Personal Injury
Personal Injurty Claims Process in California.
- Bodily Injury Claim – The injured must notify their insurance immediately of the accident. There is only so much time to do so, and that time frame varies between Insurance providers.
- Personal Injury Lawsuit – The injured has two years to file a lawsuit after the accident. If you do not file a claim within this time frame, you are not guaranteed the right to receive financial compensation for any harm sustained.
- Government Entity Claim – An accident involving the negligence of a government agency does not afford the claimant the same amount of time to make a claim. You have only six months, or 180 days to file a claim against a government agency in the state of California.
In all three types of personal injury claims, an attorney will help gather the proper evidence and formulate the argument to ensure that the injured receives adequate compensation for any wrongdoing or accident in which they were the victim, and experienced any kind of pain or injury.
- Scope of Compensation for Claims. Claims can provide a wide variety of compensations, based on both financial and non-monetary damages. Compensation can include, but is not limited to: property damage; medical costs; accommodations for disability; emotional damages or trauma; lost wages and potential future earnings; pain and suffering; and scarring or disfigurement. All of these claims provide grounds for substantial compensation.
- Punitive Damages. Punitive damages are often applied in cases where there are specific negligent circumstances that led to the damages. In order to receive compensation for punitive damages, under California Civil Code 3294, an attorney must provide evidence that the party at fault exhibited especially negligent and irresponsible behavior. This type of negligent and irresponsible behavior can include driving under the influence of either alcohol or drugs, or excessive speeding
- Toxic Exposure. These claims are difficult to prove and can often involve years of toxic exposure in the workplace or place of residence. Any suspicions or claims you may want to follow can be valid. If you feel that you have fallen victim to toxic exposure, it is highly advisable to consult an attorney. Substantial evidence will be necessary to produce a convincing scientific argument and receiving reasonable compensation. These cases can be difficult to prove, as the party at fault may have an elaborate legal defense system to protect themselves from liability.
- Medical Malpractice. These claims are common, and the conditions of malpractice can be strenuous or life threatening for the claimant. Do not hesitate to resolve an issue and pursue a claim, as medical employees are insured and liable for any types of damages, they may have caused you. We are able to refer you to proper legal counsel in this realm.
FAQs
What should I do after an accident?
If you have an opportunity, take pictures and video of the scene. Second, try and gather the contact information of all witnesses at the scene. Don’t talk to anybody about whose fault it was. Everything you say can only be used against you. Save all the talking for the attorney who will help build the case. Do not apologize, even if you feel it would be polite.
I don't feel injured. Can I still make a case for Personal Injury?
Absolutely. The fear and adrenaline of the moment are a biological response to strenuous and traumatic situations. Do not play down any concerns you have about your health. Significant pain or recurring symptoms could appear later. You may absolutely have a case, even if you do not feel severely hurt at the scene of the accident.
I had a pre-existing condition, and it feels far worse after the accident. Do I have a case?
Absolutely. The involvement of pre-existing conditions can be very complex. These cases can be difficult to build and may require experts. For cases involving pre-existing conditions, proper legal counsel can be crucial.
How much time is there to pursue a personal injury settlement?
In the state of California, the statute of limitations for a personal injury claim is two years. This means that you have two years to file a case. However, some injuries may take time to appear clearly. Under the condition that a symptom took time to appear, the victim has a year to file a claim, from the date that the symptom, injury, or pain began.
My insurance wants to examine me with their own doctor. Should I consent?
No. An insurance company will use whatever means possible to downplay your settlement. It is crucial in cases such as these that an attorney ensures your proper compensation for the accident.