Personal injury refers to a family of legal claims arising from damages caused by another party’s negligence or wrongful action. The resulting wound can range in severity and duration, including death.
People get injured every day, sometimes due to their carelessness, other times due to another person’s carelessness. Getting injured because of the negligence of others, even in the mildest manner, can cause problems for the injured person. So, if you get damaged due to another person’s negligence, you are entitled to the right to pursue a Personal Injury Claim. If you get injured in a car accident, slip and fall, or by a dog bite, you may be able to receive compensation for your injuries. In most cases, the person responsible for damages is liable for the lost wage, medical bills, and suffering and pain. Personal injury lawyers have the expertise to handle these types of cases and will represent you to recover your deserved compensation.
Personal injury claims are the most frequent claim made against insurance companies in the United States. The victim can create a personal injury claim if they have suffered physical or financial harm due to another party’s intentional misconduct, negligence, or recklessness.
Personal Injury litigation is common In the United States. According to data compiled by the National Law Journal in 2017, more than 12 million personal injury cases are filed in the United States each year.
The U.S. Tort System allows people who have been injured or lost a loved one through wrongful actions to recover compensation for their injuries and losses caused by the negligence of others.
As a Personal injury claim is a complex legal matter, you can feel lost as to where to begin. Below are things you need to know before filing a Personal Injury Claim.
Things you need to know before filing a Personal Injury Claims
- Statute of Limitations
In California, you can get all types of damages that can apply to your case. California State Law limits the type and amount of non-economic damages that the injured person/victim can claim. While California offers accident victims the opportunity to recover damages, the state determines the length of time a victim can receive a report. In California, the personal injury statute of limitations provides that a victim has 24 months from the injury to go to court to sue the person who may be at fault.
Further, to be on the safer side, you should file a report within 180 days of the incident in question. If you fail to file a report within six months, the court can refuse to hear your case at any point in the future, and your right to attain compensation will get compromised.
- Do you need to hire a Personal Injury Lawyer?
Since a lot of your health and financial costs ride on the Personal Injury claim, we will advise against filing the claim on your own. Many factors affect this, but the most important is insurance companies will always try to take advantage of your lack of expertise. In some cases, even if the damage you sustain is relatively minor to your injury, you should hire a lawyer because the insurance company or government agency can refuse to make an offer of a fair settlement.
How to File a Personal Injury Claim?
1) Get proper Medical help after an accident
Always seek medical care after an injury. A Medical Report ensures your safety and is an important part of your Injury Claims.
2) Get professional Legal Help
Attorneys often assist in handling personal injury insurance claims and the numerous legal processes associated with a claim that may arise. When looking for a personal injury lawyer to handle your claim, look for someone with experience in handling similar cases (if you get injured in a truck accident, try to find a lawyer who has represented claimants in similar circumstances and secured significant payouts). In cases such as medical malpractice, birth injuries, product liability, wrongful death, and other types of personal injury related to complex litigation against corporate defendants, you will need an experienced personal injury attorney. In most cases, a personal injury attorney can help streamline the process of filing a personal injury claim by removing much of the legal burden from you.
Personal injury claims are confusing and complex. That’s why San Gabriel Workers’ Compensation and Personal Injury Lawyers are here to protect your rights to assist you in filing your claim. So you get the proper settlement you deserve for your injuries. Call us at 626-602-9483 to schedule a free consultation!