The Grossman Law Offices has compiled a list of the questions and answers most frequently asked by victims who have been involved in motor vehicle accidents, work accidents, slip and fall accidents, and other types of personal injury accident. If you would like to discuss any item on this page in further detail, please call the Grossman Law Offices for a free consultation.
What Does Personal Injury Mean?
Every personal injury claim has two basic issues, liability, and damages. Is someone liable (responsible), for the damages you’ve sustained? And if so, what is the nature and extent of your damages? If you can prove liability and damages, you have a personal injury case and you are entitled to receive compensation for your loss.
What Does Negligence Mean?
Negligence is an act or failure to act when you owe a duty of care to another individual. In California, personal injury victims must be able to demonstrate the following in order to prove negligence on the part of the defendant:
- The defendant had a duty.
- The defendant breached this duty.
- The defendant’s breach of duty caused the victim’s injuries.
- The defendant’s actions were the proximate cause of the injuries.
- The plaintiff suffered actual damages.
What Damages Can I Recover?
Every case is unique and has a special set of circumstances that determine what damages a victim can recover. In California, if you have been injured as a result of someone else’s negligence you are you’re entitled to economic damages. Economic damages are easier to prove because they are the out of pocket expenses such as loss of income or medical bills. Non-economic damages are subjective and much harder to demonstrate. Contact the Grossman Law Offices to discuss the losses that you are eligible to recover as damages.
If I Was Injured At Work, Can I Sue My Employer In addition to Filing A Workers’ Compensation Claim?
Generally speaking, an employee injured on the job in California is limited to seeking recovery through filing a workers’ compensation claim. This means that the employee cannot sue the employer. However, there are exceptions to this rule and you should consult a Fresno personal injury attorney to discuss the exceptions to this rule and to learn about the possibilities of filing a third party claim in addition to a workers’ compensation claim.
What If I Am Hit By An Uninsured Driver?
California law requires that all vehicles carry auto insurance to help pay for injuries and damages that happen when involved in a car crash. When you have been hit by an uninsured driver you will need to file an uninsured-motorist claim against your insurance policy. It is important to contact an attorney immediately after having been hit by an uninsured driver because your insurance company is not on your side when you make such a claim. In fact, the insurance company will require that certain criteria be satisfied before even considering paying your property damage and personal injuries.
How Long Will My Case Take?
Every personal injury case is as different as their specific set of circumstances. That being the case, no one case will take the same amount of time. However, California statute of limitations requires that a lawsuit for personal injury be brought forward within two years from the date in which the injury occurred. Contact a Fresno personal injury attorney to discuss the statutes of limitations specific to your case.
Will My Case Settle Or Will I Have To Go To Court?
There are many variables that determine whether or not your case will settle out of court or if you will have to go to trial. Unfortunately, in California, a defendant’s insurance company is not required by law to disclose their insured’s policy limits until a personal injury lawsuit is filed. That being the case, the Grossman Law Offices handle cases as if they are going to court for litigation. Contact the Grossman Law Offices to discuss the likelihood of settlement or litigation in your case.
By What Date Will I Have To File My Claim?
If you have been injured as a result of someone else’s negligence you have two (2) years from the date of injury to bring forward a personal injury lawsuit. Failure to do so within that time frame will bar you from recovery. However, If the personal injury was caused by a government agency, special claims must be filed and different time frames apply therefore, you are encouraged to contact a Fresno personal injury attorney, immediately!
Will I have to miss time from work?
In all likelihood, yes you will have to miss some time from work. Your injuries may warrant that a doctor places you on an off work status for a few days or an extended period. Also, if your case does not settle and a lawsuit is filed, you will be expected to go to court throughout the duration of your trial which means that you will have to miss time from work. Rest assured that all time missed from work will be accounted for as part of your damages claim. The Grossman Law Offices will work zealously to see that you are properly compensated for the loss of income.
What is my personal injury case worth?
Every injury and every case is different as is their value. It is virtually impossible for a personal injury attorney to give you an exact value on your case without having carefully evaluated your injuries, losses, the circumstances surrounding your accident, the defendant’s policy limits disclosure, and having determined all defendants involved. Make an appointment to speak with an experienced personal injury attorney at the Grossman Law Offices. Our attorneys will carefully investigate your case so that they can provide you with an informed value of your cases’ worth.
If we did not answer all of your questions, do not hesitate to contact us for a free consultation. Contact the Grossman Law offices for a thorough evaluation of your case.