Common Types of Personal Injury LawsuitsThere 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:
- Assault and battery
- Dog bites
- Bed bug infestations
- Dangerous drug lawsuits
- Medical malpractice
- Automobile accidents
- Pedestrian accidents
- Bike and scooter crashes
- Premises liability
- Slip and fall
- Product liability
- 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.”
Learn more about your options for compensation by calling (213) 389-3765.
Procedure After An IncidentIt 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 (213) 389-3765.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 LawsuitYou 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 VictimsYour 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)