Becoming injured due to another party’s reckless, careless, or malicious behavior could make you eligible for compensation under personal injury law. However, not all injuries equate to a valid claim, even if you suffered financial losses. As a victim, you must have a thorough understanding of the situation before filing a claim or pursuing a case.
It is best to consult with a San Jose personal injury lawyer from Ben Crump Law, PLLC, to know your legal options. Our team will help you determine whether you have a strong case for holding another party liable for your injuries. Call 800-730-1331 today to schedule a free initial consultation with one of our representatives.
Common Types of Personal Injury Cases
Many people associate a personal injury case with a car accident; however, it is not the sole reason for such claims. There are other types of incidents where an individual’s wrongful conduct led to injuries and economic losses.
Vehicle Accidents
Car accidents are not uncommon, but they happen primarily because of a driver’s actions. The reasons behind the incident often run a gamut of possibilities, and the driver at fault should bear the financial consequences of the accident.
Premises Liability
Business owners are responsible for keeping their premises free of safety hazards through routine maintenance and adequate warnings. So, if a customer or guest becomes injured on the property, they can hold the property owner or tenant accountable for the harm they suffered due to negligence.
Dog Bites
In California, dog bite incidents fall under a strict liability rule for owners. CIV § 3342 would hold dog owners automatically responsible for bite-related injuries, even if the dog did not exhibit aggressive behavior previously. However, the attack must occur in a public place or when the victim lawfully was on private property for this law to apply.
Medical Malpractice
Healthcare professionals have the responsibility to provide a standard level of care to their patients. If their failure to perform this duty resulted in injuries, the victim could hold them liable for all or some of the damages suffered. Medical malpractice can occur at any point during the treatment process, covering checkup, diagnosis, prescriptions, and follow-up medical procedures.
For a free legal consultation with a personal injury lawyer serving San Jose, call 800-730-1331
Assault, Battery, and Other Intentional Acts
Cases of assault, battery, and intentional infliction of harm to others also classify as personal injury incidents. Unlike accidents caused by negligence or recklessness, these may include criminal charges because of the malicious intent to harm.
If any of the above happened to you, you could seek compensation for the injuries you suffered. Before pursuing a legal claim, you might want to speak to a San Jose personal injury lawyer first to understand what your next steps should be.
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Damages You Can Recover from a Personal Injury Claim
An essential element of a personal injury claim is actual damages suffered—the victim must have injuries severe enough to warrant compensation. Often, harm from the incident will likely result in an additional financial burden to you and your loved one. Fortunately, you can recover most, if not all, economic losses from the liable party, such as:
- Medical expenses, including future treatments
- Lost wages and future earnings due to permanent disability
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Loss of enjoyment of life
Keep in mind that financial recovery differs from one case to another. Many factors come into play when determining the amount you may receive, so it is crucial to have supporting documentation and evidence to prove your claim. California law limits some economic and noneconomic damages for specific personal injury cases.
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Establishing Liability Essential in a Personal Injury Case
Before you can receive compensation for your injuries, you must have a legal basis in holding another party accountable for the incident. They must have failed or breached their legal duty of exercising reasonable care. In many personal injury cases, negligence is the most common reason. Even if there is no intent to hurt another person, carelessness can lead to harm, making one liable for the consequences.
Unlike negligence, recklessness is a conscious behavior, treated the same as intentional actions. For instance, a drunk driver is responsible for any resulting injuries and property damage from the automotive accident.
Sometimes, the victim is partly responsible for the incident. California follows a comparative negligence standard (CIV § 1431.2) in which your share of the fault will reduce the amount of compensation you receive. You might want to consult a San Jose personal injury lawyer to help determine liability in your case. Reach out to Ben Crump Law, PLLC, today to discuss your case with a team member.
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Why Work with a Personal Injury Lawyer
Personal injury claims related to vehicle accidents, slip and fall incidents on properties, dog bites, and medical malpractice often involve insurance companies. In such instances, they typically offer settlement amounts lower than the maximum compensation you could get. If you represent yourself, expect to have difficulties throughout the entire proceedings.
A San Jose personal injury lawyer has experience negotiating settlements with insurance adjusters for suffered harm. They can help you estimate the right amount and type of losses applicable to your situation, despite the caps and limits under California’s personal injury laws. Should you choose to pursue a lawsuit and reject the offered settlement, they can represent you in court.
Call Us Today for Legal Support You Can Trust
At Ben Crump Law, PLLC, our legal professionals are always ready to lend a helping hand. It does not matter whether your claim is big or small. We understand the difficulties that victims face while recovering from an accident. One of our team members can gather information, investigate your case, and negotiate a fair settlement. Call 800-730-1331 today for a free no-obligation consultation with a member of our team.
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