Forms of Personal Injury ClaimsYou may be involved in any number of accidents or incidents. Most claims have their own specific name and target. They will depend on the type of accident, where it happened, who was at fault, and more. Our personal injury attorneys in Irvine have years of experience in personal injury law and we have handled myriad different cases. We can help you in cases with simple negligence or those involving strict liability. Talk with us about your case and we’ll help you get started. Some of the personal injury areas we handle include:
- Dog bites
- Bed bug infestations
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Sexual assault
- Assault and battery
- Slip and fall
- Premises liability
- Product liability
- Prescription drug errors
- Medical malpractice
Proving Your LawsuitIn order to file a personal injury lawsuit against the responsible party, you must be able to show that you were the victim of negligence. To do so, you must show these four points as true. Bear in mind that if even one of these points is established to be false, your entire claim will fall apart. The four points are:
- You were owed a duty of care
- The duty of care was breached by the party
- The breach of duty resulted in an accident or incident of some sort
- The incident led to your actual physical injuries
- Seek medical treatment as quickly as possible, even if you feel that you were not hurt (a lengthy gap between the accident and the treatment can be a red flag for insurance agents, as they can blame the injury on another incident)
- Take photos of your injuries, the scene of the accident, the damage to your belongings, and any other evidence that can be preserved with pictures or videos
- Keep any receipts, documents, notes, credit card statements, and more
- Hold on to any contracts or signed agreements
- If applicable, get a copy of the police report from the incident
- Interview eyewitnesses and bystanders for their statements and testimonies to corroborate and support your claim
- Do not accept any compensation, free perks, benefits, or other forms of gifts from the responsible party, as they can claim that they fairly compensated you and additional compensation is excessive
- Record any insurance information, contact details, personal details, and other necessary information so you will have no trouble identifying who was at fault and who will be the target of the claim
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Lawsuit CompensationA personal injury lawsuit can result in you getting ample compensation for your damages. If you were injured in any kind of incident, you could sue the responsible party and be properly reimbursed for the various debts and expenses. Our Irvine personal injury attorneys will work around the clock to make sure you receive full restitution for your losses. We will see to it that you earn:
- Coverage for medical expenses from the past and future (surgery, ambulatory transportation, hospitalization, x-rays, anesthesiologist fees, physical therapy sessions, medication and prescription drugs, and more)
- Reimbursement of the wages you lost from not being able to go to work, as well as coverage for the wages you will not be able to earn because of additional medical treatments or time spent away for recovery
- Payment for damaged property and belongings, like your furniture, vehicle, laptop, cell phone, and more
- Pain and suffering damages, which cover the emotional and mental trauma you suffered in the incident, such as anxiety, PTSD, fear, psychological trauma, and more
Time Limit on Personal Injury CasesOften, victims of accidents and incidents will be unable to receive the compensation they deserve because they were unaware of when the statute of limitations ran out for their claims. It is crucial that you pay careful attention to these dates and identify when your case will no longer b eligible. In California, you have 2 years from the date of the injury to file a claim against the responsible entity. However, if you plan on filing a medical malpractice case, you have 1 year from the date of the injury or 3 years from the discovery of the injury – unless there was a foreign object left in your body during surgery, in which case, you will not have a statute of limitations on your claim. There are other ways that the statute of limitations can be extended. Examples include:
- Age of the plaintiff: Plaintiffs under the age of 18 do not have to adhere to the statute of limitations until they turn legal age, as minors cannot file lawsuits.
- Status of the plaintiff: If you were greatly injured and left mentally or physically unable to file a claim, you would not have to adhere to the statute of limitations until you returned to functioning and capable health.
- Location of the defendant: If the defendant vacates the state or leaves the country, you will not be able to take legal action. Thus, the statute would be put on hold until he returned to the state.
- State of war: If the country entered a time of war and the party or parties had to serve in the military, the statute would be suspended until their duty is over or until the war ceases.
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