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Folsom Personal Injury Attorney Gives A General Overview of California Personal Injury Law

Folsom Personal Injury Attorney Gives A General Overview of California Personal Injury Law

Waking up on a normal day, no one expects to need a lawyer by the end of the day. People don’t usually notice the multitude of dangers they encounter on a daily basis. Between dangerous drivers on the road, slick floors in the grocery store, a broken step on the way into work, a neighbor’s unleashed dog, and a faulty product you ordered online, there are many hazards with the potential to cause harm. This may be part of the reason 32 million people were treated for injuries in an emergency room in the US in 2012, according to the National Center for Health Statistics. The nuances that go into personal injury cases are difficult to fully grasp and contacting a Folsom personal injury attorney is the best way to maximize your chances of receiving compensation.

It’s important to understand the laws that protect individuals and how to protect yourself after an incident that causes you personal harm. In order to have a strong personal injury claim in California, there must be physical, emotional, and/or financial injury to the victim inflicted by the defendant.

When an incident occurs, especially a car accident, there is often a police report describing the events. It is very important to get a copy of this to support your claim. In cases where there is no police report or the police report does not assign blame for an incident, it is common for one party to accept the fault at the scene and later changes their story. Insurance companies representing individuals who once admitted fault often have a difficult time accepting responsibility for the damages even though the individual now claims to be innocent.

California is a comparative fault state. This means that each individual involved in an incident may be found partially at fault. The degree to which each individual is at fault affects the degree to which they are compensated and the amount they are required to pay. For example, if two cars collide on the highway and one is found guilty of not yielding when merging but the other driver was texting during the collision, each individual may be a certain percent at fault. Determining the actual amount each party pays could get complicated so speak to a Folsom personal injury attorney regarding your case specifically.

There are many different types of accidents such as:

  • Dog bites
  • Car and motorcycle accidents
  • Slip and falls
  • Workplace accidents – may include diseases or conditions acquired due to the environment of a workplace, such as asbestosis, asthma, workplace deafness, workplace stress, contact dermatitis, repetitive strain injuries, etc.
  • Medical malpractice
  • Defective products
  • Assault claims

There are also a number of different types of injuries victims can suffer. Depending on the situation, many different injuries can be covered under personal injury claims. The following is a list of some of the more common injuries an individual may have when filing a personal injury claim:

  • Broken bones
  • Concussion
  • Back sprain
  • Dog bite
  • Infection

There may also be non-physical injuries that are incurred and for which an individual may be reimbursed:

  • Emotional distress
  • Lost wages
  • Medical costs
  • Pain and suffering
  • Lowered earning capacity
  • Loss of companionship and support from a loved one
  • Punitive damages

If you have suffered any of these types of injuries, it’s imperative you speak with a Folsom personal injury attorney immediately before time runs out in what’s known as statute of limitations.

Statute of Limitations

In California, the statute of limitations for personal injury cases is two years from the date the injury was incurred. This means an individual with the intention to sue another person or group for an injury must file a lawsuit and bring the case to court within two years from the time of the incident. If this is not accomplished, it is very likely that the case will be thrown out and no compensation may be retrieved.

When an individual means to bring a case against any form of government, such as a city or county of California state government, the statute of limitations is actually 6 months in these cases. This is not very much time to deal with all the entities involved and to make a strong case without professional help.

Limits to Damages

There are limitations to compensation under certain circumstances and it’s highly advisable to speak to a Folsom personal injury attorney for specific limitations regarding your case.

  • Uninsured drivers – California law prevents most uninsured drivers from receiving compensation not related to material costs (e.g. pain and suffering or emotional distress) even if the other driver was found to be completely at fault. There is a significant exception in the case that an uninsured driver is involved in a collision with an individual convicted of a DUI related to the incident.
  • Medical malpractice cap – the Medical Injury Compensation Reform Act limits non-material damages to $250,000.
    It is vital to seek out a knowledgeable and motivated law group to take on your case and represent you with all the power of the law behind them.

Call a Folsom Personal Injury Attorney For Your Legal Needs

Whenever anyone is involved in an accident, the emotional and physical pain and suffering could be too difficult to deal with alone. The Weinberger Law Firm has over 20 years of experience handling personal injury claims of all sort. Give us a call at (916) 357-6767 to speak to a Folsom personal injury attorney.

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