Sustaining injuries from an accident is a traumatic event. Apart from dealing with excruciating pain, you need to leave work to seek medical treatment. Additionally, you’ll incur huge expenses from your medical bills and other overheads. When your injuries are due to another person’s negligence, you have the right to recover damages. A reliable California personal injury lawyer can help you file a claim and, at the same time, maximize your compensation.
What You Need to Know About Personal Injury Law in California
You may not be a lawyer, but still, you have the right to know the law, especially how it works. Below are the rules that you must grasp so you can protect your legal rights with the help of a personal injury attorney:
Understanding Tort Laws
California is a state that practices tort law. It’s a division of law that address civil suits. It has the exception of disputes which involve contracts. Tort law is supposed to be a restorative justice scheme since it seeks to rectify losses or injuries through monetary compensation. It has three main categories – negligent, intentional, and strict liability tort.
Under this tort, victim experiences harm and are often injured due to someone else’s negligence. The defendant failed to exert a reasonable standard of care.
The defendant deliberately or intentionally harmed the victim, causing injuries. It’s also the reason why the court sometimes awards this to the victim to deter the defendant from doing the same misconduct in the future.
Strict Liability Torts
This tort doesn’t concern the liability of the person who harmed the victim. If someone transgresses a particular act, that person or entity is liable for the damage done. It’s irrespective of the level of care wielded or their intentions.
Seeking Medical Help
You need to seek immediate medical attention after an accident, even if you don’t have a visible injury or don’t feel any pain. You could have an internal injury and don’t feel pain because of an adrenaline rush or confusion.
Moreover, it’s essential to get medical help, not just because of treating your injuries. Your medical records are one of the important documents required when filing a claim. The doctor’s statement or findings will influence the amount of compensation you need to receive.
Put Together Pieces of Evidence
Proof or evidence is the key to getting compensation in a personal injury lawsuit. Sad to say that some victims failed to preserve crucial evidence and couldn’t receive compensation. One of the benefits of hiring an efficient California lawyer is that they help preserve the evidence until it needs to be presented in court.
Aside from the ones you keep, he will gather additional evidence, such as taking pictures of the scene or footage. He will also get statements from potential witnesses to strengthen your case.
Reporting the Occurrence
Report the accident to the authorities right away. Like the medical report, you’ll need the police report as one of the necessary documents when filing a claim to recover losses and damages.
Considering the Statute of Limitations
California law allows victims to file a claim and get compensation. However, filing a claim has its limitation. Injured victims have two years to file a claim from the date of injury. Filing beyond the
allowed period loses the victim’s right to get compensation.
There are also instances when the statute of limitation may vary. Filing a claim against a government entity is earlier. Hiring a reliable California personal injury ensures that they will file your claim within the relevant time frame.
Bringing Your Case to Court
Not all personal injury cases go to court because some get settled for some reason. There are times when victims just accept the settlement the insurance company offered them. These victims don’t know the real value of their injury cases.
In some situations, a victim who has a lawyer gets a settlement outside the court. It could be that the insurance company paid the victim fairly and wants to avoid the hassle and trouble of bringing the case to court.
Need Help with Filing a Claim? Contact Big Ben Lawyers
Filing a claim is a complex procedure, which requires a lot of time, patience, and perseverance, not to mention knowledge of the law. Working with the best personal injury law firm like Big Ben Lawyers is the best decision you can make.
Our injury lawyers have an interest and background in Medicine, which could help establish a strong case for you. Besides, our years in the field enabled us to better and more effectively navigate various personal injury cases with insurance companies. It includes other parties involved in the case.
We fight for our clients until they get the justice and compensation they deserve. Contact Big Ben Lawyers at 818-423-4878 and speak with one of our compassionate personal injury lawyers. Call now, and we’ll evaluate your case at no charge. Besides, we work on a contingency fee basis.