Understanding California Personal Injury Claims

 Posted on August 21, 2024 in Car Accident

You have probably heard that you may be entitled to compensation if someone else causes an accident that injures you. However, there is a lot more to getting a settlement than filing a claim and waiting for your payout. Personal injury claims have the potential to become complicated, and you need to know how to overcome the challenges to receive a reasonable settlement amount.

You do not need to face these hurdles alone. An experienced lawyer from Maineri Law Firm can help by rigorously protecting your best interests while giving you the personal attention you deserve.

What Is a Personal Injury Claim?

When you sustain an injury because of someone else’s negligence, you may be able to get compensation through a personal injury claim. As the basis for most of these claims, negligence is a legal term that means failing to behave as a reasonable person would in the same situation, whether by action or omission. Speeding is an example of a driver’s negligent action, and not checking blind spots before merging is an omission.

Proving Negligence

To prove negligence, these statements must all be true:

• Someone owed you a duty of care, which is a legal obligation to use reasonable care to avoid harming others.

• That party failed to provide the duty of care.

• The failure directly caused your injuries.

• Your accident and injuries caused you to suffer losses.

When you have evidence proving negligence, you likely have grounds for filing a personal injury claim to obtain damages. Damages refers to money that reimburses or compensates you for eligible losses. Without the right kinds of supporting evidence, the liable parties are not required to pay you for your losses.

CA Pure Comparative Negligence

More than one party often shares fault for causing an accident. Each state has laws determining eligibility for obtaining compensation after an injury occurs. California uses pure comparative negligence. Even if you are 99 percent at fault for causing your own injury, you can get compensation from other responsible parties. At-fault parties are liable for the portion of damages their negligence causes; if you are 25 percent at fault for your accident, you are responsible for 25 percent of your damages.

Types of Personal Injury Claims

Whether your injury results from an accident or intentional act, you may be able to collect compensation after:

• Car accidents

• Truck accidents

• Premises liability incidents

• Other kinds of vehicle accidents

Many other kinds of incidents may qualify. If you believe you have a valid personal injury case, contact Maineri Law Firm for your free consultation. We will discuss your incident and legal options.

Damages in Personal Injury Claims

All cases have unique factors determining what damages you may be eligible to receive and how much you might obtain. Common damages include:

• Medical expenses

• Ongoing care

• Property damage

• Lost wages

• Losing the ability to enjoy life

• Pain and suffering

Your legal team from Maineri Law Firm will calculate your damages and work to maximize your compensation.

Challenges You May Face in Your Personal Injury Claim

Depending on the nature of your accident, you may encounter various challenges in the process of trying to negotiate a favorable settlement:

• Identifying at-fault parties

• Gathering evidence proving negligence

• Receiving an unreasonably low settlement offer

• Dealing with insurance company strategies designed to undermine your claim

• Choosing the right course of action

Your attorney from Maineri Law Firm will be by your side to help you overcome these and other challenges.

Contact Us Today for Your Free Consultation With Our Experienced Temecula, CA Personal Injury Lawyer

Since 1998, Maineri Law Firm has handled numerous personal injury cases in California. We will use our vast experience to help you achieve the best possible results for your claim. Call us now at 951-698-4200 to speak with our effective Riverside County, CA personal injury attorney.