- August 19, 2022
- In personal Injury
If you have been involved in an accident in California, you have the right to file a personal injury claim. A personal injury claim can be filed if the accident has affected your life in any negative way. You can receive monetary compensation for medical expenses and damages to your vehicle or other property. We may also be able to seek damages and compensation for non-monetary damages like lost wages, pain and suffering, or the loss of a loved one.
The attorneys at The Law Offices of Samer Habbas & Associates, PC, can help you determine if you should file a personal injury claim and what damages we can recover from the other party. You can set up a free, no-risk confidential consultation today by calling 888-848-5084 or contacting us online.
What Are Personal Injury Cases?
Personal injury cases are disputes that arise when someone suffers harm from an accident or suffers from an injury that another individual is legally responsible for causing. In California, you can bring a lawsuit against the responsible party or their insurance company and be reimbursed for your medical expenses as well as recover the damages caused to you and your property.
Many times these claims can be settled before even going to court, but, if necessary, your attorney can argue for your case before a judge or jury and get you the compensation you deserve.
When Can I File A Lawsuit?
In California, you have up to two years to file your lawsuit after the date of the incident. This is called a statute of limitations. A statute of limitations is the time period in which you must file the lawsuit, or you will be forever barred from bringing that lawsuit for those injuries. Courts in California are not forgiving with this deadline and will most likely reject your lawsuit if you file it more than two years after the date of the accident.
Consider talking to your attorney right away to make sure you file your claim on time. It will take time to gather the necessary information to be able to file your claim, so don’t wait, contact an attorney today.
Should I File A Lawsuit?
You can file a lawsuit for an injury in California even if you were partially at fault or caused the accident. California is what is known as a pure comparative fault state. In a pure comparative fault state, as the injured party, you can still recover some amount of damages if you are 99% at fault for the accident. In many states, if you are more than 50% at fault for the accident, you will not be able to recover anything.
In order to determine what percentage of fault you are responsible for, the jury will decide what percentage of the injured party’s own negligence contributed to the injuries. Once this is decided, the injured party’s damages will be reduced by the number of damages they caused, but you will still be able to recover from the other party or parties the number of damages they caused.
Comparative negligence is typically used in the following types of cases:
- Car accidents
- Bicycle accidents
- Slip and fall accidents
- Product liability
- Premises liability, and
- Medical malpractice.
In California, even if you were the main cause of the accident, you may be able to recover from the other parties. Consulting with an attorney will help you determine if filing your case will be worth it.
In many states, the legislatures have placed limits on how much money an injured plaintiff can recover in a personal injury lawsuit. This can really place a damper on the cases brought and the compensation someone injured can expect if they have suffered life-threatening injuries.
Currently, in California, there is only one compensation limit in place. This damage cap only applies to non-economic damages in Medical Malpractice claims. In these cases, injured victims are only entitled to recover up to $250,000. There is no limit on other types of personal injury claims.
According to current statistics, the average personal injury settlement in California is about $150,000. This is substantially higher than the national average of less than $40,000. If you have been injured in California, there is a good chance you may recover a large sum during your personal injury accident.
Filing a personal injury lawsuit in California can help you recover. You will have medical bills to pay, a loss of wages, and potential future medical bills. By properly filing a lawsuit, you will be able to recover some of these costs and even be compensated for the pain and suffering you have gone through. It is not your fault you were involved in an accident; make sure you get the compensation you deserve.
Find An Experienced California Personal Injury Attorney
If you are thinking about filing a personal injury lawsuit in the state of California, consider finding a team of experienced personal injury attorneys. A dedicated team with experience can help protect your rights.
The personal injury attorneys at The Law Offices of Samer Habbas & Associates, PC, can evaluate your case and help you decide if you should file it or not. We can give you our open, honest, and impartial opinion of how much your case might be worth. Call 888-848-5084 today to schedule your appointment or contact us online.
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