If you or someone you know has been injured due to the negligence or fault of another person, then you may qualify for compensation under California personal injury laws. A personal injury is any type of injury, illness, disease, or emotional upset caused by the negligent or intentional misconduct of another person. In most personal injury cases, it is the negligence of another individual that causes the injury. However, there are also cases when the victim is actually the one responsible for the accident because he or she was the subject of reckless behavior.
There are many common scenarios that can result in personal injury lawsuits. Some common defenses that can be available for a defendant being sued for personal injury claims based on negligence include: The statute of limitation expired; The negligent conduct did not exceed the amount of negligence that was expected; There was no actual damage to the plaintiff’s property; And finally, the victim was not acting unreasonably or like a reckless person at the time of the accident. But if these excuses apply, then the defense is usually dismissed. When hiring a personal injury lawyer is another important consideration.
Usually, victims who are filing these injury claims do not know when to hire a lawyer. The rules of civil litigation are such that the defendant is supposed to first prove the negligence on the part of the entity sued in order to obtain compensation. If the defendant can not produce any evidence of negligence, then the victim will have to seek damages from all the parties involved in the accident. The statute of limitation can extend as many years as the lawsuit is filed. Plus, there is also a time limit on how long the negligence has to be ignored.
Many people file compensation claims when they receive serious injuries or suffer from chronic ailments because of the negligence of others. The personal injury lawyer will be able to help you obtain sufficient compensation that will cover all medical bills, lost wages, future medical bills, and more. In many cases, the compensation sought by victims will be very substantial. These lawyers can also help their clients obtain the necessary financial assistance to cover the medical bills as well as other associated costs. This can make it easier for the injured victim to get on with his or her life after suffering injuries caused by someone else’s negligence.
In personal injury cases, the main goal of the defendant is to show that the plaintiff’s claim for damages is “unjust.” The court system looks at each side of the story and tries to find what damages are fair to the plaintiff. Sometimes the judge or jury will assign an amount of compensation based on the extent of the victim’s injuries. However, there are other situations where the court can actually award the damages even without a jury decision. If there is sufficient evidence to show that the defendant’s negligence resulted in the accident, then the court can order the company to pay damages regardless of whether there is a jury verdict.
Although most of these cases result in victory for the plaintiffs, the defendant may sometimes appeal the court’s decisions. It is always wise to consult with a personal injury lawyer when filing a personal injury lawsuit. The lawyer can provide the needed information and guidance on the best way to proceed with your case. He or she will also be able to provide guidance as to the chances of success when it comes to receiving compensation for medical expenses, lost wages, and other related expenses. A good lawyer will be able to use California laws to his or her client’s advantage and give them the best possible chance of getting the right amount of compensation to cover their own personal losses and that of their loved ones.
This article was written by Alla Tenina. Alla is a top personal injury lawyer in Orange County CA, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.