Dealing with a personal injury case can be frustrating, overwhelming, and confusing, especially if you are attempting to handle said injury case on your own. Having a Yolo County personal injury attorney lawyer on your side who is experienced in cases similar to yours can only help you in the long run. It may be useful to consult with one. You may also be wondering: How long does it take to settle a personal injury case in California? The answer is dependent on a number of significant factors.
In California, settling a personal injury case varies in how long it may take. While some cases may be wrapped up in a matter of months, other cases may take years to fully finalize. It depends entirely on the details of your case. Every personal injury case is different, and the circumstances that make up that case are unique. Due to the inherent differences in every case, it can be extremely difficult to determine how long a case will settle.
A Yolo County personal injury lawyer can help you figure out how long your case might take to settle, but their estimate may turn out to be different than the actual amount of time once you start actively pursuing legal action.
The rate at which a personal injury case is settled is entirely dependent on the factors surrounding the case. While the statute of limitations for a personal injury case in California is two years from the date of the injury, if you file before the deadline, your case likely won’t take that long to finalize. Here are some of the important factors of a personal injury case that may speed it up or slow it down, depending on your situation:
A: Personal injury settlements are paid out in California in a number of different ways. It is largely up to the plaintiff how they want to receive their settlement. The two most typical ways are a lump sum, in which the total amount is paid in full through a single payment, or a structured settlement, in which the total amount is paid over several monthly or annual installments. Your lawyer will typically handle the distribution of funds.
A: In California, the time it may take to receive the money after reaching a settlement agreement depends entirely on the details of your case and the kind of personal injury settlement you are dealing with. A workers’ comp payout may take significantly less time than a standard personal injury payout. It could take a number of weeks, depending on how complex the case is, whether or not it went to trial, and how willing the insurance company is to accept the result.
A: There is no telling how long a personal injury claim may take in California. Every personal injury case is different. The details surrounding the case, its complexity, and who is involved will all help determine the total length of time a case may take to get resolved. Certain factors have to be taken into consideration, such as the severity of your injuries, the evidence that proves negligence, and both parties’ willingness to compromise.
A: Typically, you do not have to pay taxes on a personal injury settlement in California. The IRS tends to exclude compensation for injuries from federal income taxes, and California handles it the same way. However, there are some exceptions to the rule. If you want to be certain that your personal injury settlement is tax-free, you should bring that up with your lawyer or seek the advice of an accountant.
It can be difficult to handle a personal injury situation on your own. You may not know how long this whole process could take or where to begin filing the paperwork. An experienced personal injury lawyer can help you figure out your first steps and provide you with consistent legal help throughout the entire process.
The legal team at Ewing Law Group, PC, understands the kind of help you need when dealing with a personal injury case. We can help you develop your case, gather the necessary evidence, represent your interests, and ensure that you aren’t taken advantage of by any insurance companies who may try to manipulate you. Contact us to schedule a consultation.
If you are involved in a car accident, you may wonder, “Do I need a lawyer for a car accident in California?” Speaking with an attorney can help you recover damages you may be owed for injuries suffered due to your recent accident. From navigating insurance companies to preparing for potential litigation, an experienced Yolo County car accident attorney works on your behalf to recover the compensation you deserve.
There are many advantages to seeking the help of an attorney after a car accident. Obtaining a fair settlement on your own can be challenging, especially when you have incurred significant medical bills, lost wages, and other damages. Insurance companies are notorious for offering settlement proposals that are much lower than an accident victim is rightfully entitled to.
While you focus on recovery, a lawyer works on your behalf to hold insurance companies accountable for total compensation. They will negotiate on your behalf with the other driver’s insurance provider. Communicating the circumstances of those negotiations empowers you to decide whether you wish to settle or pursue more compensation. If a settlement is not reached, a personal injury lawyer is equally prepared to present your case to the court.
Before any litigation, a personal injury lawyer will carefully investigate the details of your accident and collect all necessary evidence, including police reports, witness statements, photos and videos, and more. As your case progresses, a lawyer is also there to support your healing by ensuring paperwork and deadlines are appropriately met and that you are not pressured into returning to work before your recovery allows.
It is crucial to consult with a lawyer quickly after your accident so you can receive their legal insight, counsel, and recommended next steps. Your lawyer will advise you to avoid answering any insurance adjuster’s inquiries, as they can speak on your behalf and handle any communications with providers regarding your injury claim.
