By: Claims Attorney
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Personal Injury Claims
Personal injury claims are lawsuits that may arise when someone suffers harm as a result of an accident or injury and another person might be legally responsible for causing that harm. The people around you, the companies that make the products you use and the drivers traveling on California’s roadways owe you a certain duty of care and they are legally obligated to take reasonable steps to satisfy that standard of care and avoid causing injury to you or anyone else. If someone else’s negligent or wrongful acts cause you harm, you have the legal right to hold that person or party accountable for your injuries by suing them in civil court. This type of lawsuit is known as a personal injury claim. For more information about filing a personal injury lawsuit in California, contact our knowledgeable legal team today.
What is a Personal Injury Case?
The main concept behind a personal injury claim is that someone else has caused you to suffer harm or injuries, which may involve anything from a broken bone to a traumatic brain injury, and you are entitled to financial compensation for any damages you have suffered as a result of your injuries. A personal injury claim may be filed in any case where an accident or some other situation that occurs because of someone’s negligence causes injury to someone else. This can include motor vehicle accidents, pedestrian accidents, slip and fall accidents or even bed bug infestations. These are all examples of situations that could have been prevented had the responsible person or party taken reasonable steps to avoid causing foreseeable harm to others, and injured victims deserve to be compensated for their losses.
Types of Personal Injury
Personal injuries can range from mild to severe and in some cases, depending on the circumstances of the accident or injury, victims may suffer permanent physical or mental disability or possibly even wrongful death. In fact, unintentional injuries or accidents are a leading cause of death in the United States. The following are some examples of injuries that can result in a personal injury claim:
- Traumatic brain injury
- Spinal cord injury
- Head or neck injury
- Back injury
- Broken bones
- Internal bleeding
- Permanent disability
- Organ damage
Common Causes of Personal Injury
Any person harmed by another person or party’s negligence may be eligible to pursue compensation through a personal injury claim. This includes victims who suffer losses as a result of any of the following accidents or injuries:
- Swimming pool accidents
- Car accidents
- Trucking accidents
- Bicycle accidents
- Pedestrian accidents
- Dangerous road conditions
- Vaccine injuries
- Slip and fall accidents
- Motorcycle accidents
- Product liability
- Work injuries
Proving Negligence in a Personal Injury Lawsuit
A major component of any personal injury claim in California is negligence. In order to prevail in your personal injury case, you must do more than prove that you suffered injuries or losses. You must show that the person or entity responsible for your injuries (the defendant) owed you some kind of duty of care; that the defendant breached that duty by acting in a certain way or by failing to act; that the breach of duty caused your injuries; and that, as a result of your injuries, you suffered the damages you are seeking compensation for.
Recovering Damages in a Personal Injury Claim
In tort law, the term “duty of care” refers to an individual or organization’s legal obligation to practice reasonable care while performing any acts that could foreseeably cause harm to others. For instance, drivers in California owe a legal duty of care to pedestrians, cyclists and other motorists to ensure that any actions they take (or fail to take) do not cause injury to others. If a driver breaches this duty, say by making an illegal turn or failing to stop at a red light, and the driver’s actions cause an accident in which you suffer injuries, you may be entitled to damages through a personal injury claim. These damages may include expenses associated with medical treatment, surgery and/or a hospital stay, as well as losses related to your ability to earn an income, enjoy day-to-day activities and care for yourself.
If you are considering filing a personal injury lawsuit following a California car accident, truck accident, slip and fall, or any other kind of injury-causing accident, you may be wondering what your claim is worth. An important part of any successful personal injury case is calculating what your injuries have cost you – physically, emotionally and financially – so you can ensure that you are fairly compensated for your losses. Some more serious injuries may result in long-term disability or require a lifetime of medical care, in which case you may be entitled to additional compensation for future medical expenses and any ongoing pain and suffering that can be attributed to the accident.
Whatever the circumstances of your case, we always recommend enlisting the help of a qualified attorney when seeking compensation for personal injuries. A knowledgeable California personal injury lawyer will have a clear understanding of personal injury laws in California and the best way to approach your case so you can maximize your compensation.
Contact Our California Personal Injury Lawyers
Injury-causing accidents are a common occurrence in the United States, but that doesn’t make it any easier for injury victims and their loved ones to deal with the consequences of a serious injury. If you have suffered injuries in an accident caused by someone else’s negligent or wrongful acts, you may be eligible for compensation through a personal injury claim to cover the cost of your medical bills, lost wages, emotional trauma, loss of future earning capacity and other damages. Each state has its own laws governing personal injury claims, so you will want to consult an attorney with experience handling personal injury cases in California. Our seasoned personal injury lawyers have represented clients across California in personal injury cases for years and we are prepared to begin working on your claim right away. Contact our firm today for a free initial consultation.