Personal Injury FAQ
If you have recently been injured or made ill by the actions of another, then you are likely well-aware of the confusion that can arise from dealing with a personal injury claim. If you have questions that you would like answers to, we encourage you to contact a lawyer from our firm as soon as possible. Over the years, we have proven to be advocates for the rights of the accused – you can trust that we will go above and beyond in our efforts to help you during this troubling time. Below, we have compiled some of the most commonly asked questions and answers. Please read through these and contact us if you have further questions.
Simply speaking, the statute of limitations (SOL) is the given timeline that you have following an injury; it is a window of opportunity that you have to file a claim. In California, general personal injury and negligence claims have a SOL of two years. This involves the Discovery Rule, however, which means that the SOL does not apply until the injury or illness has been discovered or would have reasonably discovered. There is a one year SOL for cases of wrongful death, although this does not apply to cases involving asbestos or medical malpractice. For medical malpractice, it is three years.
After an accident, you may wonder whether you have grounds for a lawsuit and what person can be held responsible for the injuries you or a loved one have sustained. The general principle of personal injury law in Los Angeles is that the incident must have stemmed from negligence, intentional wrongdoing, or strict liability. In these cases, the defendant (the person responsible for your injuries) must have acted or failed to act and this caused your injuries. The actions may have been intentional, as in the case of an assault, or unintentional, as in most motor vehicle accidents.
Depending on the case, whatever party or parties who caused your injuries may be held responsible. In an auto accident, this may be the driver of the other car. In a case involving medical malpractice, this may be the doctor that made a mistake or acted carelessly in providing your medical care. If you were injured by a defective product or a defective drug, the manufacturer may be held liable. By investigating your particular incident and what led to your injuries, an experienced Los Angeles personal injury lawyer can determine against what party you may be able to file a claim or lawsuit.
No two cases are exactly the same, and as such it may be difficult to determine exactly what your injury claim should be worth. However, a lawyer experienced with these matters can work with experts in medicine and economics to establish what your case should be worth – based upon what amount of compensation will best help you rebuild your life as much as possible.
Personal injury law covers a broad range of accidents and injuries, all related to or stemming from negligent or intentional conduct or strict liability. All types of auto accidents are covered under personal injury law and are the most common grounds for these types of cases. Additional cases may involve medical malpractice, dog bites, slip and fall accidents, defective products as well as toxic exposure and poisoning.
Still have questions? We encourage you to pick up the phone and contact us as soon as possible. In cases involving personal injury accidents, you do not have the luxury of taking your time. You need to move quickly to ensure that your legal rights are protected as you fight for maximum monetary compensation. Our firm knows what is on the line – we will do everything that we can to help you protect your legal rights.