Personal injury law applies to situations where someone is physically, mentally, or financially harmed because of another person’s actions. This can happen in many ways, from a car accident to an injury caused by a defective or dangerous product. Other types of personal injury cases may include, but are not limited to:
- Medication errors
- Dog bites
- Motorcycle and truck accidents
- Nursing home abuse and neglect
- Wrong-site surgeries
- Workplace injuries
- Slip and fall accidents
- Misdiagnoses
If you suffered an accident or injury that was another party’s fault, an Anaheim personal injury lawyer might be able to help you. The team at Ben Crump, PLLC can investigate your claims and may be able to help you seek the compensation you deserve. Call us today at (800) 730-1331.
Negligence Under California Law
Negligence is the legal principle at the basis of personal injury cases. Negligence is failing to act with a reasonable duty of care. To establish a negligence claim, you must prove:
- The defendant was negligent.
- The plaintiff suffered harm.
- The defendant’s negligence was a substantial cause of the plaintiff’s harm.
When a defendant is negligent, meaning they failed to exercise a reasonable duty of care, they have committed a breach. If you can show this breach caused your damages, you may deserve financial compensation.
For a free legal consultation with a personal injury lawyer serving Anaheim, call 800-730-1331
Types of Negligence and Liability
There is more than one type of negligence or liability. In some cases, vicarious liability may apply. This is when employers are responsible for their employees’ negligence. An example of this may be the responsibility a trucking company bears if one of its drivers causes a crash.
In other instances, the defendant may be “strictly liable.” In California, one area where strict liability applies is dog bite injuries. Under California Civil Code (CIV) §3342, dog owners are liable if their pets bites someone. The fact their dog bit you is enough. You do not have to prove negligence.
When it comes to personal injury claims, California follows a system of comparative negligence. This means the court will not bar you from seeking damages, even if your own negligence was a cause of your injuries. You may seek compensation for your injuries after an accident, even if you are 90 percent or more at fault. The court reduces the settlement you receive by your fault percentage.
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Medical Bills and Other Expenses
Personal injury law exists to help victims recover financial awards. You should pay the bills associated with your injuries if another person contributed to your harm. Those responsible for your accident should pay their share.
The costs of an accident can add up quickly, especially if your injuries are severe. For example, vehicle accidents and falls that result in traumatic brain injuries (TBIs) can cost thousands. The Insurance Information Institute (III) estimates the average cost of a dog bite homeowners insurance claim is nearly $45,000. HealthCare.gov puts the costs of repairing a broken leg at more than $7,000, while the average three-day hospital stay costs around $30,000.
For many Americans, these sums can have a huge financial impact, leading to massive medical debt or even necessitating bankruptcy. If you are the victim, this is an unfair burden, but an Anaheim personal injury lawyer can assist you.
For many personal injury claims, including vehicle accidents, premises liability cases, and medical malpractice cases, settling your case through insurance may be an option. Your lawyer can help you file your claims and negotiate and review your settlement. If the insurance company refuses your claims or extends a low offer, your lawyer can fight for a better deal. However, if insurance does not offer a resolution, you can file a lawsuit.
When it comes to insurance claims, your attorney can try to recover your economic damages. These are your actual costs, based on things like your medical bills and payment history. Economic damages may include past and future medical costs, damaged property, and lost wages.
In a lawsuit, your lawyer may also seek to recover your non-economic damages, also referred to as damages for pain and suffering. Non-economic damages are awards for the physical and emotional impact of your accident. They may include a sum for things like insomnia, depression, loss of a limb, permanent paralysis, scarring and disfigurement, and anxiety. Your lawyer can help you seek an appropriate sum.
There is a statute of limitations on cases brought to court. You have two years to file claims for personal injury or wrongful death, according to the California Code of Civil Procedure (CCP) §335.1. You have three years for medical malpractice cases under the CCP §340.5. While there is no time limit for resolving your case via insurance, a court will likely throw out your claims if the statute of limitations has passed.
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Ben Crump, PLLC Is Here for You
Every personal injury case is different, and so are the needs of our clients. An Anaheim personal injury lawyer will listen to your claims and work to understand and serve your needs. We know this is a difficult time, and we do not want to add more stress to your accident. Our job is to help settle your case in the least stressful, most advantageous way possible for you and your family.
Our team has won million-dollar settlements and higher for clients with claims of workers’ compensation, wrongful death, drunk driving accidents, and more. We do not back down from difficult cases, and we will not rest until we see your case through to the end. To help you in your pursuit of justice, we will not collect a fee unless we win your case. To find out more, contact Ben Crump, PLLC at (800) 730-1331.
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