Understanding Personal Injury Claims
I’m Ed Smith, a Citrus heights personal injury lawyer. Residents of Citrus Heights or the surrounding area can face financial loss when they or their loved one is injured. However, when that injury has been caused by negligence, they may be able to recover reasonable compensation to cover their expenses.
What Is the Basis of a Personal Injury Claim?
According to the American Bar Association, an individual, company or other entity has the duty to take reasonable care to avoid injuries caused by accidents. On occasions when that duty has been breached, the injured party may be recompensed for the expenses the accident caused. In the area of products liability, negligence does not have to be proved. An intentional wrong done to an individual may also be pursued in civil court for damages. This can occur even though the offender was charged in criminal court.
Is There a Time Limit to File a Claim?
In California, the statute of limitations to file for a personal injury is two years. However, if the claim is against a government entity such as county or state government, the time to file is reduced to six months. This type of claim falls under Section 911.2. An experienced personal injury lawyer in Citrus Heights can explain the process, and help ensure that a claim is filed within the time limit.
Types of Personal Injury Claims
- Motor vehicle accidents where negligence is shown. In California when both drivers are found partially liable for an accident, a percentage of blame can be assigned to each. For example, if one driver is found to be 20-percent responsible for an accident, he or she may still collect 80 percent of the awarded damages. This also applies to the other driver. For example, let’s say the other driver is responsible for 30 percent of the damages. That driver may also collect damages, minus the 30 percent for the assigned fault.
- Slip, trip and fall injuries. These may occur on private property, in a store or at a local, county or state locale. Proof of injury must be supplied to make a claim.’
- Medical malpractice: This refers to negligence on the part of a physician or other health care provider such as a hospital that resulted in harm to the patient.
- Products liability: Products are expected to be safe and not cause harm to the person using them. Financial damages from an injury caused by a harmful product can be reimbursed.
- Dog Bites: A dog owner is expected to take reasonable precautions to prevent the dog from harming another individual. Injuries caused by a dog bite are classified as a personal injury.
- Wrongful death: The death of an individual due to negligence also falls under the category of personal injury law. The spouse, children or other relatives of the decedent may make a claim for fair compensation. An experienced personal injury lawyer can explain what is involved.
Citrus Heights Personal Injury Lawyer
I’m Ed Smith, a Citrus Heights personal injury lawyer. If you or someone in your family has suffered a personal injury, I am here to offer my friendly and free advice. Call my office at (916) 921-6400 or (800) 404-5400.
Knowing how others view a legal practice can help you decide who to call. Find my reviews as an injury lawyer at Yelp, Avvo and Google. Some of our previous cases are at settlements and verdicts on my site, AutoAccident.com.
I am a member of the Million Dollar Advocates. This group includes trial attorneys who have won settlements and verdicts of more than $1 million.
Photo Attribution: https://pixabay.com/en/courtroom-benches-seats-law-898931/
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