Common Personal Injury LawsuitsPersonal injury law is a varied branch and it has many intricate laws that apply to specific scenarios. For example, normal personal injury lawsuits require you to prove that you were owed a duty of care. However, medical malpractice cases require there to be a doctor/patient relationship. This is a very important distinction; it saves doctors from needless lawsuits. There are specific points you must prove or unique pieces of evidence required for every case. A few of the most common incidents that result in personal injury claims include:
- Assault and battery cases where you were attacked and harmed by someone else
- Medical malpractice lawsuits where you were harmed by a doctor or nurse
- Automobile accidents with trucks, buses, cars, motorcycles, pedestrians, and more
- Alternative vehicle accidents with bicycles, scooters, and more
- Dog bite cases, which are very stringent for dog owners due to California holding the owners strictly liable for the actions of their pets
- Product liability cases where items malfunction or are produced with defects that lead to injuries
- Premises liability cases that may include slip and falls, falling tree branches, defective home parts, bed bug infestations, and more
How To Gather Evidence For A LawsuitIf you were in any kind of accident or incident that resulted in your injuries, you should try to gather as much evidence as possible at the scene and from your records. This will allow you to have a solid claim and will yield a better chance of success. You should immediately get medical treatment for any injuries you suffered. If you do not get treated, it will be easier for the insurance agent to dismiss your claim. You will also not run the risk of missing any injuries. You will need photos of your injuries, the damage to any belongings, the environment, the scene of the accident, the room you were staying in, and more. Videos can also be used to achieve the same success. Get eyewitness statements and reports from nearby individuals. Their testimonies can boost the reliability of your claim. File an incident report with the business or company if you sustained the injuries inside private property. The police may have come to the scene of the accident; if so, you could request a copy of the report when it is submitted to the station. If there was any surveillance footage or security footage at the scene, you could request copies of the film. Hold on to any important receipts, documents, proof of purchases credit card statements, and other papers that could benefit your claim. Write down the contact information of the responsible party, as well as his insurance details. You can contact one of our Santa Maria personal injury lawyers to assemble your evidence together and submit a demand letter to the insurance agency. We will walk you through the legal process and ensure that all of your evidence is preserved.
Learn more about your options for compensation by calling (213) 389-3765.
Personal Injury Claim RestitutionOur law firm can help you receive every penny you need to cover the various debts and expenses that racked up after an incident. We know that there could be many costs that continue to pop up because of the injuries you received and the inconveniences you were left with. We promise to strive to bring you the following:
- Medical expenses (surgery, hospitalization, anesthesiologist fees, ambulatory transportation, physical therapy, medication, structural changes in your home or apartment, making vehicle handicap accessible, and future medical procedures)
- Lost wages and reimbursement of future wages that will be missed out on
- Property damage and additional expenses to cover extermination, replacement of items, hotel fees, and more
- Pain and suffering damages if you were emotionally, psychologically, or mentally stressed and wounded in the incident
Statute of Limitations on Personal Injury ClaimsThe statute of limitations exists so that victims have ample time to sue and so that defendants won’t be targeted unreasonably long after the incident. If you do not file a lawsuit within this deadline, you won’t be able to pursue compensation. It is important that you file a claim quickly; your evidence will be preserved much better and any memories from witnesses will be clearer. For most personal injury claims, the statute of limitations is 2 years from the date of the injury. This is not the case in medical malpractice claims, though. For victims of medical malpractice, there is a 1-year statute of limitations if you have discovered the injury, or 3 years from the injury itself, whichever happens first. There is also the possibility that you had surgery and a surgeon left a foreign object in your body, such as a sponge or a medical utensil. If this happened, then you would have an unlimited amount of time to sue for those damages. If you intend to sue a government agency for damages, such as an assault by an employee or tripping on floors in government buildings, you only have 6 months from the date to take action. Further, there are some exceptions that can be made to the statute limitations. These generally occur when victims are under the age of 18 at the time of the incident; they cannot sue by themselves and must wait for an adult, but their statute would be suspended until they turn legal age. Those who have been involved in accidents and were left comatose, with decreased brain function, or with a mental breakdown can also have their statute prolonged until they return to health. Additionally, the defendant must be present in the state in order to sue. If he has temporarily vacated the state, the statute would be suspended until he returns. To determine how much time you have left on your statute of limitations or to figure out if you have any possible exceptions available, call our Santa Maria personal injury lawyers for more help. We’ll ensure that you are not in danger of missing any important dates.
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