For some people, it can be difficult to decide whether to file a claim against the other party in a car accident or simply file a claim with their insurance provider. In either case, it is wise to contact a lawyer as soon as possible. Following your accident, you will likely be contacted by insurance agents about predetermined settlement offers or questions regarding the evidence of your claim. This may happen before you even assess the full extent of your injuries.
Contacting a lawyer immediately is important since insurers may use waiting as reasoning against your claim. An experienced attorney will advise you to seek medical attention even if you feel you have no injuries or your injuries appear mild. Many seemingly minor injuries will gradually worsen as the person’s shock and adrenaline from the accident fade. These injuries could further impact your ability to return to work and the capacity of the work you can do.
A: It is recommended to retain the services of a lawyer even for accidents you did not cause. Although California is not a no-fault state, the other driver may claim you are partially responsible for the accident. Because both parties may argue the other was partially responsible, settlements could reflect a degree of responsibility. An attorney can help defend your case and help ensure the responsibility is equally represented.
A: How much a car accident injury lawyer may charge varies; the ideal way to get an estimate for your specific case is by consulting with a qualified attorney. A lawyer’s fees will depend on how complex your case is, the severity of your injuries, whether you are partially at fault, how many parties were involved, and other factors. A lawyer may charge differently depending on their experience and the time needed for your case.
A: In most cases, the at-fault driver’s insurance provider will pay for the damages resulting from a car accident. If the liable driver is uninsured, then you may file a claim with your insurer. Many insurance companies will make significant efforts to avoid compensating a car accident victim, even their policyholders. An insurance adjuster is likely to use a variety of tactics to pay you less than you are entitled to or not at all.
A: When searching for a car accident lawyer, several factors should be considered. While all lawyers have an educational background, look for a lawyer experienced in personal injury law, specifically a lawyer focusing on motor vehicle injury claims. Ask for recommendations for a lawyer with a strong reputation for acquiring positive results both in and out of the courtroom. Lastly, be sure you feel comfortable with your attorney and have honest and reliable communication and understanding.
A: There is no average settlement amount for a car accident injury claim since each case vastly differs. How much of a settlement payout you receive may depend on when you decide to pursue a claim, your attorney and their negotiating skills, the liable driver’s insurance provider, how severe your physical injuries and other damages are, whether permanent harm was caused, and other influencing factors.
Your attorney can help you understand what type of compensation you may be entitled to based on the circumstances of your case.
The Ewing Law Group prioritizes our clients by prioritizing their needs. Your case deserves personalized attention to recover the damages you may be owed. If you or a loved one have been injured in an accident, contact the team at the Ewing Law Group, PC. We can provide adept, qualified legal counsel and representation for your personal injury case.
If you’ve been a victim of a crime in California and are considering pressing charges, it’s important to understand the legal process involved. Knowing “how to press charges on someone in California” can help you navigate the complexities of the legal system and seek justice. With help from the compassionate team at Ewing Law Group, PC, you can ensure that your case is handled with knowledge and care.
Ewing Law Group, PC, is dedicated to providing personal attention, experienced counsel, quick turnaround times, and affordable rates to assist you through this challenging process. However, if you find yourself accused of criminal charges, our experienced Sacramento criminal defense attorney can also handle your criminal defense case from start to finish.
Contrary to popular belief, citizens in California (like in most US States) aren’t the ones to officially press charges but instead report crimes to police. The police investigate and send matters (along with their findings) to the District Attorney (DA). The DA can decide whether to file charges depending on the evidence.
File a Report: To initiate the process of filing charges, report the crime to the police. The more detail you can provide in your report, the better – information about the assailant, the nature of the act, details about the scene, witnesses, and any evidence present and discovered will be helpful to the police investigation.
A Police Investigation: The police will investigate the crime once you report it. They will interview anyone they think could have information or was a witness, collect evidence, and possibly arrest the offender. The thoroughness of the investigation can make or break your case.
Filing Charges: Upon completion of the investigation, the police will submit their report to the district attorney’s office. After going through the contents of the report to get the information, the district attorney’s office will decide whether to file charges based on the evidence provided by the police. In case they decide to file charges, they will file charges formally, and the case will be forwarded to the justice system.
