Personal Injury Attorneys in California Fighting For the Rights of Injured Clients

A personal injury is any harm or injury that physically occurs to an individual as a result of someone else's negligence or intentional misconduct. It is considered a type of civil action called a tort. In a tort, a plaintiff seeks financial compensation for the damage resulting from the defendant's negligence or wrongdoing. Personal injuries can range from minor accidents to severe injuries resulting in long-term complications or even death. A successful personal injury claim allows the plaintiff to "be made whole," meaning they can receive compensation for their economic losses as well as non-economic losses resulting from their accident.

In general, the first step and your priority is to seek immediate medical attention for any injuries suffered. Even if you don't believe you have been seriously injured, get examined by a medical professional as soon as possible, as many injuries may show delayed symptoms days or weeks after they occur. Contact a personal injury attorney who can guide you through the process and try to gather and preserve all relevant evidence, such as medical reports, incident reports, and witness statements. Be sure to file a police report if applicable, and retain a copy of the report to use as evidence for your claim. Document all financial losses, including medical expenses, lost wages, and property damage, and file an insurance claim or personal injury lawsuit as soon as possible with the help of your attorney.

While it is possible to file a personal injury claim without a lawyer, it is generally recommended to seek legal representation. A personal injury attorney can provide valuable guidance, expertise, and representation throughout the legal process, helping you maximize your compensation. You may find that insurance companies may take you more seriously and be more inclined to cooperate with the process of resolving your claim and offering you a fair settlement simply by having an attorney representing you as they know you are working with someone who can take them to the courtroom if necessary.

A statute of limitations is a legal time limit for a person to file a lawsuit. In the context of personal injury claims, it means that there is a specific period after the incident during which you can file a claim. If the claim is filed after the expiration of the statute of limitations, it is likely to be dismissed by the court, and you won't be able to recover any compensation. In California, the deadline for filing a personal injury claim is two years from the date of the accident or injury. However, there may be exceptions to this rule, so it is important to consult with a personal injury attorney to determine the exact deadline that applies to your case.

The compensation in a personal injury claim in California is typically calculated based on several factors, including the nature and extent of the injuries and financial damages suffered. That may include losses such as medical expenses and the cost of medical treatment required, any lost wages or income, the long-term impact on the injured person's life, including loss of future earning capacity, the pain and suffering endured by the victim due to the accident and during the recovery process, and any other financial or subjective losses or damages resulting from the accident.

Insurance companies may raise various defenses in personal injury claims, including claiming that the injured party may have contributed to the accident and their own injuries or that the injured party knowingly and voluntarily put themselves in harm's way. They may also allege that the claim was filed after the expiration of the statute of limitations or that the claim cannot be accepted due to a lack of evidence to support it. An attorney can assist you in the process of building a strong argument in your favor and pushing back against the insurance company.

It is possible to file a lawsuit against a government agency in California if you were injured in an incident caused by the negligence of a government employee or agency, including an accident that took place on government property. However, the procedures and requirements for filing a lawsuit against a government agency may be different from those for private individuals and businesses – claims against the government may have a shorter statute of limitations and require additional steps, such as filing a letter of intent. Each government agency may have different requirements and deadlines for personal injury claims, so be sure to consult a California personal injury lawyer as soon as possible regarding your case.

In California, it is possible to file a personal injury claim even if you were partially at fault for the accident. California follows the pure comparative negligence rule, meaning that you may still be able to recover compensation even if you are partially at fault for your accident. There is no 50% or 51% bar to recovery, so you can still seek fair compensation even if you are 99% at fault. However, the compensation you may be entitled to may be reduced based on your percentage of fault. It is important to consult with a personal injury law firm to determine your legal options and the potential impact on your claim.