How Do I Sue For Personal Injury In California?
If you have been injured in an accident, whether it is a car accident, train accident, or bus accident, you have the right to file a lawsuit against the negligent party. The steps you take after an accident are very critical in making sure that you get the justice you deserve. Failure to take a specific step may cause you to lose your entire case, and you may not be able to collect a single dollar from the at fault party.
Fortunately, California has several laws in place that are very straightforward for those who want to file a lawsuit. However, there are several different requirements that a plaintiff, also known as the party filing the lawsuit, has to make sure are fulfilled.
After being injured, you may ask yourself “now what?” We know just how difficult and stressful it may be to be involved in an accident. You may be thinking: How do I hire an attorney? How much do attorneys cost? How do I file a lawsuit against the negligent party? How do I figure out who the responsible party is for my lawsuit? Our top-rated personal injury attorneys will be able to assist you and guide you through all the necessary legal steps to make sure that you get the justice you deserve. If you have been involved in any type of accident, contact our car accident attorneys immediately to make sure that we get started on your claim.
What is personal injury?
Oftentimes, the words “bodily injury” and “personal injury” are used together. Bodily injury is a phrase that is specifically used for criminal cases when referring to what the victim has suffered in the violent crime. For example, if the crime included battery, then the word “bodily injury” would be used to describe what the victim suffered when filing charges against the defendant.
Personal injury is more often associated with civil lawsuits. Personal injury refers to the different types of injuries that the victim suffered as a result of another party’s negligence. Usually, the most common type of lawsuit involves a negligent defendant who caused the accident.
What type of damages can I recover for my personal injury lawsuit?
The different types of damages you could recover from your personal injury lawsuit include economic and non-economic damages.
Economic damages refer to those types of damages that are easily calculated. Examples of economic damages include:
- Medical bills
- Physical therapy
- Prescription medication
- Hospital bills
- Past lost wages
- Future lost wages
Non-economic damages are those types of damages that are not easily calculated and it is up to the jury to decide what emotional harm the victim suffered. This includes:
- Emotional distress
- Pain and suffering
What are the different types of personal injury claims?
There are several different types of personal injury claims, and accidents almost always happen. The most common types of accidents our experienced personal injury attorneys have come across include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and fall accidents
- Trip and fall accidents
- Pedestrian accidents
- Bus accidents
- Defective product accidents
- Construction accidents
- Workplace accidents
- Airbnb accidents
- Hotel accidents
What is the goal of personal injury lawsuits?
Personal injury lawsuits are meant to compensate the victim for the losses they have suffered. This takes into consideration several different types of losses, as mentioned above. Personal injury lawsuits are filed to hold the defendant responsible and accountable for their actions.
What are different key terms used in a personal injury lawsuit?
- Liability: when a personal injury lawsuit is filed, both parties work to determine who the liable parties are. The plaintiff will have to prove that the defendant was liable and caused the accident, whereas the defendant would have to raise the defense as to why the accident occurred. If there are several parties involved, liability may be very difficult to calculate, and thus our experienced accident attorneys will step in to make sure a thorough investigation is conducted as to who the negligent parties are.
- Statute of limitations: statute of limitations is a time limit used for each different type of case that is filed in the California court system. Each state has a different type of statute of limitation that determines when a personal injury action is filed. The different types of accidents have different time limits set in place. For example, after a car crash in California, you have three years from the date of the injury to file a lawsuit against the defendant. However, this time may change. For example, if you are filing a lawsuit against a government entity, you have six months from the date of the injury to file the lawsuit. For more information to determine when the statute of limitations are for your case, contact us today.
Why do you need a personal injury attorney?
No matter what type of accident you have been involved in, it is very important that you get the necessary care you deserve. Especially if it is someone else’s fault, you deserve to be compensated for all your medical bills and other expenses you have incurred. You should not have to feel like you are going through this alone.
How do I file a lawsuit for personal injuries in California?
Below are some steps you must take in order to make sure that you have filed a successful personal injury lawsuit against the at-fault party.
- Seek medical care immediately. After an accident, it is very important that you seek a medical evaluation to make sure that you have not suffered any type of injury. In order to recover any type of compensation from the negligent party you must have proof that you have suffered injuries and were examined by a medical provider.
- File your lawsuit with the appropriate venue. There are three different types of venues where you could file a lawsuit. This depends on the circumstances of the situation. For example, if you were injured while on the job and are seeking workers’ compensation benefits from your employer, you may have to file a lawsuit within the division of workers compensation appeals board. If you have suffered damages that are less than $10,000, you must file a claim under the small claims court. If you have suffered damages above $10,000, then you must file your lawsuit in the California civil court. To determine what specific type of venue you must file your lawsuit in, contact our California top-rated personal injury lawyers today.
- In order to file a lawsuit, you must show that you have legal standing. Legal standing means that you have legal capacity, you are older than 18, and you are mentally competent. The next step is to show that you are a person or a legal entity, such as a corporation or a business. The next step is to show that you have some type of involvement in the lawsuit, whether you were the injured victim or the defending party.
- Hire an experienced attorney. This is one of the most important steps when filing a lawsuit. You want to make sure that you have a top accident attorney representing you through every step of the way. Experience and education are one of the most important factors that you should be looking for when hiring your next accident lawyer.
Contact our car accident attorneys today to see how we can help you with your accident claim. Whether it is a car accident, bicycle accident, or pedestrian accident, our attorneys will be there for you every step of the way while you seek compensation for your injuries.