What is a Personal Injury case?
A personal injury case is primarily based on personal injury law, a legal framework that offers a way for injury victims to get better compensation for his or her injuries and find justice. There is the Tort Law, personal injury law covering accidents, intentional acts, sexual assault, defective products, and defamation. Every Los Angeles personal injury claim has two main issues – liability and damages. Was a person responsible for the injury or damages, and what became the nature of the damages? Accident cases contain the concept of negligence. Negligence is a failure to execute the care that a normal man or woman would do in situations similar to the accident. One need to display four factors to set up negligence:
Duty is a legal obligation requiring that people or organizations exercise a general of reasonable care while performing actions that might harm others. It can be many things, including a health practitioner providing care or any other motorist using their car. The defendant does not need to understand the plaintiff to owe them a duty.
The breach is a violation of the duty. The defendant breached the duty by failing to behave as a “reasonably prudent person” would. In different words, the defendant must have acknowledged that their actions might cause injury to others. 3. Causation Causation is the connection between the breach of duty and the injury or harm suffered. For negligence to be established, the injury must result from the breach.
Damages are actual injuries due to the breach of duty.
How do I know if I have a claim?
While it's not the only requirement, the injury needs to be someone else's fault and a result of their negligence. Physically seen injuries aren't necessarily required for a personal injury claim; attacks of defamation, emotional distress, or the expectancy of damage might all be grounds for filing a personal injury lawsuit against that person. Another aspect to keep in mind is whether or not the injury created compensatory damages, like medical fees or lost earnings. If all of these things are true, you then definitely have a personal injury case. It is usually recommended that you talk with professional Los Angeles injury lawyers immediately.
Who can file an injury claim?
When the willful or negligent act of another person or entities cause someone to suffer an injury, that person may file a claim under personal injury law. Each state has different laws detailing what qualifies as a personal injury. For example, workers’ compensation covers any injury that occurs at work. To better determine whether your situation qualifies under California law, contact the Los Angeles accident lawyers at Discovery Law Group to schedule a free consultation.
California personal injury laws
California is a comparative negligence state. Comparative negligence laws provide a means to divide fault and assign fault between all the parties involved. Under these laws, a plaintiff can be awarded damages even if their own negligence contributed to the accident. In a lawsuit, a plaintiff’s damages would be reduced based on their share of fault – for example, if you are found to be 25% at fault in a $100,000 settlement, you would receive $75,000. An example of this would be a drunk driving defendant proving negligence on the part of the plaintiff because they had a tail light out. California also follows the pure comparative fault rule, which means that even if the defendant is found to be 99 percent at fault, they can still collect on damages.
Is there a time limit on filing the claim?
California law requires a victim to file a claim or lawsuit within a predetermined amount of time from the date of injury. This is known as a “statute of limitation” and it differs according to the type of injury. Here’s a breakdown of the maximum time frames you can file in Los Angeles, CA.
Injury to Person – 2 years
Libel/Slander – 1 year
Trespassing – 3 years
Fraud – 3 years
Damage to Personal Property – 3 years
Legal – 1 year from discovery; maximum of 4 years from the act
Medical – 1 year from discovery; 3 years if injury is known
Veterinary – 1 year from injury/death of animal
How long will my case take?
Every personal injury case is different, some can settle very quickly while others may take years to complete. This often depends on defendant you are dealing with. If you are dealing with an insurance company, they will often try to pay you as little as possible to resolve your claim and offer pennies on the dollar for what your case is actually worth. Other defendants, especially in defective product, dangerous drug and medical device cases, may need to go to trial to be settled. It is vitally important to work with a Los Angeles personal injury law firm that will not settle your case for less than it’s worth just to get a quick result. If a company is not dealing fairly with you, taking them to trial may be the only way to secure just compensation for the harm you have suffered. At Discovery Law Group, our trial lawyers have significant experience taking cases to trial against large companies and winning. We have secured over $1 billion for our clients in the last 10 years and set records along the
How long will it take to get the compensation?
In general, it can take anywhere from several weeks to several months for you to receive your settlement check. This variance in time results from several factors, including how long it takes for the attorneys to negotiate the final settlement paperwork, if you have medical liens that need to be negotiated and how long it takes the defendant and/or its insurance company to process the payment.
Do I need a personal injury lawyer?
If you are considering filing an injury claim, a personal injury attorney can make a significant difference in the outcome. Statistically, plaintiffs who hire an accident lawyer receive higher settlements than people who represent themselves. Our trial lawyers have the knowledge and experience to handle negotiations with insurance companies and if necessary, take your claim to trial. We are well known for our experience in the courtroom, our success rate, and high verdicts.