Arraignment: After charges are filed, the suspect will be arraigned and formally charged. It is at that point where they are given the opportunity to enter a plea (guilty, not guilty, or no contest). Bail may also be set at this time.
Pretrial and Trial: Following the arraignment, the case will enter the pretrial phase, where both sides can negotiate plea deals, file motions, and prepare for trial. If the case proceeds to trial, both sides will present their arguments, and then a judge or jury will issue a ruling.
When charging a criminal case, the prosecutor in California must generally be satisfied that three conditions exist. First, the prosecutor must believe that there is probable cause for the charge. Second, there is sufficient admissible evidence to prove the case beyond a reasonable doubt. Third, that the criminal charge is in the interest of justice. These conditions ensure that the decision to charge a criminal case is both fair and just and also legally sound.
After filing charges, a prosecutor should continue to pursue them only if he/she has an honest belief that probable cause exists and that the admissible evidence will be sufficient to support a conviction beyond a reasonable doubt. If at any point a prosecutor has a serious concern that the accused may actually be innocent, or if the quality, truthfulness, or sufficiency of the evidence becomes questionable, they should alert their office to determine if the charges should be dropped.
A: The statute of limitations on filing charges in California depends in part on the type of crime. If, for example, it is a personal injury claim, the charges would have to be brought within two years. If the claim was regarding damaged property, the case would need to be initiated within three years of the incident.
A: If you’re a victim in California, you don’t have any say in whether someone is charged with assault. In the United States, the district attorney makes that decision. After a crime is reported, he or she will make up their mind whether or not to pursue the case, regardless of the victim’s wishes. However, the victim’s cooperation can greatly impact the outcome.
A: In California, before filing a criminal charge, a prosecutor must 1) believe that there is probable cause, 2) that there are sufficient admissible facts to prove the charge beyond a reasonable doubt, and 3) that filing charges furthers the interests of justice. A prosecutor who has significant doubts about the guilt of any defendant should not pursue the case.
A: In California, assault is an attempt along with the ability to violently harm another person. For example, if someone tries to punch you or pulls out a gun and waves it at your face, that is considered present ability. The person who threatens you must actually be able to cause harm. Other valid examples of assault can range from throwing objects to cornering someone.
When a crime occurs in California, initiating charges is a multi-step process that starts with a report and, depending on several factors, can culminate with a jury trial and conviction. In some cases, time is of the essence. Due to the nature of the crime, and based on statute and case law, you are required to take action within a designated period or risk the case being dismissed. Familiarizing yourself with the process and its exact steps will help you better make well-informed decisions.
At Ewing Law Group, PC, in Sacramento, you can count on an experienced team with the professionalism and personal attention needed to successfully guide you through this challenging and alarming matter. If you have been the victim of a crime, call Ewing Law Group, PC, and schedule an appointment to start moving forward today.
After a serious accident, there are many losses that you can experience, such as losing a car or wages. Many costs can be easily valued, such as the repair bills for the car or the amount of lost wages. However, some losses are not easily calculable. Pain and suffering is another loss that you may have as a result of an accident. Many people often ask, “Can you sue for pain and suffering in California?”
Pain and suffering, in legal terms, means that a person has experienced physical discomfort and emotional trauma. However, any form of mental issues or physical issues that result from a personal injury accident can be included within this label.
Pain and suffering damages are a form of non-economic damages for which individuals can make a claim. It is possible for a victim of a personal injury case to receive compensation for these non-economic damages, even if it is more difficult to establish a monetary value on them. If you have experienced an accident and wish to file a personal injury claim, it is suggested that you hire a Sacramento personal injury attorney to assist you.
There are several factors to consider when evaluating your pain and suffering damages, including:
There are several different types of pain and suffering injuries for which a person can file a claim. Some of these include:
Additionally, pain and suffering can involve things that you are no longer able to participate in or enjoy due to the accident. Losses of enjoyment, quality of life, and companionship fall under this category. If you wish to receive compensation for these losses, you must provide evidence that you have suffered these damages due to the accident.
It is difficult to give an exact financial value to pain and suffering damages, as they are not necessarily tangible damages. They are much different from a car accident resulting in a totaled vehicle or a damaged bike after a bicycle accident. As there are no set formulas to determine non-economic losses, there are other factors that can be evaluated to come to a fair compensation amount. Some of these include:
With the help of a personal injury lawyer, you will need to put together evidence to help prove the emotional and physical damages that you have experienced.
