YOUR RIGHT TO FILE PERSONAL INJURY CLAIMS
Every person injured due to the negligence of another party has the right to claim damages and losses as a result of the accident.
There are different types of personal injury accidents that happen on a daily basis. In traffic accidents, there are various instances where a person can suffer personal injuries, from the car accident, bicycle accident, motorcycle accident, pedestrian accident or even bus accident, truck accident or train accident.
Another type of personal injury accident that is common in California is premise liability accident; this type of accident includes slip and fall accident, trip and fall accident, dog bite, personal injury or construction accident. Aside from the preceding, there are still other accidents that happen despite our due care, and they are boating accidents, animal attacks or aviation accidents.
In any of the above accidents, the victim will undoubtedly suffer damages, injuries, and losses that will most likely put a strain on the victim and his family, economically, physically and emotionally. The known bodily injuries suffered by a victim in any personal injury include scratches, bruises, and wounds to more critical injuries like spine injuries, fractures, burn injuries, head injury, and even brain injury. In the worst instances, the victim may also suffer wrongful death.
Therefore, if you are among the victims of negligence accidents, you should be aware of your rights to seek compensation against the party at fault.
AS A PERSONAL INJURY ACCIDENT VICTIM IN CALIFORNIA, YOU ARE ENTITLED TO SOME OR ALL OF THE FOLLOWING CLAIMS:
- Property damage relating to the repair or replacement of your vehicle, including a reasonable amount for rental and storage fees;
- Actual medical costs for your examinations, evaluations, and treatments, including surgeries and post-operative care;
- Future medical care for recommended procedures post-discharge;
- Lost earnings due to absence from or inability to do work, which includes future or prospective loss of income;
- Pain and suffering, which provides for emotional pain and psychological trauma; and
- Punitive damages when it is proven that the negligent party acted with recklessness or in complete disregard of your welfare.
However, knowing that you have a right to claim damages and obtaining them against the party at fault are two different matters altogether. Aside from big insurance companies, you may also be facing large defense law firms. So, it is never advisable to seek compensation on your own for any personal injury claims. The best and probably the only smart thing to do is seek legal assistance from top personal injury attorneys in California who have years of experience in representing negligence injury victims as well as vast knowledge in the different laws relating to personal injury accidents. And the numerous legal processes that are available to the victim in claiming damages against the party at fault.
As a victim, you have a right to either negotiate your claims against the party at fault or, in the alternative, file a personal injury complaint or lawsuit. In any of these legal avenues, you still need to prove that the other party caused the collision or the accident and that your claim for the number of damages and losses are amply justified. You cannot do this on your own. You need to be represented by expert personal injury lawyers who are adept at proving fault on the part of the negligent party.
It doesn’t matter if you think you only suffered minor injuries due to a negligence accident. Regardless of the number of your claims, the other party will do everything to minimize or avoid liability. Therefore, if you are serious in claiming the maximum compensation you and your family deserve and to make sure that you are provided with present and future medical care which you might need to totally heal yourself and put your family back together again, heeding the above advice would be your first step in the successful recovery of your damages and losses against the party at fault.