What You Should Know about Personal Injury Cases in California

In the state of California, if you were injured in an accident or a willful act that was not your fault, you may have a personal injury claim. The largest number of personal injury claims in California stem from automobile accidents, pedestrian accidents, motorcycle accidents, medical malpractice, and manufacturing and design defects. To have a claim, you should prove that the injury was the fault of another person or company in a California court of law.

California courts look for evidence that the accident was partially or totally the fault of another person or organization. To determine who was negligent, they look for evidence of recklessness or carelessness on the part of the other person or party. If the court determines that the other party is at fault, you or your loved ones may collect compensation from that party.

The compensation that you may be entitled to includes compensation for your medical bills, compensation for lost wages if the accident put you out of work for a period of time, compensation for lost earnings if the accident left you unable to pursue your former line of work, compensation for a decreased quality of life, and compensation for pain and suffering.

If you die as a result of your accident, your family may be entitled to this compensation, though, there are more restrictions to what they can collect. For instance, they can collect on your lost earnings if your income contributed to the family finances and for your medical bills, but they may have a more difficult time collecting for pain and suffering or decreased quality of life.

California applies a statute of limitation to personal injury claims. This statute of limitations usually covers two years from the date of the accident. If the injury was discovered after the accident, such as the case of a brain injury that went undiscovered for a period of time, you have one year from the date of discovering the injury. Yet, the burden of proof is upon you to demonstrate that your injury resulted from the accident.

It is necessary to hire qualified, reputable legal counsel to pursue a personal injury case in the state of California. You have a much better chance of gaining compensation if a lawyer represents your interests. When selecting a lawyer, look for one that specializes in personal injury claims. Your attorney should also have an excellent record of successfully gaining compensation for his or her clients.

Mr. Hamdam, Encino personal injury lawyer, provides legal services for many kinds of personal injury cases, and can guide you as well.


June 5, 2013 | Author: | Posted in Immigration laws

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