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Personal Injury Cases

What is a serious personal injury case?

Serious personal injury case which involves a serious bodily injury.

Here some information about about what makes a personal injury a serious personal injury.

A serious personal injury generally results in:

  • death;
  • dismemberment;
  • significant disfigurement;
  • a fracture;
  • loss of a fetus;
  • permanent loss of use of a body organ, member, function or system;
  • permanent consequential limitation of use of a body organ or member;
  • significant limitation of use of a body function or system;
    • or a medically determined injury or impairment of a non-permanent nature
    • which prevents the injured person from substantially doing all of the material acts
    • which make up that person's usual and customary daily activities
    • for not less than 90 days during the 180 days
    • immediately following the occurrence of the injury or impairment.”

This definition is per a 2009 case called Hyacinthe v. United States. 

But, there are many other serious personal injuries that don't necessarily fit into the above guideline.

If you're hurt, please let me know. I will tell you whether your injury type is something I can help you with.

Like any other type of injury, serious personal injuries are caused by negligence or recklessness.

What's the difference between negligence and recklessness?

Negligence" is the failure to use reasonable care.

Recklessness” is worse than negligence.

A person is reckless if they knew it was highly probable that their conduct would cause harm and they knowingly disregarded this risk.

“Recklessness” is more than just the failure to use reasonable care.

For example, it's negligent to run a red light. But, it's reckless to run a red light while under the influence of alcohol.

What are serious personal injury examples?

What does serious personal injury really mean?

Serious personal injuries, like the examples above, are more complicated, intricate and valuable than minor personal injury cases.

How are serious personal injuries different than minor personal injuries?

  • Serious personal injuries may require surgeries, rehabilitation and significant treatment
  • Serious personal injuries make things you did before the accident (such as working) very difficult or even impossible
  • Serious personal injuries cause lasting pain (physical and/or psychological) and
  • Their degree is not always immediately known
  • Minor injuries don't require surgeries nor significant treatment
  • Minor injuries cause pain and suffering that is not long lasting
  • The degree of minor injuries is generally immediately known
  • Minor personal injury cases resolve quicker than serious personal injury cases

This is why you should always seek the attention of a medical care provider after in any accident, to find out whether your injuries are serious or minor.

What types of accidents cause a serious personal injury?

Here are some examples of causes of serious personal injuries.

But, you may still have a serious personal injury case even if it's not listed below.

  • Products that are defective
  • Victims of crime, especially sexual crimes against children

Is it worth hiring a personal injury attorney?

If you have a very small case that doesn't have much value, you may not need an attorney.

But, a serious case may have serious value. So, you definitely need an attorney to fight your case.

The insurance company has specially-trained adjusters who look out for the insurance company.

The adjuster may seem fair, nice and understanding. You may even think your case is going well, but come to learn that the insurance won't pay you a dime.

Or, the insurance may offer you less than what your case is worth.

Remember, the insurance adjuster works for the insurance company, not for you.

Now more than ever, you need someone to work for you.

When should I hire an attorney for my injury case?

If you have a good case, it's always best to hire a good attorney as soon as possible  after the incident or accident.

That way, you will have the protection of your own attorney, looking out for you and you alone.

Hiring a good attorney early on means you have an advocate working from the start to try and maximize the value of your case.

If you hire the right attorney, right away, you can benefit from your attorney's advice, guidance and protection.

You may not want to hire an attorney because you don't know the answer to this question:

How much does an attorney charge for a personal injury case?

Did you know that your accident attorney's fee is the same fee whether she is hired at the beginning of your case, or months after the date you got hurt? So, let your attorney work for you sooner than later.

Put their skills and experience to work by fighting for your rights in your injury case.  

How can I settle my personal injury case without an attorney?

Unless your case is minor, it's really not a good decision to settle your personal injury case without an attorney.  You can settle your personal injury case by dealing directly with the insurance.
The only thing worse than handling your serious personal injury case alone is hiring the wrong attorney. The wrong attorney can even damage your serious personal injury case by mismanaging it.
While it's important to hire an attorney right from the start, but it's just as important to hire the right attorney in order to get the most you can for your injury case

Can I change my personal injury attorney if I don't like their work?

You have a right to change your attorney, at any time. But, the new attorney can't turn back the hands of time.
Your serious personal injury case could already be damaged because it was not handled properly.
It may not be possible for even the most dedicated attorney to fix an improperly handled serious personal injury case.

And, the first attorney will get paid out of the second attorney's fee. This can make it hard to find a new attorney if you're not happy with your first attorney.
A new attorney may have to work even harder to try and salvage a mismanaged case, only to have to pay the first attorney out of the fee that the second attorney may get on your serious personal injury case. 

My name is Renée Yvonne Gardner. I am the attorney at Gardner Law. I speak Spanish - hablo español.

I have experience with personal injury and wrongful death accident and I love to fight for my clients. 

If you had an accident or got bitten by a dog, reach out to me at (408) 214-5555 or here:

Call Renée Today

I deliver personalized representation in serious personal Injury, wrongful death, death benefits, criminal defense, and post-conviction relief ("cleaning") cases. Please call (408) 214-5555 or fill out my contact form.