Personal injury claims are among the most common, particularly for first-time plaintiffs who might not otherwise engage the litigation process. Though your personal injury claim may seem “straightforward” at first glance, there are a multitude of complexities and challenges that you are likely to encounter as litigation advances — for example, you may struggle to impose liability on multiple defendants who each disclaim responsibility for the injuries at-issue. If you have a potential injury claim in California, a personal injury lawyer at our firm can help.
Here at Banafshe Law Firm, we are patient, compassionate litigators who are well-aware of the challenges faced by plaintiffs as they pursue their claims. We strive to simplify the issues and keep our clients engaged throughout the process so that they are always informed about their litigation strategy and subsequent case developments.
Ready to discuss your case? Contact an experienced attorney at our personal injury law firm today for a comprehensive evaluation.
Being aware of the statute of limitations is critical to successful litigation. In California and throughout the United States, the applicable statute of limitations regulations imposes hard deadlines on injury claims. Failure to bring an action before the deadline passes could lead to an automatic dismissal should you attempt to litigate the claim at a later date.
For example, suppose that you are injured in a car accident involving a distracted driver. You intend to sue the defendant-driver for negligence. After the accident, however, you delay in seeking legal assistance. In fact, you wait two years before finally contacting a qualified personal injury law firm attorney to evaluate the underlying claims. At that point, however, it might be too late to pursue your claims. California imposes a two-year statute of limitations that starts on the date of your injury.
It’s worth noting that there are several exemptions from the statute of limitations, so you should consult with personal injury attorneys before “giving up” on your claims, even if you have delayed for an excessive period of time. In California, for example, plaintiffs can make use of the Discovery Rule to extend their statute of limitations period — the Discovery Rule ensures that the statute of limitations period does not begin to run until the date that the injury was discovered, or should have been discovered. If you sustained a hidden and asymptomatic injury that doctors failed to diagnose until a later date, then you would likely be entitled to make use of the Discovery Rule.
Injured? Make sure to get in touch with Banafshe Law Firm as soon as possible. The earlier you contact a personal injury lawyer, the more time and care can be invested in developing the case and filing proper actions promptly.
If you’ve been injured in an accident, then you may be wondering what sort of damages the accident entitles you to recover under the law. It’s important to understand that (except a punitive award), damages are meant to compensate you for actual past and future losses. As such, successful recovery requires that you be able to prove that you have suffered the actual losses on which your damage assertion is based.
These can be split into several categories.
Economic damages include, but are not necessarily limited to:
Economic damages are a measure of your “financial” losses resulting from the accident.
Non-economic damages include, but are not necessarily limited to:
Non-economic damages are somewhat more challenging to measure than economic damages, as they are a measure of the physical and psychological burdens brought by the accident. This can make it an area of high-opportunity and challenge — for example, the defendant is likely to argue that your physical pain and suffering is minor, and as such, that your recoverable damages should be low. If you can introduce medical diagnostic records and expert testimony supporting your argument that the physical pain and suffering of your post-accident condition is significant, then your personal injury attorneys can counter the defendant and make a persuasive claim for high damages.
Hiring a personal injury attorney is a no-cost investment. Consultations are free, and you don't pay fees unless you win. That said, reviewing the information below may help you identify if you have a claim and assist with your understanding of personal injury and accident law in California.
If you suffer an injury to your person -- physical, emotional or both -- that is legally recognized, and is due to the fault or negligence of another, you have a personal injury case. In some instances you don’t even have to be actually injured, as in assault, where the actions of another led you to an expectation of harm. You may also bring a wrongful death personal injury suit. This is not on behalf of the decedent, but for your loss of financial support as well as companionship. Even if you may be at fault, always speak with a Personal Injury Attorney to discuss your rights.
Until all of your medical costs and loss of income have been determined, it is very difficult to know precisely how much your case will be worth. Along with your treatment costs and lost wages, other factors which will weigh in the total worth may include future and continuing medical care, future lost wages, lost advancement opportunities at work, etc. In addition, your personal injury attorney will generally add damages for pain and suffering.
At Banafshe Law Firm, PC, all personal injury cases are retained on a contingency basis, with no upfront fees. After your case is resolved, our office charges a percentage of the settlement. Once the settlement has been finalized and a check has been issued, the attorney collects his fee, along with other costs which the attorney has incurred in representing the clients. If for whatever no compensation is obtained for the client, no attorney fees are charged.
It is difficult to know how long your lawsuit will take. There are many variables and each case is different. However, it is very important that you don’t rush to settle. You do not know in the early stages after an accident how serious your injuries may be or how much future medical care you might require. Do not ever sign any document from an insurance company without first speaking with a personal injury law firm.
Negligence in a legal sense means failure to use reasonable care. It involves failing to do something that a reasonably prudent person would do in a given circumstance or doing something a reasonable person wouldn't. It applies when an individual’s action or inaction directly leads or substantially contributes to the accident.
The party responsible for your injuries is liable for your medical costs. In personal injury cases the defendant’s insurance company will pay for your medical bills. In most cases you will likely have to wait until after your claim is settled to pay your medical bills. Contact a personal injury attorney to discuss placing your medical expenses on liens, delaying the medical facilities payment until after you case settles. Make sure you keep good records of all your bills for this reason.
The defendant’s insurance company will compensate you for the cost of your medical care once your case is settled. In the meantime, you may use your own health insurance, or personal assets to cover your bills. In some cases the defendant’s insurer will front money to the plaintiff to cover bills, but you should not count on this. If you do not have insurance or access to medical care, our personal injury law firm can assist you with getting you the medical care your need on a lien basis, meaning your treating physicians will get paid from your settlement.
DO NOT SIGN any document from an insurance company without first speaking with a personal injury attorney. This includes documentation from your own insurance company. A personal injury attorney must first read the document, explain what you are legally singing, and then under the direction of an attorney make a decision if it is in your best interests to sign the document. An often used tactic by insurance companies is to mail you a Release of All Claims relinquishing all your rights for less than the actual worth of your case.
Immediately call our office and speak with a personal injury attorney. Depending on the circumstances, we may be able to help you cancel the release you signed and obtain just compensation for you.
The insurance company doesn’t want you to retain an attorney because they know it is very likely, if not definite, that they will pay you less if you are not represented by an attorney. They will make you a low ball offer, lie to you that this is the best they can offer, and will do so early in your case before you have an opportunity to determine the severity of your injuries. Their goal is to pay you as little money as possible. You need an experienced Personal Injury Attorney to obtain the best possible settlement or verdict on your behalf.
If you encounter this situation, you need to call a personal injury attorney immediately. A personal injury attorney will review your policy to determine if you have uninsured motorist coverage and assist you in hopefully locating another insurance policy or other persons who may be liable for your injuries.
If an unsafe condition or failure to warn caused your fall, the store may be liable for the costs of your medical care, loss of income, and other damages resulting from the accident. The question of fault in such injuries develops out of the legal definition of negligence.
If you are unable to travel to our office, we will meet with you at your home, office, or other location that is convenient for you.
If you have been injured in an accident due to the fault of another, then California law may entitle you to a right of action for damages. It’s important that you consult a qualified personal injury law firm as soon as possible. Here at Banafshe Law, our team is standing by to help guide you through the litigation process. Contact us today to schedule your no-obligation meeting.
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