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Personal Injury FAQs

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What is the deadline for filing a personal injury claim in California?

The statute of limitations for personal injury lawsuits in California depends on the type of claim. The statute of limitations for most personal injuries is two years from the date the injury occurred. However, there are some exceptions, such as delayed discovery or if the victim is a minor at the time. An administrative claim must be filed with the government within six months after discovery. Other requirements apply to government claims.

How Much Money Can I Expect To Recover For My Injuries?

The total damages awarded in a personal injury case are determined based on several factors. These can include: 1) the nature and extent of your injuries; 2) how long it took to heal; 3) whether any medical treatment was necessary; 4) lost wages; 5) pain and suffering, and 6) future medical care costs. If the jury finds that the defendant acted with malice or fraud, they may also award punitive damages.

Can I Get Compensated For Emotional Distress?

Yes. Emotional distress is compensable under California law. You must prove that: 1) you suffered emotional distress because of the accident; 2) the emotional distress resulted from the accident, and 3) the emotional distress was caused by the negligent conduct of the person who injured you.

Is There A Cap On What I Can Collect For My Injuries?

No. If you were injured due to someone else’s wrongful act, you could collect whatever you can prove you deserve. This includes money for past and future medical bills, lost income, pain and suffering, and more. There are limits in medical malpractice claims, but not personal injury claims. A good personal injury lawyer will explain this to you and work with you to make sure you get the compensation you deserve.

What if I don’t know who was responsible for my injuries?

If you don’t know who was at fault for your injuries, you should consult with an experienced personal injury attorney. They’ll help you determine which party might be liable for your injuries. Then, they’ll work to identify those parties and pursue their legal rights against them.

What is a personal injury lawsuit?

A personal injury lawsuit occurs when a person suffers harm because another person has violated a duty to be responsible to others. Examples of this include car accidents, slip-and-fall incidents, dog bites, and unsafe products. Personal injury lawsuits involve two types of claims: negligence and strict liability. Negligence refers to situations where someone failed to exercise reasonable care and caused harm to someone else. Strict liability means that a product manufacturer or seller is legally responsible for any harm caused by its defective design or

Shouldn’t my insurance company cover my expenses after an accident?

Your insurance policy does not automatically cover all of your expenses related to a car accident. Your policy may only provide partial coverage for your accident-related expenses. It’s important to understand exactly what your policy covers before you make any decisions regarding your accident-related expenses, including hiring a personal injury lawyer.

Is a personal injury trial going to get me more money than a settlement?

Settlements are usually less expensive than trials. However, sometimes, a trial can result in a larger judgment. A trial can also take longer to resolve. So, it’s always best to consider all factors before deciding whether to settle or go to court.

How do I prove fault in a California personal injury lawsuit?

In general, the plaintiff (the person bringing the lawsuit) must show that the defendant (the other party being sued) was negligent. The plaintiff must prove that the defendant breached his or her duty to the plaintiff and that this breach caused the plaintiff’s injuries. To win a personal injury lawsuit, the plaintiff must prove these elements by a preponderance of the evidence. The preponderance of evidence means that the evidence presented must be more likely true than false.

How much money will I get?

The amount of damages you receive depends on many different factors, such as how badly injured you were, how long you need medical treatment, and how much your medical bills have increased since your accident. You can hire a personal injury lawyer to help you figure out how much you should expect to receive from your claim. 

How much is my case worth?

It depends on several factors, including who is at fault for the accident, how serious the injuries are, how much time you’ve spent recovering, and how much your health has deteriorated due to the accident. An experienced personal injury lawyer can give you an estimate based on these factors.

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