Common Causes For Personal Injury ClaimsYou may file a personal injury lawsuit if you were hurt as a result of the negligent actions of someone else. In order to successfully file a claim, you must show that you were owed a duty of care that was breached, and that the breach of duty led to an accident that caused you physical harm. If any of these points are false, your whole claim will fall apart. It can be hard to prove negligence without an attorney. Many people choose to file negligence-based lawsuits if they have been hurt in the following situations:
- Slip and fall instances, whether at stores, establishments, shops, or on public or private property, like sidewalks
- Medical malpractice accidents, wherein doctors or nurses have harmed them while staying at a hospital or while receiving treatment
- Automobile accidents, including rear-end crashes, head-on collisions, truck crashes, motorcycle accidents, T-bone accidents, bus accidents, and more
- Pedestrian, scooter, bicycle, and other types of crashes
- Dog bites and injuries inflicted by other pets
- Bed bug infestations in hotels and apartments
- Assault and battery and sexual assault
- Defective or malfunctioning products that have caused harm to users
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Key Steps To Take After An AccidentIf you are involved in any kind of accident, whether a car crash or a bed bug infestation, it is important that you follow a set procedure to have the best chance of success with your lawsuit. If you do not follow these steps, you may find yourself at a disadvantage upon taking legal action. Call paramedics or go to the hospital for medical treatment, even if you feel that you were not injured. Some injuries may take a few days or weeks to show up, or the incident may have aggravated a pre-existing condition. If you do not get medical treatment, it could be a red flag for the insurance agent, who may try to blame your injuries on another occurrence that did not involve his client. A gap can be avoided simply by going to the doctor as quickly as possible. Once you have gone to the doctor, you should keep any notes and reports to support your treatment and the reasoning behind it. You will find it prudent to take pictures of everything you can, including your injuries, the scene of the accident, the involved individuals, and more. You may also want to request any copies of surveillance footage, if available, and pictures and videos from eyewitnesses. You can also ask these eyewitnesses for their statements on the accident. If the police showed up to the incident, you could ask for a copy of the police report. You may have to wait for it to be finalized before you can receive a copy. Collecting the personal details and insurance information of the responsible party is also crucial. You should ask the liable individual for the best way to reach him and take down his policy number so you can file a claim with his insurance agency. Lastly, it is recommended that you reach out to a personal injury lawyer for help with your case. You can contact one of our attorneys as early in the process as you want; we can even walk you through the steps while you’re still at the accident. The benefit to hiring an attorney lies in the field of knowledge – if you plan on fighting for your rightful compensation, the road can be long and tough, and a lack of legal experience can be very detrimental and work against you. Our lawyers will do all we can to bring you the maximum compensation available. If you do not have representation, you may face extreme difficulty with your claim and find that the insurance agents will not be too willing to negotiate with you.
Earnings From A Personal Injury ClaimDepending on the circumstances of your case and the validity of your evidence, you could potentially receive maximum coverage for your damages stemming from the incident you suffered. The money can be used to ensure that you do not fall into any debts in the future, as well. We will work to win your case and bring you the following:
- Medical expenses from both the past and the future
- Property damage for personal belongings that were broken or lost
- Loss of wages from the past and future
- Pain and suffering for mental and emotional damages that you suffered
Length Of Time To Sue For Damages From An AccidentVictims of accidents have two years from the date of their injuries to file personal injury claims in California. This two-year deadline exists to ensure that claims are filed efficiently and do not sit around gathering dust; evidence can become difficult to handle and the details of the case may get murkier with time. The sooner you file a claim, the likelier it is that all the relevant and necessary details will be present, allowing proper consideration and litigation. Some common exceptions to the statute of limitations include the following:
- Age: Plaintiff was under the age of 18 years old at the time of the incident, which would allow the statute of limitations to be postponed from starting until he turned legal age
- Health: The mental and physical health of the patient is relevant to the case; if he was unable to adequately take action due to poor health or impairment, the statute would be suspended until he returned to functionality
- Location: The defendant must be present in the state in order for the plaintiff to file a lawsuit against him; if the defendant leaves the state, the time limit would be frozen until he returned from wherever he went
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