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Bringing a Personal Injury Lawsuit in California

BIKLaw Medical Malpractice Lawyer > Personal Injury > Bringing a Personal Injury Lawsuit in California

Many people consider California to be “sue happy”  meaning it’s residents are prone to sue over the smallest issue. Regardless of this image, there are times when Californians should seek legal help to discuss a potential lawsuit. Many of these cases involve ‘personal injuries.’ In legal terms, a personal injury is an injury to the body, mind, or emotions; not an injury to property. When a Los Angeles resident is injured as a result of another’s negligence, they might be able to sue the person and/or their insurance company and recover financial damages. If you have been injured by another person, read on to learn more.

We have discussed certain personal injuries, such as fender benders and birth injury cases. However, the list of possible personal injuries is quite long and a few personal injuries in Los Angeles include:

  • Car / Truck accidents
  • Bike accidents
  • Motorcycle accidents
  • Plane accidents
  • Bus accidents
  • Slip and falls
  • Medical negligence or medical malpractice
  • Accidents caused by defective products
  • Dog bite accidents
  • Nursing home and elder abuse

Under California law, if you or a loved one were a victim these accidents (as well as other injuries that an experienced Los Angeles personal injury lawyer can describe), you may be entitled to personal injury damages. So what exactly are personal injury damages? These include compensatory damages, which are damages awarded as payment for actual injury or economic loss. What types of bills and costs are covered by compensatory damages? Here is a list of what might be considered compensatory damages in California:

 

  • Payments for hospitalization and medication costs
  • Payments for loss of income, current and future
  • Pain and suffering damages
  • Emotional distress damages
  • Loss of consortium damages

There are many factors to consider prior to and while filing a personal injury lawsuit in Los Angeles. Your knowledgeable personal injury lawyer can go over the pros and cons, as well as what you might need to consider in terms of legal limitations and requirements.

Further, if you are a Los Angeleno who is planning to file a personal injury lawsuit, be aware that there is the time limit for bringing the case to court and the amount limit of monetary compensation you may be able to recover. This “time limit” is called the “statute of limitations” and  means that a personal injury lawsuit must be filed in court within a certain period of time or else the claim will be void. Every state has its own statute of limitations and in California, pursuant to Code of Civil Procedure Section 335.1 and 340, an injured person may file for a personal injury claim within two years from the date of injury or after “discovery of harm.”

For more information on what is “discovery of harm” and whether you might be able to bring a personal injury lawsuit for you or a loved one, do not delay in contacting the skilled doctors-turned-lawyers at BIK Law.

The doctors turned lawyers at The Trial Law Offices of Bradley I. Kramer understand both the physical injuries and the laws that protects your rights. If you have been injured by another person’s negligence, contact a skilled Los Angeles medical personal injury lawyer today.

Questions? Contact us