It is normal to desire to do everything to set things right when you get injured. It means filing a personal injury claim and receiving the money you need to cover your medical bills, lost income, and other costs related to your injury. While this maybe the right decision for some people, there are some limitations you should be aware of before filing a personal injury claim.
Personal Injury Claims
A personal injury claim is a civil lawsuit. It gets filed by an individual who has gotten injured due to the negligence or wrongdoing of another party. The injured person can file a claim against the party they believe handles their injuries to recover damages, including compensation for medical expenses, lost wages, and pain and suffering.
According to the United States Department of Justice website, in 2013, there were more than 2 million personal injury claims filed in the United States. This number is likely much higher now, as it does not consider personal injury claims that get settled out of court.
There are numerous reasons why an individual may choose to pursue a personal injury claim. Some people may have gotten injured in an accident that was not their fault, while others may have suffered from an illness or injury that was not their fault either. If you have been hurt and wish to pursue compensation, contact us at San Gabriel, Personal Injury Attorney.
Limitations Of Personal Injury Claims
When you are injured, it is natural to want to seek justice and compensation for the harm done to you. Filing a personal injury claim is one way to do this, but there are some limitations you need to be aware of.
1. You have a limited time frame to file a claim.
If you get hurt in an accident, you only have a limited time to submit a personal injury claim. In most states, the statute of limitations for personal injury is twenty-four months. If you miss the deadline, you will certainly lose your right to file a lawsuit. A personal injury attorney can help you understand your rights and guide you through the process of filing a claim.
2. You may not be able to sue the party at fault.
In some cases, the party at fault in a California personal injury claim may not get sued. It is due to a law known as the doctrine of comparative negligence. Under this law, the party who was partially at fault for the accident can still recover damages, but their injuries will get reduced by the percentage of fault attributed to them.
This law can be challenging, especially when determining who is at fault in an accident. If you get injured in an accident, contact an experienced San Gabriel Personal Injury lawyer to find out if you can sue the party at fault.
3. Your injury may not be severe enough to warrant a claim.
If you have gotten hurt in a non-fault collision, you maybe wondering if you have a personal injury claim. Many people get taken aback to discover that not all incidents result in personal injury claims. Your injury must meet specific criteria to have a legitimate personal injury claim. For starters begin, your injury must result from another person’s negligence.
Secondly, your injury must be severe enough to warrant legal action. Minor injuries that do not cause any long-term damage or disruption in your life do not qualify for a personal injury claim.
4. You may not be able to get compensation for certain types of injuries.
There are a few types of personal injuries for which you cannot get any form of compensation. They do not get considered injuries due to someone else’s negligence. For example, if you suffer a personal injury due to a disease that you contracted, you will not be able to get any form of compensation. It is because the injury was not a result of someone else’s negligence.
5. The at-fault party may not have insurance
In some cases, the at-fault party may not have insurance, complicating things for the victim seeking compensation.
If the at-fault party does not have insurance, the victim may have to pursue compensation through the legal system. It can be a complex process, as the victim will likely need to file a lawsuit and go to trial. Additionally, the sufferer may require the assistance of a personal injury lawyer to assist in navigating the legal procedure.
6. Only a tiny fraction of Personal Injury Claims get litigated.
Almost of personal injury claims are resolved amicably. Only a few of these claims proceed to trial. The plaintiff and defendant both desire to avoid a lengthy and expensive trial. Generally, both parties will reach an agreement that is beneficial to both. Most personal injury cases get resolved amicably. Only a sliver of these claims proceed to trial.
The plaintiff and the defendant want to avoid a costly, time-consuming trial. Both sides will agree that it benefits both parties most of the time.
If you consider filing a claim, it is essential to understand these limitations to make an informed decision. If you have any questions, please don’t hesitate to contact us at 626-602-9483 or visit our San Gabriel Workers’ Compensation and Personal Injury Attorneys website. We would be happy to help.