A: There are several factors that can affect your pain and suffering claim. These may include:
A: The new law for pain and suffering in California allows the victim's loved ones or their estate representative to continue the victims' claim for pain and suffering damages, even after the person’s death. If a victim’s damages are not settled before their death, that victim’s family member or another representative may continue to go forward with the case through survival action.
A: The way to prove emotional distress is to document as much as you can. This includes all of your medical records, such as any therapy sessions or any diagnoses related to your mental state after the incident. It also helps to include anyone who can serve as a witness to testify, as well as written evidence, such as journal entries, regarding your mental state after the accident occurred.
A: Yes, you can sue someone for emotional distress in California. Two examples of claims that you may file are the intentional or negligent infliction of emotional distress. Intentional infliction claims involve a case where the defendant has purposefully caused harm to the plaintiff. Negligent infliction involves cases where the defendant does not purposefully harm the plaintiff.
Some of your losses after a serious accident are not easily calculable. It is helpful, then, to have the aid of a Sacramento personal injury lawyer to maximize the compensation that you are entitled to. Contact the Ewing Law Group, PC, for assistance with your case.
Being a victim of or witnessing a tragic or distressing event can leave a person with scars that go beyond what the eye can see. Sometimes, these types of injuries can far outlast the physical ones. It has often been asked, “Is emotional distress considered personal injury in California?”
The state of California recognizes that emotional distress is a relevant and important thing to be considered in cases of crime and disaster. However, receiving the appropriate compensation for emotional damages can be tricky, which is why it is important to seek the counsel of an experienced Sacramento personal injury attorney.
The term emotional distress can have a broad meaning when used in legal terms. For this reason, the Judicial Council of California Civil Jury Instructions has defined this term to include, shock, nervousness, anxiety, grief, suffering, worry, shame, anguish, fright, humiliation, and horror. If your experience can be described by any of these examples, there is a possibility that you can receive compensation for that.
In order to claim emotional distress, you must prove the distress that you are experiencing. Medical records, police records, and eyewitness testimony can be helpful evidence. It must also be proven that the defendant’s actions were outrageous and caused more grievous harm than annoyance or hurt feelings would.
Inflicting intentional emotional distress is when an individual’s actions were reckless, and the defendant knew that what they were doing would almost certainly bring harm. The defendant could also be found responsible for emotional distress through negligence but without intent. Claiming emotional distress is possible by showing that you suffered emotionally as a result of one of these two conditions.
Although each case is personal and different, some common cases in which compensation for emotional distress may be awarded include:
These are only a few examples of common cases in which someone may receive compensation for emotional distress. This is not an exhaustive list, and if you believe you may be entitled to emotional distress compensation as the result of another form of crime, it is important to speak with a personal injury attorney.
Compensation is generally divided into punitive or compensatory damages.
Personal injury lawyers are often equipped to handle a variety of types of cases. For cases concerning emotional distress, their focus is on tort law, which is the area of law dedicated to harm caused by wrongful action. An attorney may be able to help you prove your need for compensation by gathering evidence such as medical files and reports, witness statements from the incident, and information from mental health medical professionals who may shed light on your particular condition.
In addition to helping you get the compensation you deserve, an attorney will also be able to help you navigate the complex legal waters of going to court and completing necessary paperwork. They can help you understand what your rights are and what courses of action you are entitled to take. Sometimes an attorney can even work with the defendant’s team to settle a case before it reaches the courtroom.
A: Emotional distress does fall under the category of personal injury. In any situation where physical harm is inflicted or witnessed, there is a chance that emotional and mental injury has occurred as well. If you can prove liability for the cause of the damage, you may receive compensation.
A: You can sue for emotional distress in California. If you have suffered emotional damage due to the actions of someone else, you can start a claim for compensation. The courts in California officially recognize the seriousness of emotional distress in cases of intentional or negligent infliction. It is wise to enlist the support of a personal injury attorney to help you prove the necessary elements in an emotional distress claim.
A: In California, emotional distress damages are not calculated by any specific standard of measurement. In order to determine emotional distress damages, the court will look at other factors within the case, such as the severity of economic losses, physical damages, and even the intentions of the defendant. Receiving a particular diagnosis in regard to emotional distress can also impact the compensation awarded.
