What Are Common Personal Injury Lawsuits?There are many different types of personal injury claims, each with specific laws and needs for a lawsuit to be successful. Our firm is able to take on virtually any case relating to personal injury. We know the ins and outs of the law and how to best succeed with your claim. Some of the lawsuits we have handled included:
- Automobile accidents: These claims, often involving cars, trucks, motorcycles, and pedestrians, are extremely common. Car crashes are among the leading causes of death in the country; there are over 6 million car accidents per year. Automobile accidents may result in lawsuits against insurance companies or against businesses if the driver was working or driving commercially.
- Medical malpractice: When doctors or nurses make errors and harm patients, you can take legal action against the healthcare facility. In order to successfully sue, you must establish that there was a doctor/patient relationship between the plaintiff and the defendant.
- Dog bites: Dogs that are unleashed or violent may bite other people or animals. There is strict liability in California for dog owners; there is no one bite rule that lets dogs off the hook at the first offense.
- Bed bug infestations: Bed bugs can be present in many areas, including hotels and apartments. Any hospitality industry or property owner must ensure that the habitat is safe and healthy for tenants, and if there are any vermin or similar pests, the owner can be sued.
- Premises liability: Slip and falls, trips on broken sidewalks, damages from falling branches, falls down defective stairs and steps, and more can all be a part of premises liability. To sue, you must show that the property owner knew about the hazard or issue and elected to do nothing, caused the hazard, or did not know but reasonably should have through adequate inspection or awareness.
- Product liability: Items and goods that you purchase must not be defective in any way or cause damages when used. If there are issues and you intend to sue, you must be able to show that the item was either manufactured with a defect, designed with a defect, or did not have adequate warnings or hazard signs on the packaging or box.
- Assault and battery: Assault can be verbal, while battery is generally the physical violence. Many individuals commit assault and battery after having been drinking for some time or indulging in such substances that lower inhibitions.
Gathering Evidence For Your LawsuitYour personal injury lawsuit should have ample evidence of the damages you suffered. The evidence you gather will be different from claim to claim, but you should still adhere to the same procedure, more or less. You should always get medical attention as quickly as you can after the incident. It will be beneficial to your claim if you have no gap between the injuries and the treatment; the agent won’t be able to claim that you were hurt elsewhere or that you weren’t actually injured. You should then hold on to all medical notes, reports, receipts for treatment, doctor’s recommendations, and more. This will all be used as evidence for your treatment and what kind of compensation you should receive. You will need photos or videos as well of whatever you can manage. This may include pictures of your injuries, the scene of the incident, the defective item, the infestation, the environment, and more. If you can hold on to certain hard evidence, like defective items or parts, you should do so, as you will not need numerous photographs. There may have been various eyewitnesses or bystanders who saw the incident happen. There may also be surveillance or security footage if the incident happened at a business or near private property outfitted with such devices. You can collect this footage and these statements and testimonies to back up your claim. You may also find it beneficial to request a copy of the police report if the cops came to the incident. If the accident happened at a business, you should file an incident report with the company so both you and the business have a record showing that you were hurt and tried to alert management. If you paid for anything, like a hotel or a meal, you should show that by providing bank statements, credit care statements, receipts, and more. Proving that there was an exchange of money will help your claim. You should acquire the contact information and insurance details of the responsible party. This will help you file a claim against the right entity and not waste time trying to find out which insurance company you will have to sue. Our Victorville personal injury lawyers can gather all your evidence together for you and write a demand letter to be sent to the insurance agency. We will walk you through the process if need be and we will gladly represent you from start to finish.
Personal Injury Lawsuit CompensationCivil cases can only result in financial compensation for your damages, not additional punishment for the defendants. Thus, you can only have various expenses covered, and only debts that are a result of the incident. For example, we will strive to win you compensation for some of the following, where applicable:
- Medical bills from the past and future
- Extermination fees
- Vacation reimbursement
- Back pay on rent
- Lost income from the past and future
- Property damage
- Restructuring of your home
- Pain and suffering costs
Statute of Limitations in CaliforniaYou do not have an unlimited amount of time to file a lawsuit for civil compensation in California. For the most part, you only have 2 years from the date of the injury to file a claim; missing this deadline means you will be unable to get any compensation in the future. There are some circumstances in which the statute is extended or decreased, though. They are as follows:
- Medical malpractice lawsuits must be filed within 1 year of the discovery of the injury or 3 years from the injury itself
- Medical malpractice cases involving foreign objects left in the body have no statute of limitations
- Minors do not have to adhere to a statute of limitations until they turn 18 years old
- Individuals who have been injured and left mentally or physically compromised can wait until they become healthy or functional again before adhering to the statute of limitations
- Plaintiffs who discover the defendant has left the state can wait until he returns for the statute to resume or kick off
- Claims against government entities must be filed within 6 months of the injury