Personal Injury

If you or a loved one has suffered a personal injury, you may be eligible to seek compensation for your losses and suffering.

Negligence

In each of these personal injury situations, a lawsuit can be filed on three legal grounds. The first, and most common, is negligence. Negligence is one party´s failure to prevent the conditions, which cause or contribute (called proximate cause) another person´s injuries. To establish negligence in a personal injury case, the injured party must show the negligent party had a duty to act. For example, when a doctor fails to properly care for a patient and the patient is harmed, the doctor´s negligence provides valid grounds for a personal injury lawsuit.

Intentional Wrongdoing

The second legal ground on which a personal injury lawsuit can be filed is intentional wrongdoing. Through this argument, the injured party claims another willfully and knowingly created the circumstances, which led to the personal injury. For example, if a drug company knows their product is dangerous but intentionally conceals this information from consumers, those injured may file a personal injury lawsuit on the grounds of intentional wrongdoing.

Strict Liability

The third type of personal injury lawsuit involves strict liability. Strict liability means the makers of a product can be held liable for any injuries caused by their product regardless of how careful they were to prevent consumer injury. Strict liability is often applied in cases involving inherently dangerous activities and products, such as blasting in a city or keeping wildlife. Strict liability can also be applied to manufactured products, including drugs and other products. The injured party only has to prove the product was defective, not that the defendant was at fault.

Compensation

In a personal injury case, the injured party can seek compensation for economic losses including medical expenses, past and future loss of wages, past and future diminished earning capacity and other out-of-pocket expenses. The personal injury victim may also be eligible to seek compensation for their pain and suffering, disability, loss of consortium (companionship), and more. Our experienced Personal Injury attorneys fight to preserve your rights and recover the maximum for your case.

Statute Of Limitations

It is important to bear in mind that all personal injury cases are subject to a statute of limitations. This limits the time a person has to file a personal injury claim. Generally speaking, the time to file a personal injury suit in California is two years from the date of the injury. There are, however, exceptions to this rule and other limitations that are applied to civil cases. If you are worried you may lose your right to sue after a personal injury, it is important to speak with a qualified attorney as soon as possible to protect your legal interests.