A: While California does not technically impose a cap specifically for emotional distress damages, there are other specifications about compensation that may affect someone suing for emotional distress. For example, in cases of medical malpractice, a victim is only able to receive up to $250,000 for non-economic damages. For this reason, it is important to ask for the help of an experienced personal injury attorney to ensure you receive the maximum in damages.
If you or someone you love has experienced emotional distress because of the actions of someone else, it is important to seek compensation. Emotional damage can be equally or more severe than physical damages. Contact Ewing Law Group today to learn more about how our attorneys can help you get the appropriate compensation that you deserve.
The health and safety of you and your family is likely one of your highest priorities, as it should be. You do all that you can to keep yourself safe, but unfortunately, staying safe is not always within your control. Other people’s decisions can affect your health and safety. When this happens, you have the right to take action and file a claim. You will also need to seek out a Sacramento personal injury attorney.
For victims of an injury that occurred due to someone else’s negligence, personal injury law is on your side. This law allows individuals to receive financial assistance to aid in medical bills and provide support for the pain experienced. A settlement for a personal injury case differs depending on the severity of your injury. To receive a particular settlement amount, there are specifications that must be met.
How much you can sue for in personal injury in California is determined by the extent of your damages. Your compensation should cover the expenses that resulted from your injury, so the more expenses you incurred, the more money you should sue for. There are many things that factor into the total amount. Here are a few things that will affect the settlement:
Consulting with a Sacramento personal injury attorney can help you determine the settlement you deserve based on your circumstances.
One of the most common personal injury claims is car accidents, as it is relatively common to get into an accident due to a driver’s negligence. These types of accidents can have drastically different outcomes, as some are minor and result in slight injuries such as whiplash. Others result in more serious injuries with life-long effects. The amount of money that you can sue for depends upon the severity of the accident, the events leading up to the accident, and the seriousness of the injury.
On average, the amount sued for car accidents is around $21,000. However, this amount varies depending on your unique circumstances.
This type of injury can be a result of a business owner’s negligence if you have slipped and fallen due to a wet, slippery floor without being warned. This type of injury makes you eligible for suing for personal injury. The outcome of this type of accident also varies greatly, as some falls result in serious injuries. The average amount of slip and fall settlements is between $15,000 and $50,000, depending on the severity of the injuries.
Brain injuries are not only traumatic but can also have lifelong adverse effects. If you have experienced a brain injury due to someone else’s negligence or if someone purposely injured you, you have the right to sue for personal injury.
A wrongful death claim involves the loss of life due to accidents such as:
With a wrongful death claim, you can receive financial support for funeral services and the loss of your loved one’s income. You can also be reimbursed for any medical bills from the incident. While it won’t resolve the trauma and suffering, you can also be reimbursed for the pain experienced by the deceased after the incident and the emotional trauma you experienced as a result of losing them.
This claim can help hold the defendant responsible while also having them pay for all damages resulting from the death. The amount that you may request for damages may be up to one million dollars in rare cases, but it is dependent upon the factors leading to death.
A: In California, you can receive the total of the costs that resulted from your accident in a personal injury settlement. Keep in mind that the settlement amount varies depending on the severity of the accident and your injuries. For minor injuries, you may receive a settlement between $5,000 and $25,000. For a moderate injury, a settlement can be between $25,000 and $100,000. Severe injury settlements can be from $100,000 to $1,000,000.
A: You have two years after the injury occurred to file a personal injury claim in California. It is suggested that you file as soon as possible, however, because the sooner you file, the more evidence you will have. It may be possible that the defendant will try to pass blame on someone or something else for your injuries if you wait for an extended period of time to file a claim.
A: The amount of money you should ask for in a settlement depends on several factors. If your injuries are severe and will take you a considerably long time to recover from, you are able to ask for a higher settlement. Each case involves different circumstances, so it is suggested that you discuss your case with a personal injury attorney to determine a specific settlement amount.
A: It can take anywhere from three to twelve months to settle a personal injury case in California. A case will typically move quicker if you have legal representation. There are things that can delay the process, however, such as the severity of the injury requiring medical evaluation, complicated legal issues, and insurance companies determining settlement amounts.
Life is unpredictable, and unfortunately, another person’s negligence can cause you injury. If you have experienced an injury due to someone’s poor decisions, take action and file a claim. Contact Ewing Law Group, PC, where we can do everything possible to protect your rights.
