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Personal injury, also called tort, statutes protect the public when someone’s negligence causes other bodily injuries and property damage. The regulations allow you to file a lawsuit in civil court to recover damages from the at-fault person or people. While vehicle collisions of all types are the most common cause of these lawsuits, a vast range of cases falls within the field of law.
Accidents can be frightening, especially when you do not know how they will financially impact you. Fortunately, you have resources and do not need to handle things alone. A Sun Valley personal injury lawyer could help you pursue compensation from the person responsible for your injuries. We could gather evidence, review the facts of the case, and craft the strongest possible argument to help you receive damages to help you and your family recover.
Accidents with vehicles are the most common type of personal injury cases, but many other incidents fall under this category as well. Some examples of cases falling within personal injury laws include the following:
Wrongful death, which occurs when someone’s recklessness causes another to sustain fatal injuries, also falls within tort regulations. The laws allow the surviving family members to pursue legal action to obtain compensation from the at-fault party.
Civil claims must establish four specific elements are present to win damages. Those include duty of care, breach of duty, causation, and damages. Everyone has a legal responsibility, called duty, to use caution and prevent causing harm to others. When they fail to do so, they breach that duty of care.
Causation is the existence of a link between the defendant’s actions and the plaintiff’s injuries and losses. Lastly, hospital bills, expert statements, medical records, and other documentation can establish the plaintiff sustained verifiable damages.
Many personal injury cases settle through insurance company negotiations when the plaintiff accepts a payout. The at-fault party’s insurer usually reaches out within a few days for a statement about what happened and to discuss the potential payout amount.
An attorney in Sun Valley could handle the communication and ensure they reach a fair settlement amount in the personal injury case. If they cannot reach a suitable agreement, they could take on the legal work and file the claim in civil court.
The personal injury statute of limitations imposes a strict expiration date on the time for filing a lawsuit against someone to collect damages caused by negligence. The California Civil Code § 335.1 instructs that the injured party must file the claim within two years of the cause of action in most cases.
However, in specific instances, such as medical malpractice, they have three years from the date the negligence happened, or if they discover the injuries later, they have one year from that date. Missing the deadline will often mean losing eligibility to collect a settlement.
State personal injury laws follow a pure comparative negligence doctrine, which assigns responsibility for damages based on each party’s percentage of fault. Even if the court determines the plaintiff shares liability, the plaintiff can collect a settlement from the defendant for their portion of the fault, regardless of how much responsibility each carries. During the consultation, a lawyer in Sun Valley could review the applicable personal injury statutes and answer specific questions.
Accidents can happen anytime, anywhere, and for many reasons. However, when they occur because of a person or business’s carelessness, you have the right to pursue compensation from the liable party.
Tort laws are available to protect you by returning you to the financial position you were in before the accident occurred. The rules are complex, and proving the defendant’s full extent of negligence is essential to collecting a fair settlement. A hard-working and experienced Sun Valley personal injury lawyer could help you obtain the financial compensation you deserve. Call us today to schedule a consultation and learn more.
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