What is a personal injury claim?
Personal injury claims result when one is injured because of the wrongdoing to another- many times this wrongdoing does not have to be intentional. For example, one of the most common personal injury actions in Los Angeles, and throughout the state of California, are car accidents. Other types of personal injury actions include but are not limited to slip and falls, trip and falls, motorcycle accidents, truck accidents, pedestrian accidents, dog bites, etc. As common as injury-causing accidents can be, the reality is that most victims are unfamiliar with the personal injury claims process, putting them at a disadvantage when it comes to getting the compensation they deserve. Here are some answers to some of the most commonly asked questions about personal injury law in California.
When Do Accidents Result in Claims?
In order to be legally actionable, an accident must be the result of someone else’s negligence. In personal injury law, negligence occurs when a person fails to use the degree of care that would be expected of a reasonable person in the same or similar situation. In addition, in some cases, when a person violates a law, and that violation was a substantial factor in causing injury to another person, that violation can be used to create a presumption of negligence.
How Long Do I Have to File a Personal Injury Claim?
A statute of limitations is a law that limits the amount of time that people have to file certain kinds of lawsuits. California’s statute of limitations for personal injury claims gives victims two years from the date of their injury to file a lawsuit. That said, if you did not discover your injury right away, you have one year from the date you discovered your injury to file a claim.
How Much is My Personal Injury Claim Worth?
Many victims understandably want to know how much compensation they will be able to recover for their injury claim. There are many factors that determine the value of a personal injury case in California, including:
- The severity of your injuries
- Your current and future medical expenses
- Your prognosis
- Whether you will have any permanent medical issues or disabilities
- Whether you were partially at fault for your accident
- Whether you can return to the job you performed before your accident
- What type of coverage is available to compensate for your damages
- Whether or not you have an underinsured motorist
Will My Case Settle Out of Court?
You may be wondering whether you will have to go to court or if your case will settle before a trial. While there is no way to know how any given case is going to resolve before it actually does, it is important to note that a very small percentage of injury cases actually goes to trial. Some of the reasons a case may go to trial include:
- There is a legitimate question as to liability for the incident
- The parties cannot agree on a reasonable settlement amount
- There is evidence that the person bringing the claim may have contributed to the accident
Call Us Today to Speak with a California Personal Injury Attorney
If you have suffered injuries in an accident caused by someone else’s carelessness, it’s important that you contact an attorney as soon as you can. At the Arshakyan Law Firm, we are committed to helping people obtain the compensation to which they are entitled under California law. To schedule your free case evaluation, call our office today at (888) 851-5005 or contact us online.