Injuries of any kind can be severe and very disruptive to your overall well-being and day-to-day activities. Accidents happen, but sometimes injuries are the result of someone else’s reckless, negligent, or careless behavior. If your injuries are the result of any of these circumstances, you may have the right to file a claim against those who are responsible.
These types of injuries can be because information has been omitted or because of intentional harm. Any injuries of this type, regardless of their causation, are argued under personal injury law. This specific practice is not criminal but civil because it seeks to gain compensation for financial, physical, or emotional impacts.
Unfortunately, filing civil claims cannot quicken the recovery process, but it can seek to support the collateral impacts of such injuries, including help with medical bills, lost wages from work, and compensation for any pain and suffering you may have experienced.
Not every injury is considered a personal injury. There are specific circumstances that qualify an injury to be eligible for a claim. At the same time, there are many injuries that people may incur that are left uninvestigated because they don’t think it is a personal injury.
Common types of personal injury include:
These situations, and many others, are a matter of circumstance as to whether or not they fall under personal injury. Some mitigating factors for certain types of injuries could be considered in a workers’ compensation claim. However, an injury cannot be claimed as both personal injury and workers’ compensation.
Other mitigating circumstances include the victim’s role in the injury. If, for example, a person is walking outside and comes across a dog in a yard. The person instigates the dog, thinking it is safely restrained, but the dog frees itself and bites the person. The victim can be considered to blame for any injuries suffered, which then negates any opportunity for a personal injury claim.
Suppose someone visits a private residence and falls through a faulty railing on the porch. They were not informed of the faulty railing, but the homeowner was aware of it. The victim may be entitled to file a claim against the homeowner for negligence. In this same scenario, if the victim was told that the railing was faulty before leaning on it, they would likely not have a valid personal injury claim.
In any personal injury claim, there is an understanding of reasonableness in terms of notifying someone of potential injury. So, if reasonable attempts were made to warn of the danger, it negates any neglectful responsibility that they have.
Negligence is not as cut and dry as it sounds. California has adopted a comparative negligence system. This means that there can be multiple parties responsible for an injury, and each party is only responsible for their share of an injury. Some cases could prove a defendant is 100% responsible for the injury. However, the victim in these claims can also be held partially responsible.
There is a two-year statute of limitations on most personal injury claims. Some claims, such as medical malpractice, are significantly shorter, which is why there is a need for expediency in finding an attorney to help.
Shorter limitations are also in place if the negligent party is a government entity, where personal injury claims must be filed within six months.
However, California does have elements in place to protect the injured, particularly if they don’t realize an injury has occurred right away. Some circumstances allow them to file a claim under extended limitations, which allows them to file up to one year after the injury is discovered.
A: Bodily injury is a term used to describe specific insurance coverages that are a part of property, homeowner, and automobile insurance policies that help to financially protect a person if they injure another. Personal injury is the civil claim filed by one person against another person, business, or other entity they feel is negligently responsible for injuries suffered.
A: There are four parts of a personal injury claim that need to be proven. First, establish the presence of duty (there was a responsibility of care). Second, prove there was a breach of that duty. Third, the claimant needs to prove there was physical, emotional, or financial injury. Fourth, there needs to be evidence that the defendant was the cause of the claimant’s injuries.
A: Personal injury claims can be the result of many different types of injuries. Such injuries include those sustained from car accidents, bike accidents, dog bites, manufacturer product malfunctions, construction site injuries, or dangerous slip and falls. These injuries, amongst others, can all be the result of negligent behavior.
A: One of the first steps in any personal injury case is to make sure you seek medical treatment. Having your injury documented and evaluated by medical professionals will help to establish the presence of an injury and probable cause for how the injury was sustained. In addition, your claim may need to take into account any long-term care that you may need for your injuries.
Personal injury litigation can be complicated because of the circumstances of your claim. If you are injured and feel it is due to the negligence of others, contact Ewing Law Group, PC and let our knowledgeable and experienced attorneys review the details of your case. We can help you get the compensation you may be entitled to.
Personal injury accidents cause serious injury and death in Sacramento and around the country. If your injury could have been prevented with proper care from another person, you may have a personal injury claim. There are several types of personal injury claims that are filed all around the nation. Understanding some common types of personal injury cases may help you understand if you could receive compensation from your claim.
