A personal injury is anything that happens to you caused by another person’s negligence. This could be a car accident, slip and fall incident, or any other kind of action that causes harm to your person. They are some of the most common cases in the country. Read on to find out exactly what they are and how you pursue one.
Californian Personal Injury Lawsuits
Karns & Karns Personal Injury and Accident Attorneys have helped thousands of people with their personal injury lawsuits. So, we know exactly what could come up and why. There are multiple common types of personal injury in California.
- Slip and fall
- Car/truck/bike/pedestrian accident
- Intentional assault
- Domestic violence
- Workplace incidents
- Medical malpractice
- Product negligence
- Dog bite
How is Fault Determined?
There are some circumstances where the party causing the harm is automatically held up and asked to take responsibility. For example, if you are bitten by a domestic pet dog in California, the owner must own up and accept liability. This state even has a ‘strict liability’ protocol in cases such as this. Another example of strict liability would be in the varying cases of product liability. Should there be a defect with a product, any person can file a personal injury case against the manufacturer and be successful if they have the right kinds of evidence. However, in other cases like car accidents, things are noticeably more complex.
This is why things like evidence are crucial and non-negotiable. It is impossible to file a personal injury lawsuit without evidence. If you have any of the following, this can and should be brought forward to your attorney:
- Pictures of injuries
- Photos of the incident in question
- Receipts from relevant bill payments
- Witness accounts
- Police reports
- Medical records
Anything from the list above will show that your account of events is the true one and that your personal injuries are a result of someone else’s negligence.
Are Personal Injury Lawsuits Long?
Yes, and no. It all depends on how much dispute there is, what evidence is submitted, and how complex the situation is. So, if you are filing because your injury happened in a multi-vehicle collision, determining fault will naturally take longer, and therefore, so will the personal injury suit. However, if you slipped on someone’s property and you have evidence to show they neglected their duty of care, for instance, a photograph of the scene, things may be more straightforward. Whatever the case, the wheels of justice do not turn that fast. Be prepared for your case to last at least several months to years.
Am I Liable?
As a Californian resident, you are liable if you neglect your duty of care to the world around you. Although, if you were injured and were partly to blame, that doesn’t mean you can’t claim compensation. You will, however, receive less than you would in other circumstances. So, even if your injuries are severe and someone else was involved, you would still receive less compensation if you were also liable.
Filing a Personal Injury Claim
Before you file a personal injury claim, you must have enough reason and sufficient evidence. If you feel confident, talk to a personal injury attorney on our team to start the process officially. The first stage is to make an official filing for a summons document. This alerts whomever you are filing against that a lawsuit has been started. This will give them time to gather their own evidence, respond, and hire an attorney too. The summons goes hand in hand with the complaint which details exactly what the person is being accused of and why.
What Can You Claim During a Personal Injury Case?
If you are going to go ahead and pursue this legal venture, then you ought to know what you are claiming for before you start. A top personal injury law firm like us will be able to guide this process because there are never any guarantees. This means, that what you ask for compensation wise may be dismissed or counter offered. The best way to get things started is by calculating a potential settlement figure that would serve you in terms of compensation.
What Does It Consider?
Financially speaking, there are two sides of the coin when thinking about compensation determination. The first thought is how have you been physically affected by this personal injury? For example, have you been forced to take time away from the office? Are you losing out on essential wages? If the answer is yes, and yes, then you will be able to claim a higher amount of compensation. Things like medical bills, ongoing treatment, and damage to your vehicle are factored in as well.
Then, there is the question of mental wellness. It is not surprising that personal injuries impact your mental health. These are often big events that have a significant impact on how you feel, especially if things like your job continue to be impacted negatively too. Our accident injury lawyers will not attempt to put a price on your suffering, but it will be factored into the process in order to reflect a reasonable and relevant amount of compensation.
Steps to Take
So, if you are involved in an incident where you suffer physical or mental harm there are certain things that need to happen. You must seek medical attention, file a police report (if relevant), and take pictures if you can. Then, contact a personal injury attorney at Karns & Karns Personal Injury and Accident Attorneys to discuss the next steps.
A personal injury case is often the best solution for a tricky situation. If you are hurt by someone else’s negligence, it is only fair and legal that you are compensated for your losses and suffering. These are some of the most common cases in California, and as long as you have a great attorney and the truth on your side, we can get things started.
Karns & Karns Personal Injury and Accident Attorneys are a team of knowledgeable, experienced law professionals. We will help you with your personal injury case and determine the best path for your specific circumstances. Make an appointment and find out just how easy it is to work together.