In the blink of an eye, your entire life can change. One day, you’re going about your day, and the next thing you know, your life has been turned upside down due to someone else’s negligence.
Suffering injuries and other losses in an accident impacts not only you, but your family and friends.
If you are dealing with the aftermath of an accident, you may feel overwhelmed by mounting financial costs coupled with an inability to work.
Personal injury lawyers in Santa Clarita can help. Read on to learn more about personal injury cases and how a lawyer can help you.
What Is Personal Injury?
The umbrella of personal injury cases defines the wide range of situations where a person suffers an injury due to someone else’s negligence.
Under the law, that victim can pursue compensation to the wrongdoer for causing their harm and other losses. Succeeding in a personal injury case requires the victim to prove the four required elements of a negligence claim.
Duty
The wrongdoer must have had a duty to behave reasonably to protect those around them from harm. An example of a duty is that all drivers must operate their vehicles in a reasonable manner and obey all laws to protect others on the road.
Breach
A wrongdoer breaches their duty when they fail to behave according to this duty. An example of a breach would be someone driving while under the influence of drugs or alcohol. Driving while intoxicated is not only against the law but extremely dangerous to others on the road.
Causation
The breach must have caused the victim’s injuries and other losses. In the above example, if a drunk driver hits another driver causing injury, causation is established.
Damages
A victim must have suffered damages due to the breach. Injuries, property damage, and other losses are recoverable from the wrongdoer.
Santa Clarita personal injury lawyers understand what evidence is needed to prove negligence and clear the path to get the compensation you deserve.
How Does an Attorney Help My Case?
An experienced personal injury attorney provides legal knowledge and moral support as you make your way through this complex process. With your best interests in mind, an attorney assists clients in the following ways during their personal injury case:
- Gather and analyze relevant evidence,
- Speak to relevant parties,
- Identify damages and document them,
- Calculate the value of your case,
- Negotiate with insurance companies and attorneys,
- Litigate your case at trial,
- Draft important documents for court, and
- Keep track of essential procedural deadlines.
You may wonder how soon to contact an attorney after an accident. The answer is as quickly as possible. An attorney provides you with a road map after such a traumatizing experience.
A complicated situation becomes less complex with an attorney protecting your rights. You get the time and freedom to focus on what’s important—your physical and emotional recovery.
Attempting to navigate a personal injury lawsuit without an attorney could spell disaster and cause you to miss out on the financial support you are entitled to receive.
What Can I Get in Damages?
California permits injured victims to receive compensatory damages through economic and noneconomic damages. The purpose of compensatory damages is to make a victim whole after suffering injuries and losses in an accident.
Economic damages are direct financial losses stemming from an accident. Common examples of economic damages include:
- Past, present, and future medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Evidence such as pay stubs, invoices, receipts, tax returns, and other similar documentation support an economic damages claim.
Noneconomic damages are more complex to calculate due to their intangible nature. These losses form from the psychological and emotional fallout of a victim’s injury. Common examples of noneconomic damages include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent injury and disfigurement.
A Santa Clarita personal injury lawyer uses objective evidence to prove noneconomic damages. Your testimony and the testimony from your family and friends describing the impact your injuries have had on your life are coupled with reports from experts to help a victim recover these intangible losses.
Is There a Statute of Limitations?
The statute of limitations for any case is the period that a victim has to file a claim. Filing outside of this designated time bars you from proceeding with your lawsuit. Under California law, the statute of limitations is generally two years from the accident date.
Some situations permit you to file your claim after the statute of limitations expires. These situations cause the statute of limitations to toll, temporarily allowing a victim to file their lawsuit.
Delayed Discovery
The delayed discovery rule extends the statute of limitations due to a victim not realizing they suffered injuries or that someone else’s negligent conduct caused the accident.
The statute of limitations begins running when the victim discovers they are injured or becomes aware of someone else’s negligence.
Minor Victim
If a victim suffers injuries as a minor, the statute of limitations tolls until they turn the age of 18. Once the victim turns 18, the statute of limitations begins running for two years, and they can file a lawsuit individually.
Defendant Out-of-State
If a defendant leaves the state before a victim can file their lawsuit, the lawsuit cannot proceed because the defendant cannot be personally served. When this occurs, the statute of limitations tolls until they return to California.
If you believe you missed filing your lawsuit within the statute of limitations period, speak to an attorney to learn whether an exception may apply in your case.
Common Examples of Personal Injury Cases
Personal injury cases encompass a wide range of situations that result in injuries and other losses to those involved. However, personal injury lawyers in Santa Clarita commonly see the following personal injury cases:
- Car accidents,
- Bicycle accidents,
- Pedestrian accidents,
- Brain injuries,
- Dog bites,
- Premises liability or slip and fall cases,
- Products liability,
- Workplace accidents,
- Wrongful death, and
- Motorcycle accidents.
Many other types of cases exist under the umbrella of personal injury law. If you suffered injuries in an accident but are unsure whether you have a claim to recover compensation, speak to a Santa Clarita personal injury lawyer to explore your options.
Contact Us Today to Speak With an Experienced Personal Injury Lawyer
At Peerali Law, we help good people get justice. With millions recovered for our satisfied clients, you receive our experience and knowledge when you retain our attorneys.
We specialize in crafting innovative and creative legal solutions in wrongful death and catastrophic injury matters. Our personal injury attorneys believe that persistence, passion, and creativity bring outstanding results for our clients.
We know what it takes to build a strong case and fight tirelessly to get you the compensation you and your family need and deserve. Contact us today for a free consultation with no obligation. Learn more about how the attorneys at Peerali Law can help you.