Personal Injury Law in California

A personal injury is an injury to the body, mind, or emotions and it is caused by someone else’s negligence. In California, if you have been injured as a result of someone else’s negligence and you have suffered a loss, you have the right to file a personal injury lawsuit. If you are unsure of whether or not you may have a personal injury case, contact a Fresno personal injury attorney to discuss the merits of your case.

Statutes of Limitations

The statute of limitations is the date by when an injury victim must file a personal injury lawsuit. In California, a personal injury lawsuit must be filed two years from the date of injury. If the injury is not discovered right away, then you will have one year from the date that the injury is discovered to file a personal injury lawsuit. In the event that your injury was caused by a government agency, you are encouraged to immediately contact a Fresno personal injury lawyer and obtain counsel. Government claims have different statutes of limitations and specific claim requirements that an experienced Fresno attorney would be familiar with.

Types of Accidents

Personal injury claims cover an array of losses including physical injury, economic, and non-economic damages. Losses such as these can occur from motor vehicle accidents, a slip, and fall on another person’s property, or any other accident that results in injury due to another person’s negligence. In this day and age personal injury claims are frequently complicated by insurance companies who attempt to shift blame and their insured’s negligence onto the injury victim. Common accidents that result in personal injury include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Work accidents
  • Slip and fall accidents

What Are Damages?

In California, if you have been injured in an accident as a result of someone else’s negligence you have the right to obtain economic compensation for your losses. Common economic losses are missed time from work and medical bills from an injury sustained as the result of someone else’s negligence. Non-economic losses are subjective and harder to prove, but not impossible to prove. An experienced Fresno personal injury attorney will skillfully make the insurance company and jury understand your non-economic damages so that you receive the compensation that you deserve. It is important to consult a Fresno personal injury attorney when you have been injured in an accident so that you are informed of all your rights to recovery.

Settlement and Verdict

Once you are done with all medical treatment, the attorneys at the Grossman Law Office will order all of the medical records and medical bills pertaining to your injuries. Once received, your attorney will create a demand letter to submit to the defendant’s insurance company. The demand will concisely summarize the accident, circumstance surrounding the accident, the defendant’s negligence and breach of duty, your injuries, and your demand for monetary compensation. The demand letter will be submitted along with a demand packet that consists of all medical records and bills, the police report, loss wages documentation, property damage estimates, injuries, and property damage pictures. From the date that the demand is received by the defendant’s insurance company, it takes approximately 30 to 45 days before an initial offer is made. Once an offer is made on your case your attorney will contact you, relay the offer, counsel you on the value of your case, and begin to negotiate on your behalf.

In the event that your case is not resolved through settlement than your attorney will file a personal injury lawsuit and seek compensation through a verdict. Sometimes, after a plaintiff has filed a lawsuit the defendant’s insurance company will once again initiate settlement negotiations by making a significant increase on their offer to settle.

Should I Hire An Attorney?

Personal injury cases can be quite complex and depending on your losses you will need legal representation so that your interests are properly represented. An experienced personal injury attorney will know the claims you are able to file and they will be able to accurately depict your losses so that you can receive adequate compensation. Call the Grossman Law Offices for a free consultation on the merits of your personal injury case.