When do You Have a Personal Injury Case?

A presentation brought to you by our personal injury attorneys in Los Angeles

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Personal Injury Lawsuits

A personal injury lawsuit is a type of tort lawsuit filed by a party that has been injured by another.

A key element in a personal injury lawsuit is proving that the injuries were caused by the negligent actions of the plaintiff.

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Types of Personal Injury Accidents

There are numerous types of cases that can be considered personal injury accidents and the party at fault can be an individual, a corporation and sometimes a Governmental agency.

Vehicle accidents or those involving pedestrians, as well as slip and fall accidents or defective products cases are frequent reasons for filing a personal injury lawsuit.

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Meeting with a Personal Injury Lawyer

When injured by another party, you have the right to claim compensations and, if the plaintiff refuses to pay, file a lawsuit for a personal injury case.

You may choose to represent yourself, but meeting with a personal injury lawyer is always a good option. An expert is able to help you sort evidence, build a case and negotiate with the insurance company and the other parties.

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Establishing Negligence

The defendant bases his personal injury case on the other party’s negligent actions.

In most cases, negligence is directly related to the duty of care. An example are slip and fall accidents in supermarkets or other commercial areas. The staff has a duty of care towards the customer to provide safe premises for shopping and other activities.

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The Shared Fault Case

Because not all personal injury cases are the same, in some situations both parties can be blamed. The defendant can use the pure comparative negligence rule applicable in the state of California to prove that the other party was also negligent.

This is common in vehicle accidents, but a personal injury lawyer can represent your case in court and limit the amount of reduced damages you are entitled to because you are also at fault.

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Types of Compensations

When filing a personal injury lawsuit, the plaintiff aims at obtaining compensations for all the damages and suffering brought by the accident.

Types of compensations include economic ones like medical bills and lost wages and also non-economic ones, like pain and suffering, depression or post traumatic stress.

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Personal Injury Claim or Lawsuit?

Personal injury accidents do not have to be settled in court. The plaintiff has two options for obtaining compensations: file a lawsuit against the party at fault or file a claim and negotiate for compensations.

The claim is made towards the other party’s insurance company as a first step before considering the lawsuit. If the other party does not cooperate, you can file a lawsuit with the help of a personal injury lawyer.

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Time and Compensation Limits on Personal Injury Cases

Personal injury lawsuits cannot be filed a long time after the accident took place. California imposes a statute of limitations of two years after the injury occurred during which the plaintiff can file a lawsuit against the defendant.

The time limit can in some cases depend on the type of injury. This applies to medical malpractice cases.

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Legal Assistance in Personal Injury Cases

The rate of success in a personal injury case will depend on the nature of the accident and the degree of fault, but also on your ability to make a strong case.

Our team of Los Angeles personal injury lawyers can represent you in court if you have been injured.

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Thank you for your attention!

For more information please contact us at:

 (+44)203-287 0408 (for international clients)office@lapersonalinjuryattorney.net

http://www.lapersonalinjuryattorney.net/