If you are a victim of an accident and someone else is responsible for your injuries stemming from that accident, you have every right to seek compensation. Having said that, filing a claim and recovering damages for your injuries is not as straightforward as you may assume.
Is it Easy to File a Personal Injury Claim?
Personal injury laws in California are quite intricate, and victims often encounter several hindrances on the way to recover damages. Seeking compensation involves a fair understanding of the legal complexities.
A competent personal injury attorney can help you understand the laws applicable to your situation, and the steps you need to take to file and recover sufficient compensation. With the help of your lawyer, you must be able to compute your losses and determine negligence on the part of the other person.
The Building Blocks of a Personal Injury Claim
If someone is responsible for your injuries, it's prudent to seek legal help as soon as you can. These are the elements you need to help you establish a personal injury claim:
Your Involvement in an Accident
To initiate a feasible personal injury claim, the first step is to establish your involvement in an accident. The accident could have been at your workplace, on the road, or even your own home.
Typically, personal injury claims originate from these types of accidents:
- Motor vehicle accidents such as those involving cars, trucks, motorcycles, and pedestrian knockdowns.
- Slips, trips, and falls
- Dog bites and attacks
- Product-related accidents
- Job site accidents, including those on farms and construction sites.
Apart from these, personal injury claims may arise out of many different circumstances.
The Injuries You Suffered
Seeking a personal injury claim necessitates evidence of an injury that requires medical treatment. If you sustained broken bones, a concussion, or any serious physical trauma, you may have the basis of a financial compensation claim.
Someone's Fault or Negligence
To claim compensation for your losses, you need to prove that someone else was responsible fully or even partially for causing the accident. Depending upon the circumstances, there may be more than one negligent party and multiple instances of faults.
The Time of the Accident and the Time of the Claim
Personal injury claims in California, fall under a two-year statute of limitations. You will be unable to file a personal injury lawsuit if more than two years have elapsed since your accident.
Evidence in Your Possession
You must gather as much evidence as possible both at the scene of the accident and later, including photos of the accident site, photos of your injuries, the contact information of witnesses, communications between you and the insurance company, and more.
Medical Treatment for Your Injuries
Medical records that establish the link between the accident and your injuries are crucial for your attorney to seek damages in your lawsuit. You must consult a doctor soon after the accident, and keep all the bills and records of your medical treatment.
Other Losses You May Have Suffered
A financial compensation case considers losses over and above the medical treatment for your injuries. These may include the loss of earning capacity, or the cost of long-term therapies resulting from the injuries.
Should I File a Personal Injury Claim or Not?
Typically, there is some hesitation on the part of personal injury victims to hire an attorney. This may be due to a concern about the costs or the apprehension of inconvenience. If you or someone you know, has suffered injuries in an accident, we advise you seek legal counsel from an experienced personal injury attorney who can guide you through the right course of action.
Contact a Kann California Law Group Personal Injury Attorney Today
If you have concerns about the potential costs of a personal injury lawsuit, contact us for a free and confidential consultation. The attorneys at the Kann California Law Group have comprehensive insight into California's personal injury justice system. We can represent you in Ventura County, Los Angeles County, and many other parts of Southern California. Call us at (888) 744-7730 or contact us online today.