If you have suffered injuries in LA because of someone’s negligent action, you can file a personal injury lawsuit. Medical malpractice, nursing home abuse, dog bites, car accidents, slip & fall accidents – These are all examples of personal injuries. Right after getting injured in LA, you should seek medical attention. Before you file an injury claim, here are some aspects of California laws.
What can you recover through a personal injury claim?
If the other party owed you a “duty of care” and ignored the same, you can consider filing a personal injury claim. This is when your injuries are a direct result of their action. For example, if a driver was reckless and rammed into your car, they are liable for your vehicle damage and other losses. Through a personal injury claim, you can recover your medical bills, property damage, lost income, lost future income, and other losses. Typically, you cannot recover non-economic damages in a personal injury lawsuit, barring a few exceptions.
Understanding the statute of limitations
Like other states, California also has a statute of limitations. You have two years to file an injury lawsuit after an accident. If you don’t take action immediately, you will lose your right to win a settlement or claim compensation for your damages.
The comparative fault system.
California follows a comparative fault system. If you had a share in fault, your eventual settlement would be reduced by the fault in percentage. For instance, if you were 20% at fault for a car crash and were awarded $20,000 in a settlement, you can only recover $16,000 as the final compensation for your damages. While most cases are settled amicably through negotiations outside of court, a personal injury trial may be necessary for certain circumstances.
Consider hiring an attorney
While not mandatory by law, hiring a personal injury attorney will help your case. Lawyers are well-versed with the laws and know the local courts. They also know what it takes to negotiate with the other party. The good news is most law firms charge a contingency fee for personal injury cases. The lawyer will get a percentage of your settlement as their fee (ranging from 25% to 40%) only when they win. As such, you don’t have to pay an upfront fee. Also, lawyers will be happy to offer a free assessment of your case, which can help you understand the worth of your injury claim.
Check online for personal injury law firms in LA now!