Being injured in an accident can be very stressful. In California, when you are injured because of someone else’s negligence, you may have the right to file a claim against the person who caused the accident. Your claim may cover a variety of injuries, including injuries that have not yet occurred. a california personal injury attorney Review your case and help you determine your rights and options.
What is a Personal Injury Claim?
A personal injury claim is a lawsuit. An injured person, called a plaintiff, files his claim against the party who caused the injury. The defendant is the person, company, or entity against whom the lawsuit is brought.
In these suits, compensation is sought for the injuries and damages the plaintiff has suffered or will suffer. The common thread in personal injury claims is that someone’s negligence caused an accident, and that caused someone else to be hurt.
Identifying who is at fault for an accident is important because California is a “fault” liability state. An injured person can file a claim against the “at fault” party, but he or she should know that any contribution they made to the accident is taken into account. this idea is called comparative negligence, If an injured party has contributed to the accident through any kind of negligence, their damages and recovery may be reduced by their degree of responsibility.
Figuring it all out can be stressful and confusing. A lawyer can assess the facts of your case and advise you on how to proceed and if you have a claim.
What Kind of Damages Can I Get for Personal Injury?
The cost of a personal injury case and what can be recovered depends on the type of injury a person has suffered. California law Allows the injured person to recover damages from the “guilty” party. Let’s review some of the types of damage a person can fix.
are first compensatory Harm. It is further divided into “General Damages” and “Special Damages”. Common damages are non-economic damages, also known as pain and suffering. Special damages are monetary damages such as medical bills, lost income, future income and earning capacity, and other expenses incurred due to accident and injury.
The second type of damages is punitive damages. These are rare and can be very difficult to obtain. California allows recovery of punitive damages when a plaintiff can show clear and convincing evidence that the defendant acted malice, harassment, or fraud, The case must usually involve intentional harm or extreme negligence by the defendant.
consult an attorney
The law relating to damages is complex. If you have been injured, it is imperative to consult with an attorney who understands the law surrounding damages. Damages are often the most important aspect of your case. California has a time limit on filing a personal injury claim in California. you usually have two years, with a few exceptions. We understand the importance of promptly addressing your claim. contact us today For free consultation.