Understanding The Basics: What Constitutes A Personal Injury Claim? 

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What Constitutes A Personal Injury Claim

Injuries happen to people every day in a variety of ways. The thing that makes them a personal injury is when these physical, emotional, or psychological harms are caused by another person’s negligent or intentional actions.

In California, personal injury law protects the rights of injured parties. It gives them an avenue to pursue legal recourse by seeking compensation for the losses they’ve incurred through these events.

Common Types Of Personal Injury Cases In Campbell

At the Campbell office, there are many types of personal injury accidents that attorneys see on a regular basis:

Car Accidents

Car accidents, as well as motorcycle, bicycle, pedestrian, and bus accidents, are common in this area. Injuries from these accidents can cause a victim permanent effects for the rest of their life. If you are in any kind of motor vehicle accident that someone else negligently caused, you should not be stuck with a pile of medical bills or worry about how you’ll feed your family when your injuries prevent you from working.

Slip and Fall Accidents

At stores, restaurants, hotels, and other locations, hazardous conditions may cause you to slip, trip, or fall. Uneven surfaces and wet floors are common dangers that cause injuries to patrons. You should consult an attorney to help you with a slip and fall accident claim as you must prove that property owners knew or should have known about the dangerous condition that caused you harm.

Medical Malpractice

Healthcare professionals may have their hands full, but they should always give you the proper level of care. When one of them is negligent or engages in misconduct that causes you harm, you can hold them liable for your injuries. Common medical malpractice claims include misdiagnosis, prescription errors, surgical errors, and birth injuries.

Product Liability

Defective medications, car parts, and other products can also result in serious injuries. You may be able to file a product liability lawsuit that allows you to seek compensation from the manufacturer, distributor, or seller of the product that harmed you.

Dog Bites

In California, the strict liability dog bite law means that a dog’s owner will be held liable for your injuries if their dog bites or attacks you. It doesn’t matter if the owner had no clue that their dog would behave aggressively.

However, for all of these types of personal injury cases and many others, there are a few things that you must do to have a valid claim.

What Do Injured Victims Need To Prove To Have A Valid Personal Injury Claim?

The majority of personal injury claims will need to prove that another party behaved negligently. This involves proving that they owed you a duty of care, that they breached this duty, that the breach caused your injuries, and that you sustained damages from these injuries.

Car accidents are an easy way to illustrate these requirements. All drivers are expected to operate their vehicles safely. Therefore, every driver on the road owes all other drivers a duty of care when they get behind the wheel.

This legal duty can be breached in many ways, such as by texting while driving, drinking and driving, or speeding. When any of these behaviors cause an accident and the driver causes someone to be injured and leaves them with medical bills, property damage, lost wages, and mental anguish, it checks all the boxes required for having a valid personal injury claim.

Understanding Time Limits And Damages For Personal Injuries

If you’re not sure whether or not you have a valid personal injury case, it is wise to consult an attorney to learn more about your legal options. You shouldn’t wait, as there is a statute of limitations on these claims. You only have two years from the date of your injury to file a lawsuit, or one year from the date of injury if it was discovered some time after the accident.

If you miss the deadline, you can’t recover compensation for your medical bills. Your injuries may be serious enough to require you to hire help at home or miss work. You may not ever be able to work again in your former capacity, and you may be in constant pain. This is why it’s urgent to start filing your claim right away.

In personal injury cases, it is common to have economic and non-economic damages that your attorney will help you calculate. Since many injured victims do not think about the future of their medical care, it is important to have a lawyer work with you on these calculations.

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