What is a personal injury ?
Legally, “personal injury” is a term used to describe the harm suffered by the mind or body. Generally, personal injury is the result of negligence, reckless behavior, and/or intentional misconduct. Personal injury lawsuits can take many forms. If you are unsure as to whether or not you have a case, call us to discuss the details of your situation.
How do I know if I have a premises liability case ?
To have an actionable premises liability case, you must establish that the property owner owed you a duty of care, that he or she breached that duty, and that the breach resulted in your injuries and financial losses.
Why should you work with an injury attorney?
Working with an attorney ensures that your case moves through the legal system properly and without errors.
How do you prove negligence in a California personal injury case?
As with all civil cases, the burden of proof in a personal injury case in California is on the plaintiff. This means you must present evidence that the injury and harm caused was because of someone else's negligence or carelessness. This is why it becomes really important to retain an experienced California personal injury lawyer who has successfully handled similar cases to represent you.
In any personal injury case, there are four main elements that must be proven:
- The defendant owed you (the plaintiff) a duty of care.
- The defendant breached or violated this duty to exercise reasonable care.
- You suffered personal injuries as a result of this breach of duty. In other words, you must show that the defendant's negligence caused your injuries.
- You must show proof that you suffered damages as a result of the defendant's negligence.
An experienced personal injury lawyer will be able to analyze the facts of your case, compile the necessary evidence that is needed to prove your case and help improve your chances of getting the best possible monetary settlement.
What is the statute of limitations in California for personal injury cases?
As an injured victim in California, you have a limited amount of time to file a personal injury claim. The legal term for this deadline to file is known as “statute of limitations.” In California, the statute of limitations for most personal injury claims is two years. If you fail to file your lawsuit within two years of the accident, you may be prohibited from seeking compensation. While there are some exceptions to this law, it is important to consult with an experienced California personal injury lawyer sooner than later so you don't lose your rights.
Can you file an injury claim against a government agency in California?
You can sue a government agency for injuries by filing an “administrative claim” with that agency before filing a lawsuit. If the agency denies the claim, then you have six months to file a lawsuit in court.
What damages can you claim in a wrongful death case ?
There are two primary types of damages. Economic damages are tangible damages such as medical bills, lost wages, property damage, etc. Noneconomic damages are more subjective, such as pain and suffering, loss of enjoyment of life, and mental anguish.
What is 'pain and suffering' in a personal injury case ?
Pain and suffering refer to physical and mental distress caused by the accident and injuries.
What's the first thing you should do after being hurt in an accident and deciding to file a claim for your injuries?
If you are injured and decide to file a claim, the first thing you should do is contact a personal injury lawyer. A skilled personal injury lawyer can help you understand and protect your rights and pursue the compensation that you deserve.