Los daños corporales son un área del Derecho basada en los daños que afectan al cuerpo. El daño físico es el principal fundamento de estas reclamaciones, y las lesiones pueden producirse de diversas maneras, ya sea en accidentes de tráfico, resbalones y caídas, situaciones de negligencia médicay mucho más. El caso será manejado por un abogado de lesiones personales y será tratado en la corte civil, o antes de tiempo con un acuerdo.

Tipos de litigios

Las demandas por lesiones personales pueden abarcar muchas lesiones. Es posible que pueda presentar una responsabilidad del producto claim against a company that sold you a defective product that caused you harm. You could sue an insurance agency if one of their drivers hit you and hurt your back. You could sue the doctor or the hospital in a medical malpractice claim if you were damaged during a stay. Other types of cases include resbalones y caídas, mordeduras de perro, chinches, accidentes en la construccióny mucho más.

Fundamento de una reclamación

Para presentar una demanda, debe conocer el concepto de negligencia. Sólo podrá ganar su caso de lesiones personales si puede demostrar que la parte contraria fue negligente en sus obligaciones y le causó daños. La negligencia puede establecerse como cierta a través de los cuatro puntos siguientes:

• Se le debía un deber de diligencia
• Se incumplió el deber de diligencia
• La infracción provocó un accidente
• El accidente provocó daños físicos

Cada punto lleva al siguiente, y si uno no es cierto, le resultará más difícil conseguir una indemnización. La parte más importante es el daño físico: si no sufriera lesiones en el incidente, no podría presentar una demanda por daños personales. Los daños pueden ser incluso menores, pero siempre que estén presentes, tendrá motivos para demandar.

Valorar un caso

The worth of a personal injury lawsuit is largely determined by the extent of the injuries you received. If your damages were extensive and caused you severe harm, and if they had a profound impact on your daily life and career opportunities, you could receive a sizeable sum. The insurance agent will weigh your injuries with other factors, such as who was at fault and how much income you would lose as a result of the accident, and come up with a value to present to your attorney. Your attorney will then negotiate a better deal with the agent, reject it, or ask you to accept it if you believe it’s enough.

Tipos de indemnización

By filing a personal injury lawsuit, you could collect numerous kinds of compensation in civil court. You may be able to receive coverage for your medical expenses from the past and future, lost wages at work from the past and future, property damage, and emotional pain and suffering. Further, if a loved one passed away because of the accident, you could file a wrongful death lawsuit, which would enable you to collect compensation for funeral and burial expenses, pre-death medical bills and pain and suffering, and loss of consortium and savings or expected inheritance. Additionally, punitive damages are a type of monetary compensation meant to punish the individual and prevent him from committing the actions again. These damages are purely monetary and are handed out in situations where the defendant acted in gross negligence or intended to cause harm.

Prescripción

Every personal injury case has a statute of limitations that must be followed. There are many statutes depending on the case, however; for example, you may have three years to file a claim if you were harmed in a hospital, but two years if the damages were the result of a car crash. There are various timetables that our attorneys can tell you about, and the defendant plays a part in them as well. Claims against the government are usually shorter, for instance, while claims against most individuals fall under the two year mark. There are also exceptions to these statutes; an exception is called a tolling of the statute and results in the deadline being extended to beyond the initial date. The most common causes of suspended deadlines include the plaintiff being underage, the plaintiff being mentally or physically unfit to file a lawsuit, and the defendant leaving the country or the state for a period of time.

Plazo de indemnización

A personal injury lawsuit can be handled anywhere within a few weeks to a few years, depending on the circumstances of the case. A clear cut lawsuit with an obviously negligent party is more likely to be resolved quickly than one that has a degree of negligence from the plaintiff. Attorneys will generally try to hurry the cases along as quickly as they can by staying in contact with the insurance agency and negotiating deals. The process may be lengthened if the insurance agent is resistant and refuses to pay anything out.

Autorrepresentación

Some individuals may want to try their hands at representing themselves in personal injury lawsuits. Although it is possible and acceptable to do so, we recommend against it. You must dedicate a large amount of time and energy to the case, and you must be willing to spend your own money to handle many parts of the process. You will also need negotiating experience and knowledge of the law. It can be daunting to represent yourself, and we advise you to seek legal counsel and hire a personal injury lawyer to take care of your lawsuit for you.

Para más información...

If you have other questions about anything that was not answered here, feel free to call our offices to speak with an attorney. We are available 24 hours a day, 7 days a week, and we will gladly answer any concerns you have. Prospective clients who have cases can also call us for a free case evaluation in which we’ll tell you what we believe we can win for you. If you already have an attorney, you can call us for a free second opinion. Our personal injury lawyers at Downtown LA Law Group are some of the most talented in the area, and we are here to bring you what you deserve from your lawsuit.