Types of Accidents and IncidentsYou may wish to file a personal injury claim at any time if you have been hurt by the inattentive or negligent actions of another individual. This can happen on the road, in an establishment, at a club, or anywhere else. If you have been injured and the expenses racked up, it is wise to pursue legal action. Bear in mind that you will not be able to file a personal injury claim if you were not physically harmed in the incident. If you were merely kept from work or if your belongings were damaged, you could provide receipts and stubs showing the monetary losses to the insurance agent. There will not be a large amount to negotiate, and you will likely not need an attorney to handle such a claim. However, if you were hurt, the agent will likely dispute the medical bills and other costs. Victims often file personal injury lawsuits if they have been involved in the following incidents:
- Sexual harassment
- Assault and battery
- Car crashes
- Truck accidents
- Motorcycle accidents
- Injured by defective or faulty products
- Hurt as a result of medical malpractice by a doctor or nurse
- Slip and fall on property
- Dog bites
- Bed bug infestation
- Scooter accidents
- Rideshare accidents
- Pharmaceutical errors
Learn more about your options for compensation by calling (213) 389-3765.
What To Do After An AccidentAccidents and incidents of any kind are usually high-stress situations that make people confused and frustrated. It can be difficult to know exactly what do afterward, and your judgment may be clouded by fear and adrenaline. Fortunately, as long as you stay calm and level-headed, you will be aptly prepared to collect evidence for your claim and you will stay safe from further harm. You can perform the following actions after an accident:
- Go to the doctor to get medical treatment
- Do not speak with any insurance agents
- Do not accept compensation or payment ahead of time
- Take pictures of your injuries, the scene of the accident, and anything else that can be disputed
- Request a copy of any police report, medical note, doctor’s report, summary of treatment, incident report, etc
- Ask eyewitnesses to provide you with testimonies as to what happened or what they saw at the scene of the accident
- Take down the insurance details of the responsible party
- Contact a personal injury lawyer in Fountain Valley to handle your case for you
Statute Of Limitations For A LawsuitPersonal injury claims must be filed within 2 years of the injury in the State of California. This distinction is important. If an accident occurred on the first of the month, but the injuries did not show up until the next month, you would have two years from the manifestation of your physical injuries to sue, not two years from the day the incident occurred. In some circumstances, the statute of limitations may be extended past the two-year mark. Some forms of personal injury cases have this happen naturally, such as in medical malpractice cases where foreign objects are left in the body – there is no statute of limitations for such claims. Other changes include being underage at the time of the incident, which would allow minors to ignore the statute of limitations until they turn 18 years old; being mentally or physically incapable of suing, which would allow individuals to sue once they have recovered; and the defendant not being present in the state, which would postpone the deadline until he returned to California. Although two years may seem like ample time to sue, it can fly by and cause you to forget important dates. Contact our Fountain Valley personal injury attorneys if you need an attorney to file your claim for you and ensure that your deadlines are met. We will never be late on any filings when we handle your case.
Damages Resulting From A Personal Injury LawsuitYou should not be expected to pay for your own damages resulting from an accident if you were injured as a result of another party’s negligent action. The responsible individual should pay off your expenses if he caused you harm. Victims of accidents should reach out to our Fountain Valley personal injury attorneys to ensure that they are adequately covered after sustaining injuries. One of the most expensive expenses is medical bills – the costs of surgery, hospitalization, medication, and physical therapy can run you thousands of dollars, and your health insurance may not cover a lot of the total. The liability should rest on the individual who caused the injuries. You can also be reimbursed for the wages you missed out on at work due to your injuries. This lost income can also be recovered in the future, in the same way that medical treatments in the future can be covered as well. If your personal belongings were damaged or lost in the accident, the repair or replacement costs can be factored into the settlement offer. Your lost phone, damaged vehicle, ruined laptop, and other common items can be valued and repaid. You may have suffered psychological or emotional trauma after the incident, which can also be covered. Many victims wind up suffering anxiety, fear, PTSD, and other mental damages that can be covered. There are other, more specific forms of compensation that can be handed out in different cases and situations. For example, if you were targeted by the defendant and intentionally harmed, or if you were a victim of gross negligence, you could be awarded punitive damages, which area additional forms of monetary compensation that are meant to punish the defendant. These damages are often seen as unnecessary, though, and can only be won by a qualified lawyer. Further, there may be times when a family member or loved one passes away from his injuries from an incident. This can allow you to recover wrongful death damages to cover the funeral costs, medical bills and pain and suffering that occurred prior to his death, loss of consortium and relations, and reimbursement of lost wages and inheritance.
Learn more about your options for compensation by calling (213) 389-3765.For more help understanding what you could receive in a personal injury claim, speak with our Fountain Valley personal injury attorneys today. We’ll gladly tell you what we believe the value of your case is and what can be done to maximize your earnings.