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If you or a loved one has been injured in an accident caused by the negligent or intentional act of another, you may have the right to a monetary recovery of special and general damages for the following:
Nonetheless, having the right to recover from your injuries does not automatically mean that you will actually recover for them. Insurance companies are not on your side. Insurance companies do not voluntarily pay money on claims. They are businesses with a bottom line. They must make money. The less they pay in claims, the more profit they make. Stated another way, their incentive is to pay you the least amount possible, regardless of the validity of your injury claim, in an effort to turn the largest profit possible.
The Law Offices of DiMarco | Araujo | Montevideo deal with insurance companies every day. Our experienced team of attorneys, investigators, medical experts, paralegals, and support staff will investigate the facts of your incident, evaluate your case or claim, and handle all of the details required to obtain the maximum recovery for you, our client.
Contact the Law Office of DiMarco | Araujo | Montevideo today to schedule a FREE case evaluation.
Yes, in order to have the best chance of obtaining the maximum recovery for your injuries you absolutely need an attorney. You deserve to be adequately compensated for your injuries, lost wages, pain and suffering, and other recoverable damages. But mistakes or delays in the investigation, preparation, or handling of your case may be detrimental to your case, decreasing your recovery or, even worse, causing you to lose your case entirely.
Insurance companies are not on your side. Even in cases where liability is clear and undisputed, insurance companies will deny claims. Without legal representation, individuals find it exponentially more difficult to resolve their property damage claims or getting their medical bills paid by their insurance companies. DiMarco | Araujo | Montevideo deal with insurance companies every day. We know their settlement strategies and we will use our experience to fight for your maximum recovery.
The Law Offices of DiMarco | Araujo | Montevideo can explain what you can expect at every step of your personal injury case and will take action on your behalf — researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery. Don’t settle for a lesser-experienced personal injury law firm.
Yes. Every state has certain time limits, called statutes of limitations, which govern the period during which you must file a personal injury lawsuit. You may have as little as one year from the date the accident occurred to file a lawsuit. If you miss the statutory deadline for filing a case, your case is thrown out of court. (Time limitations in medical malpractice cases and government claims are often calculated differently.) For this reason, it is important to talk with a DiMarco | Araujo | Montevideo work injury attorney as soon as you receive or discover an injury.
You become the plaintiff in the case, and the person you sue becomes the defendant. Lawyers for each side typically begin gathering facts through the exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery. After discovery, most cases are settled before trial. Of the cases that do go to trial, most plaintiffs ask for a jury to hear their case, but judges can decide personal injury cases as well. That is known as a bench trial, as opposed to a jury trial.
There is no easy formula to determining the value of your case. Instead, the value is based on a careful analysis of the facts, legal liability, nature, and extent of injuries, as well as medical expenses, lost income, loss of future earnings, pain, suffering, physical impairment, and other damages. Based on our proven track record and experience, and our history of recovering millions of dollars in settlements, arbitration awards, and jury verdicts, we are able to evaluate cases and provide a range of value. At DiMarco | Araujo | Montevideo, the initial attorney case evaluation is always free and we will be glad to personally answer any questions you have regarding your case with straightforward, honest answers.
If you win, a judge or jury awards you money, known as damages, for your injuries. Damages may include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also may compensate you for medical expenses and for pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury. The amount awarded is intended to compensate you for your loss, is not considered as income, and is not taxable as income by the federal government or the states.
Yes. Orange County personal injury attorneys generally charge their clients on a contingency fee basis. That means you pay your attorney only if you win compensation. Your attorney is paid a percentage of the total amount recovered. You’ll sign a retainer or fee agreement with DiMarco | Araujo | Montevideo, clarifying all fees and charges.
In a contingency fee arrangement, you pay your attorney only if you win. You do not pay any out-of-pocket money upfront. Our office agrees to accept a fixed percentage (often one-third) of the amount recovered. If you win the case, our fee comes out of the money awarded to you. If you lose, neither you nor DiMarco | Araujo | Montevideo will get any money, and you will not be required to pay our firm for the work done on the case. By entering into a contingency fee agreement, both you and our office expect to collect some unknown amount of money. Because many personal injury actions involve considerable and often complicated investigation and work by DiMarco | Araujo | Montevideo, this may be less expensive than paying an hourly rate.
Contact the Law Office of DiMarco | Araujo | Montevideo today to schedule a FREE case evaluation.
The answer to this question can vary greatly depending on the complexity of your case. The Law Offices of DiMarco | Araujo | Montevideo will explain what you can expect at every step of your personal injury case, and will take action on your behalf — researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery. Don’t settle for a lesser-experienced personal injury law firm.
No. The majority of legal claims arising from accidents or injuries do not reach a civil court trial — most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through the settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company.
Settling a case means that you agree to accept money in return for voluntarily dismissing your action against the person who injured you. You’ll actually sign a release absolving the other side of any further liability. Most cases are settled before trial, so don’t be surprised if your case never goes to trial. A trial verdict means that your case went all the way through trial and a judge or jury decided a verdict. The verdict is a decision on all of the triable facts at issue in your case. The verdict also states liability for the accident and the monetary amount of recovery, if any, won by the plaintiff.
If a DiMarco | Araujo | Montevideo attorney, upon signing a retainer agreement, believes your claim is insurable and one on which you can recover then, we will proceed to gather information about your claim. In order to arrive at a figure for damages, we will need to determine the extent of your injuries, including pain and suffering, disability and disfigurement, the cost of medical treatment, and lost wages. DiMarco | Araujo | Montevideo will then provide your damages figure to the insurer of the person who injured you. If the insurer considers it a valid claim, the case is likely to be resolved and won’t be tried in court.
Yes, you should supply any documents that might be potentially relevant to your case. Police reports, for example, contain eyewitness accounts and details about conditions surrounding auto accidents, fires, assaults, and the like. Copies of medical reports from doctors and hospitals will describe your injuries. Information about the insurer of the person who caused the injury is extremely helpful, as are any photographs you have of the accident or of your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven’t collected any documents at the time of your first meeting, don’t worry. DiMarco | Araujo | Montevideo will be able to help you obtain them.
It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit. Every state has some law permitting an action when someone causes the wrongful death of another. And if a person with a claim dies from unrelated causes, the tort claim survives in most cases and may be brought by the executor or the personal representative of the deceased person’s estate or heirs, although the amount that can be recovered may change.
Contact the Law Office of DiMarco | Araujo | Montevideo online or call us at (714) 783-2205 to schedule a FREE case evaluation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.