If you sustained injuries in an accident, you may be able to sue for your losses. This allows you to recover fair compensation for your medical bills, property damage, and other economic damages and non-economic damages.
However, not every injury case is the same. The most common types are car accidents, slip and fall accidents, pedestrian accidents, dog bites, motorcycle accidents, truck accidents, and medical malpractice, though they all have one key common factor – negligence.
For help with your case, contact personal injury attorneys Caputo & Van Der Walde. We have the skills you need to show that the other party’s negligence led to your injuries and damages.
What to Know About Personal Injury Claims
Before you sue for personal injury, you’ll need to meet the requirements to file your claim. Some people try to do this on their own, but involving a personal injury lawyer improves your chances of recovering maximum compensation.
Your injuries can be painful and may make it difficult to cope with life in the aftermath. Having someone with the right legal expertise working on the case means you can take the time to heal. Plus, a personal injury attorney will know if you’re eligible to file a personal injury lawsuit, the statute of limitations, who you can sue, and what damages you can seek in your case. Often, many people accept low settlement offers that do not cover all their financial losses that resulted from these injuries.
Statute of Limitations
One of the most important things to know when you’re considering suing for personal injury is the statute of limitations. You will need to file your lawsuit before this time limit ends. In California, this is two years from the date of the injury, which may seem like plenty.
However, evidence is best when it’s fresh, which is why it’s best to start your case immediately. Plus, in some instances, the statute of limitations can be extended or shortened. An attorney will know all the particulars about the statute of limitations and ensure everything is filed in time.
Who You Can Sue
In a personal injury case, you can sue the party or parties that directly caused your injuries. For example, you may have been involved in a truck accident where the trucker wasn’t the only negligent party. His trucking company may have improperly loaded the truck or failed to maintain the vehicle. In some cases, there will only be one at-fault party, but whether there is only one or several of them, your attorney will know who to sue.
To sue for personal injury, you must establish liability. Without it, you won’t have a case. As the plaintiff, you must prove the other party was negligent. Additionally, California has pure comparative rules that allow for sharing of fault. This could mean that if you were a little at fault yourself, your compensation would be reduced by that percentage of fault.
This is commonly seen in car accidents. For example, you may be going slightly over the speed limit but get hit by a driver who ran a stop sign. They would be assigned the majority of the fault, but you’d bear some of it, too. If it was determined you were 10% at fault, you’d receive 10% less of the total compensation award.
There are intricate rules for all kinds of personal injury lawsuits. With an attorney, you’ll have someone on your side to ensure you aren’t falsely assigned blame. In this way, you can recover maximum compensation for your injuries that were caused by someone else’s negligence.