It is not uncommon for individuals who have been hurt to file a personal injury claim against the liable party. These victims are searching for compensation and coverage for their damages. You should pursue legal action and monetary compensation if you were hurt because of another party’s negligence, but you should not do so alone. Our law firm, the Downtown LA Law Group, will gladly help you file your claim and will represent you to the end of your case. Our team of Upland personal injury attorneys
has years of experience handling such cases and we will not give up until we bring you what you deserve.
Common Types of Personal Injury Lawsuits
There are many ways that you can be hurt, and as a result, there are equally as many forms of lawsuits you can file against the responsible party. You could have been injured while at work, while in traffic, or while walking down the street. No matter what kind of circumstance, you can talk with our Upland personal injury lawyers to figure out what kind of claim you should file and how to go about having the damages covered.
Some forms of personal injury lawsuits we have filed over the years include:
Each case has its own specific laws attached to it, but in general, you must show that you were owed a duty of care, the duty of care was breached, the breach of duty led to an accident, and the accident resulted in physical injuries. Some additions or differences include:
- Premises liability: The owner must have caused the hazard, knew about the hazard and chose not to fix it, or should have reasonably known about it but was negligent or careless in his examinations.
- Product liability: The product must have had a manufacturing error, design flaw, or lack of hazard or warning signs on the packaging.
- Medical malpractice: There must have been an established doctor/patient relationship between the parties.
- Dog bites: Dog owners are strictly liable for the actions of their dogs; there is no “one-bite rule.”
For more in-depth discussion on your case, call our personal injury attorneys in Upland.
Learn more about your options for compensation by calling (888) 649-7166.
Procedure After An Incident
It is very important that you follow a procedure to have the best chance of success in your lawsuit after you have been hurt. Each situation may have slightly different steps, but generally, you will want to follow these tasks:
Go to the doctor, call the paramedics, or otherwise get any kind of medical attention as quickly as possible
after the incident so you can be properly treated for your damages. Insurance agents tend to claim that those who did not get swift treatment were not that injured as they claimed or that they were hurt in another event.
Take photos of your injuries so you have proof of the extent of damage you suffered
. You should also take pictures and videos of everything possible to show additional damages, damages to the environment, the way your property was ruined, and more.
Interview eyewitnesses and bystanders
to get their input and testimonies on what happened. They may also have suffered similar fates; in some cases, you can file a class action lawsuit if enough people are on your side and suffered the same or similar injuries as you did.
If the incident happened at a business, you can request the surveillance footage from the security cameras
, if it’s available. You should also be sure to file an incident report with the company to prove that you were a customer or in the place of business.
You may have a paper trail from the incident, which can include receipts, bank statements, emails, proof of purchases
, medical notes and bills, and much more. These documents should all be contained and organized to submit to the insurance agency.
You should not throw away or return key items that can be used in your claim
; holding on to products or broken items can bolster your lawsuit and prove just how badly you were hurt due to the defective nature of the items.
Get started today by calling (888) 649-7166.
The police may have shown up to conduct an investigation in some cases
, such as in car accidents and assaults. If they came to the scene, you can request a police report from the station after it has been finalized and submitted.
Always be sure to collect the necessary contact information and insurance details
, if possible, from the responsible party. This will allow you to sue the correct entity. You will not have to search extensively to find your correct defendant.
It is in your best interest if you contact a skilled Upland personal injury lawyer who can handle your case for you. Often, clients are confused on what to do and may not know the best way to go about filing a lawsuit. You may not have any legal experience at all or have the knowledge of how to negotiate. Our team of attorneys can ensure that your case is successful and that you are properly compensated for your injuries.
Deadline To File A Lawsuit
You do not have an unlimited time to file a claim for a personal injury lawsuit. Statutes of limitations are in place to ensure that evidence is kept relevant and is not lost while defendants are not targeted years after incidents have occurred.
In California, there is a 2 year limit to file a claim against a responsible party. If you do not adhere to this time frame, you will be prevented from acquiring any compensation in the future and will not be able to pursue a claim. Your lawsuit will be thrown out if you miss the deadline.
