the damage from the injury is provable. If all four elements are met, an individual may be accused of negligence.

Should I try to reach a settlement? [+]

When you try to reach a settlement for your personal injury case, you are essentially making an agreement before going to trial. This is done when one party, either the defendant or the insurance company, offers a certain monetary payment in hopes of avoiding going to court. Reaching a settlement can be beneficial in some situations. However, you must be wary of individuals and insurance companies that are trying to cheat you out of the full amount that is due to you. If you are not sure if the settlement that is offered to you is appropriate, you should hire an attorney. A legal professional will be able to help you determine whether or not you would receive full coverage by accepting their offer.

What are the different types of damages that I can recover? [+]

In a personal injury claim, the two most common forms of damages that you will be able to recover are called compensatory and punitive damages. Naturally, the type of damages that you can receive will depend entirely on the situation and the type of accident that you were injured in. Compensatory or actual damages are, as the name indicates, a payment made to compensate for the loss or damage that was suffered. If, for example, you were injured in a car accident and had to pay for a hospital stay and physical therapy as a result, you can be compensated for those payments.

Punitive damages, on the other hand, are made in response to a criminal act, such as malicious intent. It is a punishment or deterrence to try to keep the individual or others from repeating the act. This payment will be made in addition to the compensatory damages. These types of damages are much more difficult to determine and can include fraud, malice, bad faith, recklessness, and wanton violence. This is a controversial topic in tort law and is often hard to nail down. In most cases, it will be difficult to receive punitive damages on top of actual damages as the attitude behind a particular action can be hard to prove. However, if you intend to seek such recompense, it is best to do so with the aid of an attorney who has experience with a wide range of personal injury suits.

What happens if my case is not successful? [+]

There is no charge for the firm's time unless your personal injury case is concluded successfully. We are dedicated to our clients and will do everything in our power to help ensure you receive a successful verdict. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand. The costs of an exceptional personal injury pale in comparison to the overwhelming hardships you would have to endure without adequate compensation. With our firm you stand to lose nothing should our handling of your case not be successful.

Why should I choose your firm? [+]

Our firm is nationally recognized as one of the best personal injury law firms in the country. At Bostwick & Peterson, LLP, we have over 80 years of combined experience and have won over $750 Million in compensation for our clients. Our firm was awarded the Trial Lawyers "Presidential Award of Merit" for winning the largest verdict of its type in the state of California. We also held a number of other state and national records for verdicts and settlements. Unlike many law firms, we have a proven record of success. We are proud that we have the ability to help our clients.
  • AV Preeminent
    AV Preeminent
  • Inner Circle of Advocates
    Inner Circle of Advocates
  • Multi-Million Dollar Advocates
    Multi-Million Dollar Advocates
  • American Board of Trial Advocates
    American Board of Trial Advocates
  • The National Trial Lawyers
    The National Trial Lawyers
  • Best Law Firms 2018
    Best Law Firms 2018

Reviews From Our Clients

  • “Erik and his staffs were professional, well experienced, honest, knowledgeable and supportive.”

    Avvo Reviewer

  • “Erik was empathetic, professional, and realistic. He's a consummate professional and an excellent negotiator.”

    Avvo Reviewer

  • “Mr. Peterson and his team displayed the utmost professionalism guiding me through this very emotional process.”

    D.M.L.

What Sets Bostwick & Peterson, LLP Apart?

  • Over $750 Million Recovered for Our Clients
  • Record-Setting Birth Injury Verdicts & Settlements in Four States
  • We Have Received the Trial Lawyers "Presidential Award of Merit"
  • We Have Been Included in the List of "Best Lawyers in America" by U.S. News - Best Lawyers®
  • Attorney James Bostwick Is a Certified Specialist by the American Board of Professional Liability
  • We Are Members of the Inner Circle of Advocates, Which Is the Nation’s Top 100 Plaintiff Lawyers