Legal Basis for a Personal Injury Lawsuit

When you are hurt because of someone’s failure to exercise reasonable care, you may have grounds to seek monetary damages from a personal injury lawsuit. In order to sue the other party, you must have suffered bodily injury, significant psychological trauma, and/or damage to personal property. Incidents that can provide the basis for a personal injury claim include, but are not limited to:

• Car accidents (or accidents involving trucks, buses, motorcycles and other vehicles)
• Slip and fall incidents
• Trip and falls
• Injured pedestrian
• Animal attacks, such as dog bites
• Defective product injuries
• Surgical errors and other forms of medical malpractice
• Assault and battery
• Sexual assault
• Bed bug bites / infestations
• Helicopter and plane accidents

Any one of these incidents can leave the victim with severe injuries and emotional trauma. To be eligible for compensation, you must prove that the defendant (the party at fault) owed you a duty of care. The defendant breached that duty of care by failing to take reasonable measures or deliberately acting in a dangerous manner. Because of their choices, you suffered one or more injuries that resulted in financial losses. You also have the right to file a property damage claim without injuries, like compensation for your car being hit by someone while it was in a parking lot.

For more information on how you can obtain compensation for an accident, contact a personal injury lawyer in Redlands, CA.

What Steps Do I take after an Accident?

An accident can shake you to the core and affect your ability to think clearly. It’s very easy for accident victims to shrug off any offers for help and go straight home so they can forget about what happened. We understand the urge to hide, but doing so can hurt your chances when it comes to a personal injury claim. To give yourself possible chance of recovery, go to a hospital right away to receive treatment for your injuries. Along with protecting your health in the long run, you want to establish medical records that can be used as proof of the harm that resulted from the incident.

We also recommend that you take photos of any injuries, along with the accident scene, making sure to capture any property damage to yourself and other people / structures in the area. You may also want to record video footage using your phone, as it can serve as a backup or additional evidence to the photos.

Depending on the location of the accident, you may need to file an accident report with the owner / manager of the premises. If you were in a car accident or victimized in a criminal incident (sexual assault, for example), call 911 and file a police report.

In addition, reach out to a Redlands personal injury attorney, who can locate evidence on your behalf, put together a compelling case, and secure the payments you are entitled to.

Monetary Compensation in a Personal Injury Lawsuit

Recovery of monetary funds is the primary objective when you are left with debts from medical bills and other expenses after an accident. By filing a personal injury claim, you can seek payment in the form of monetary damages, such as:

• Medical expenses for doctor’s appointments, surgery, medication, physical therapy, etc.
• Compensation for damaged or lost property
• Value of lost income from your job due to your medical needs / limitations after an accident
• Pain and suffering to compensate you for your emotional and physical suffering.

• Legal fees, like the cost of hiring a personal injury attorney

• Punitive damages if you bring your case to trial and the defendant is guilty of gross negligence

If you are a surviving family member of someone that died from an incident caused by another party, you may be interested in filing a wrongful death lawsuit. This is a legal action that provides loved ones with funeral expenses, pain and suffering, loss of consortium, and other types of compensation. A negligent death attorney at our law firm can talk to you about your rights and how to move forward with a liability claim.

The laws in California required accident victims to file a lawsuit within 2 years of the accident date. However, the deadline can be shorter or longer, depending on your personal circumstances and the entity you are suing. If, for example, you have a case against a city, county, or state agency (police department, public library, city park, etc.), a claim for compensation must be filed within 6 months of the event. Medical malpractice lawsuits also have different deadlines, which can be anywhere from 1 to 3 years.

There’s no need to stress if you are trying to determine the statute of limitations for a personal injury case. Our legal team is here to answer all your questions, 24 hours a day, 7 days a week.

As an accident victim, you may assume that the cost of legal fees is not something you can afford during this time. However, clients at our law firm never pay a retainer or on-going fees throughout their case. The Contingency Fee Arrangement ensures that you do not pay out of pocket, as all of our expenses are contingent on winning your case. Either we obtain your settlement and receive a percentage of the funds, or we make $0, and you walk away without losing a single cent.

If you are in need of legal advice from a personal injury law firm in Redlands, contact DTLA Law Group and schedule a free, private case review.

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