There are a few exceptions to this 2-year limit, though. Minors and those left physically or mentally incapacitated do not have to follow the statute until they are legally of age and functioning or healthy, respectively. Further, the defendant must be in the state when you plan to sue; if he is not, the time limit will be suspended until he returns.
You may not have the 2 years, though, if you file a claim against a government entity. In this case, you will only have 6 months to sue. Further, in medical malpractice cases, you only have 1 year from the date of the discovery of the injury or 3 years from the injury itself, whichever happens first.
If you are unsure of your statute of limitations or whether or not you are eligible for any exceptions, you can call our personal injury attorneys in Upland
for more help. We will file your documents for you and ensure that you do not miss any important deadlines.
Personal Injury Lawsuit Compensation For Victims
Your lawsuit can result in various types of compensation depending on the circumstances of your case. You may be able to have the various damages and expenses totally paid off, as well as extra costs from additional incidents. For instance, a medical malpractice case could result in you requiring extra therapy, but it could also cause you to completely revamp your life. You may be permanently injured or paralyzed, which could require you to start using a wheelchair; in turn, you would need to make your home and vehicle accessible to assistive devices. These costs can be covered in your lawsuit. You could also have third-party costs, like exterminators, covered.
Our attorneys will strive to bring you the maximum restitution available, which can include the following:
- Medical bills for surgery, hospitalization, physical therapy, medication, and more
- Future medical treatments
- Lost income from days of missed work
- Reimbursement of future wages if you needed additional treatments and had to miss work
- Property damage for any personal items, belongings, vehicle, electronics, books, and more that could have been lost, damaged, or broken in the event
- Pain and suffering damages to cover mental anguish, PTSD, anxiety, fear, and emotional distress
- Wrongful death damages in the event a family member or loved one died in the incident, including funeral and burial expenses, pre-death medical bills and pain and suffering, loss of consortium, loss of relations, loss of expected savings and inheritance, and more
- Punitive damages if the defendant acted in gross negligence or tried to harm you, but these additional amounts of monetary compensation are not handed out too often as they are commonly viewed as unnecessary or excessively harsh (despite being used as a substitute for jail time)
Your claim’s value is determined by the degree of your injuries, the impact they had on your life and career, the additional damages and expenses racked up, your age, and your level of responsibility or blame for the incident. If you were somewhat accountable and can be held partially negligent, the value of your lawsuit could diminish.
Our Upland personal injury attorneys will strive to negotiate a fair deal for you from the insurance agency. You may not have any negotiating experience and the insurance agent may very well toss your claim out without considering it. With our representation, though, you will be guaranteed to have an attorney in your corner who is working to protect you and ensure that you are not mistreated by the insurance agent.
Free Second Opinion
At times, clients come to us with questions about the average value of lawsuits or the success rate of certain claims. They primarily ask these questions so they can compare their own cases to the averages. This is not generally a good idea, as each case is different and there are many varied circumstances can sway the results. However, most clients ask because they already have legal representation and want to know if they are being treated fairly by their attorneys.
Sadly, many lawyers elect to sign up many cases at once so they can breeze through them, negotiate small deals, collect their shares of the settlements, and move on to the next batch. This is quite unfair to clients and only serves the firm and the insurance company. Victims should not be treated in such a way; we believe these lawyers are acting in bad faith and are not doing all they can to help their clients.
If you have a lawyer and you want to know if he is doing a fair job or if your claim is not being given the attention it deserves, call our law offices. We will give you a free second opinion on your lawsuit and tell you what we feel you can do moving forward. We will even help you switch firms if you feel the need; our Upland personal injury lawyers
will be glad to take you in.
The DTLA Law Group’s Promise
The Downtown LA Law Group
will proudly represent you if you were injured due to another individual’s negligence. We will go to court if necessary to fight for your rights and we will not stop pursuing every penny for your damages until we are completely satisfied with the result.
To learn more, call our offices for a free legal consultation
. You are encouraged to ask us questions and we’ll give you the answers you need. We’ll also tell you how much we feel we can win for your claim. If you hire us for our legal services, we will make sure you do not pay any out of pocket expenses during the case. We will not get paid unless and until we win, and if we lose, don’t earn any money whatsoever. Your financial status won’t be negatively affected because of the lawsuit.
Get in touch
with our firm to speak with an Upland personal injury lawyer today