Millions of individuals are harmed each year in various accidents ranging from car crashes to slip and falls in businesses. Some of the accidents happen due to lack of attention from victims, but other times the incidents can be blamed on the negligence of some responsible party. In these situations, you can take legal action against the party that was supposed to exhibit a modicum of care for you or for strangers. You should not be expected to pay for expenses and debts relating to an accident if you were hurt because an entity made an error. You should pursue a personal injury lawsuit if you were injured, and our team of Oceanside personal injury lawyers at the Downtown LA Law Group is properly equipped to handle your claim.
Types Of Personal Injury Lawsuits
There are many ways that you can be injured, and therefore, equally as many ways to sue the responsible party. Our clients often come to us with requests about different types of lawsuits, and we have numerous practice areas and experience in various parts of personal injury law.
Victims often suffer these common accidents:
You may be able to sue different parties and representatives. For example, if you were hurt in an accident involving a truck driver who was on his delivery route, you would likely be able to sue the company that he is employed by instead of just the driver himself. You would also be able to sue a store if an employee did not properly clean a floor and you fell.
It is important that you understand the right defendant in your claim. If you need to determine who the proper party is to sue, you can contact our Oceanside personal injury lawyers
for more assistance.
Injuries and Harm from Accidents
Some accidents are more likely to result in specific injuries than others are. For example, you would not suffer the same damages in a bed bug incident and a car crash. Both would result in their own unique set of damages. The level of your injuries will play a factor in your settlement value.
Some injuries we have seen from different accidents and incidents include:
- Bed bug bites and welts
- Broken bones
- Spinal cord injuries
- Neck injuries
- Slipped and herniated discs
- Knee and hip injuries
- Traumatic brain injuries
- Severed limbs
- Paraplegia and quadriplegia
- Nerve damage
- Torn muscles
- Aggravation of previous injuries
- Mistaken surgeries
- Undiagnosed diseases and illnesses
- Bruising and abrasions
- Crushing injuries
- Puncture wounds
No matter what kind of injuries you suffered, you should pursue compensation from a personal injury lawsuit. Your injuries may be so severe that you can no longer work, and medical expenses may quickly stack up and put you into debt. If you have long lasting injuries, you should seek ample restitution. Our personal injury lawyers in Oceanside can help you.
How to File a Personal Injury Claim
If you wish to file a personal injury lawsuit, you must show that the responsible party was negligent. There are four points that must be proven; they are:
- You were owed a duty of care by the responsible party
- The duty of care was breached or violated in some manner
- The breach of duty led to an accident
- The accident caused you to suffer physical injuries
The presence of physical injuries is important; without actual harm, you won’t be able to pursue a personal injury claim. Instead, you will only be able to receive compensation for missed wages and damaged property. You may not need an attorney for such damages, though, as most insurance agents are willing to work with you on such low amounts, as there is not much room to negotiate.
However, you will need to gather evidence if you wish to file a claim for injuries. You will need to have ample proof of your injuries, so you should have photographs and videos showing the damage.
More importantly, though, you will need proof that you went to the doctor and received some form of medical treatment. You could be helped by paramedics, admitted to an emergency room, or be treated by your primary physician. The important part is the timeframe – if you were hurt, you should get help as quickly as possible so as to minimize the time between the treatment and the injury. The longer you wait, the more likely it is that the insurance agent will be dubious and claim that you were hurt elsewhere.
You should have pictures and videos of the scene of the accident and other hard evidence, such as proof of bed bugs, pictures of broken sidewalks, recordings of defective products not properly working, and more.
You can also have pictures of secondary damage, such as your damaged car, personal items, home, and more.
If there were any witnesses who saw the incident occur, you should ask them for their statements and testimonies to back up your claim. It will allow you to have more than one perspective and voice backing up your lawsuit. If the police showed up to the accident, such as in a car crash, you can request the police report. You may have to wait for the precinct to file and finalize it.
Make sure to write down any relevant contact information and personal details from the responsible party, or file an incident report if it was an accident with a company or business. You can also hold on to receipts, proof of purchase documents, and more to show an exchange of money.
If you need assistance at any point, feel free to contact our personal injury lawyers in Oceanside. We’ll be glad to walk you through the process and help you gather the evidence you need to file a sufficient claim against the relevant party.
Statute of Limitations for a Personal Injury Lawsuit
The statute of limitations for personal injury claims in California is 2 years from the date of the injury. However, if you were underage at the time of the incident, you do not have to adhere to the time limit until you turn 18 years old. The defendant must also be present in the state, and if he leaves, the deadline would be extended to match his return. Further, if you were mentally or physically unable to sue due to your injuries, you could wait out the statute.
It is also important to understand that not every type of claim has a set limit. Medical malpractice claims, for instance, must be filed within 1 year of the discovery of the injury or 3 years from the injury itself, unless a foreign object was left in the body – in which case, there is no statute of limitations.
Our lawyers can help you determine how much time you have left to sue. We will make sure you do not face any possibility of missing a deadline.
Personal Injury Claim Compensation
A personal injury lawsuit can result in worthwhile restitution for your damages. We will work around the clock to secure you the following:
- Coverage for medical bills from the past and future
- Coverage for damaged or lost property
- Reimbursement of lost wages from the past and future
- Reimbursement of specific costs, like hotel fees, extermination costs, structural changes, and more
- Pain and suffering damages for PTSD, anxiety, fear, emotional trauma, psychological scarring, and more
- Punitive damages in the event the party intended to harm you or acted with gross negligence, but these damages are hard to secure and can only be won by a skilled attorney
- Wrongful death damages, including funeral fees, loss of expected inheritance, loss of consortium, pre-death pain and suffering and medical bills, and more
It is recommended that you seek out the assistance of an attorney who has ample expertise in personal injury claims. Our Oceanside personal injury lawyers have been handling such lawsuits for years, and we know the best methods for winning your case. We will strive to bring you the maximum compensation under the law.
The Right Firm for Your Lawsuit
Our qualified personal injury lawyers in Oceanside
at the Downtown LA Law Group
have been recovering millions of dollars for our clients since we began practicing law. We are aggressive in our pursuit and will do all that’s necessary to win your case, even going to court if we have to. To speak with an attorney in a free legal consultation, call our firm today. We’ll answer all your questions and help you understand the legal process.
By hiring us to represent you, you will receive our zero fee guarantee, which is a promise that you won’t touch your own funds throughout the case. We will only get paid if we win, and the payment will come out of the settlement we win for you. However, if we lose, you do not get charged anything at all. No matter what, your finances stay the same.
To speak with our Oceanside personal injury attorneys
, get in touch
with our representatives at the Downtown LA Law Group