A motor vehicle crash is one of the most common causes of personal injuries in California. Car accidents are common and can happen anywhere. If you were harmed by another driver’s negligence, you likely have a personal injury claim. Auto accidents can occur through rear-end collisions, head-on collisions, and pile-ups and can involve commercial trucks, multiple cars, other vehicles, and pedestrians. They can cause lasting injuries to the spinal cord and brain, most commonly, as well as broken bones. They often lead to death.
Though they sound less serious, slip-and-fall accidents can lead to devastating injuries. Building owners or managers are responsible for the maintenance of property if it’s open to the public. You could be injured if a property owner fails to take adequate care of their property. These accidents could be the result of uneven ground, improper lighting, lack of railings, slippery floors, broken stairwells, or other dangerous conditions. They could occur at apartments, restaurants, hotels, pools, or another property where you were on the premises legally. If the owners fail to take reasonable precautions to prevent your injury, you can hold them liable.
While many healthcare professionals uphold their duty of care and strive to provide exceptional medical care, not every medical provider is as reliable. Medical negligence and malpractice refer to mistakes that should have been prevented and other negligent care which leads to patient injury or death. Commonly, this includes negligent surgeries, birth injuries, failure to diagnose, incorrect diagnoses, pharmacy negligence, or unnecessary surgeries.
Healthcare professionals have a duty to provide their patients with a standard of care. The standard of care means that healthcare providers must exercise the degree of care of most medical professionals in their situation. If a medical professional made a mistake that was a breach of a standard of care and caused your injury, you have a claim.
Many injuries in the workplace will be filed under workers' compensation, especially if an employer fails to provide a safe environment for employees. However, in some cases, the injury at a workplace is caused by a negligent third party, and a personal injury claim needs to be filed. Badly maintained construction sites can lead to employee injuries, and defective products could also lead to injury for which a third party is liable.
Defective product claims could result from a manufacturing or design error that caused the injury. It could also result from failure to provide proper safety instructions. Depending on the product, injuries can be very severe. Often, these claims are made against the manufacturer or distributor of the product. These parties have a responsibility to consumers to create safe and non-defective products.
California law would hold dog owners strictly liable for injuries caused by their dogs, even if they had no knowledge that the dog was vicious. Some injuries from dog bites aren't severe enough for personal injury cases, but many serious injuries, including emotional injuries, can be caused after a dog or animal attack.
Construction sites are some of the most dangerous workplaces, and they can also be dangerous for non-employees who are nearby. Heavy building materials and construction equipment can cause severe injuries if not properly maintained. Both employees and non-employees may file personal injury claims for harm.
A: Common injuries in personal injury claims include broken bones, burns, internal bleeding, and spinal cord injuries, which can create neck and back injuries, disfigurement, and loss of limbs. One of the most severe injuries is a traumatic brain injury, which most often occurs from car accidents or serious slip-and-falls. Post-traumatic stress disorder is a common emotional injury in these claims.
A: A slip-and-fall accident that isn't fatal could result in a settlement from $15,000 to $50,000. This amount depends on the severity of injuries sustained and how permanently they'll affect you. If you had any fault in the accident, this would lower the damages you receive. Your compensation also depends on other factors, including how much income you received prior to the injury and your capacity for work following the injury. An experienced attorney will argue for higher compensation.
A: The amount you receive in a settlement depends on a number of factors and could range anywhere from $3,000 to $70,000. The average settlement for a car accident is around $20,000. The more severe and lasting your injuries, the higher settlement you're likely to see. An attorney will be able to argue for a higher settlement, whether through out-of-court negotiation or through a trial.
A: If you suffered harm, damages, or death as a result of another person’s negligence or carelessness, you could file a personal injury claim. This type of civil claim is meant to collect damages for physical, mental, or emotional injuries. If you lost a loved one from the carelessness of another, you could file for wrongful death in place of a personal injury claim they would have filed if they had lived.
Being injured by another party’s negligence is upsetting, and it’s made worse when you have to deal with insurance claims and medical bills. When you file an injury claim, an experienced personal injury attorney is needed for you to receive the most damages. At Ewing Law Group, PC, we provide our clients with personal attention and want to help them receive the compensation they deserve. We provide a quick turnaround and affordable rates and want you to get the most possible to cover the harm done to you. Contact Ewing Law Group, PC with your personal injury case.
