You can file a personal injury lawsuit
if you were injured due to the negligence of another party. As a victim, you are entitled to various types of compensation for your damages. It can be difficult to win the compensation you deserve, though, especially if you attempt to wrestle a settlement from an insurance agent when you do not have legal experience. It is highly recommended that you look to a skilled and qualified Victorville personal injury attorney
who can successfully represent you and bring you what you deserve. Our law firm, the Downtown LA Law Group
, has handled thousands of cases and recovered hundreds of millions of dollars for our victims. If you are in need of expert legal representation, we are the firm for you.
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.
Our firm is more than equipped to handle all personal injury claims
that you approach us with. The main points to prove are that you were owed a duty of care that was breached by the responsible party, and that breach led to an accident that caused physical harm. If you were not physically injured, you will not be able to pursue a personal injury claim. Instead, you will only be able to secure damages for your lost property and wages.
The benefit to such claims is that you may not need an attorney because of the low costs and expenses you can receive. The insurance agent is more likely to negotiate when there aren’t large sums of money involved.
However, when medical bills and injuries are being disputed, the agent will always try to downplay the damage. It is crucial that you hire an Victorville personal injury attorney
who can handle your case and ensure that you get the treatment you deserve.
Gathering Evidence For Your Lawsuit
Your 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 Compensation
Civil 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
If you were deliberately harmed by the defendant or he acted in gross or egregious negligence, you could pursue punitive damages. These are additional sums of money meant to punish the defendant. They are often viewed as too severe o harsh, though, and you will only be able to win them with the assistance of a talented lawyer.
You can also receive wrongful death damages if a family member or loved one was killed in the incident. These damages can be funeral and burial costs, loss of consortium, loss of income and expected savings or inheritance, loss of relations, pre-death medical bills, pre-death pain and suffering, and more. Generally, parents of minors or spouses can file wrongful death claims, but there are various rules detailing who can rightfully sue.
If you wish to learn more, reach out to our law offices today. A personal injury lawyer in Victorville
will talk to you about the value of your claim and what you may be able to receive.
Statute of Limitations in California
You 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
Of course, because of these different time limits, it can be extremely confusing for victims to know when their deadlines are. For this reason, we highly recommend reaching out
to a qualified Victorville personal injury attorney
today who can tell you when your claim must be filed and when all your deadlines are approaching.
How We Help You
The Downtown LA Law Group
treats all of our clients like family. We place you at the top of our priorities list and we do not stop pursuing your rightful compensation until we are satisfied with the result. We aim to bring you the maximum settlement available under the law, and we are willing to go to court so our aggressive lawyers can uphold your rights as a victim.
For a free legal consultation
, call our law offices today. We are available around the clock and all of your personal details will be kept private and confidential. We will answer all your questions about your claim and what we plan to do to win.
If you hire us to take on your case, we will give you our zero fee guarantee
. This states that you won’t have to spend any money to have your case handled by us, from start to finish. We will cover the costs ourselves. If we win your claim, the insurance agency will take care of your legal bills. If we lose, you won’t have to pay us anything. You will never be in danger of losing your financial standing because of a lawsuit.
Our personal injury lawyers in Victorville
can make sure that you are properly covered. Talk to our lawyers at the Downtown LA Law Group