Many who have suffered a personal injury ask the question, How Do I Know If I Have a Personal Injury Case?
As a general rule the laws in all states provides a mechanism for people to obtain monetary compensation if they have been injured because of someone else’s negligence. The negligent act can range from driving car, to unsafe premises, to professional negligence. By way of example, I am talking about car accidents, slip and fall accidents and medical malpractice. If you have been physically hurt or injured as a result of a careless or negligent act, then you may have the right to claim compensation for your injuries.
Keep in mind that every personal injury case is different. A valid and compensable claim depends upon the facts in your specific situation. Although personal injury claims have common elements each type of personal injury claim (automobile accidents, trip and fall, medical negligence, etcetera) has specific laws that apply to the type of claim. This is why it is important to consult an experienced personal injury attorney, such as me, Richard M. Katz, Esq. at the Law Offices of Richard M. Katz to discuss a potential claim you may have. Our telephone number is 626-796-6333 and our website is lawyer-personal-injury-law.com.
Some of the common and main issues in establishing a personal injury claim include:
1. Liability, that is who is at fault?
In any personal injury claim arising from an accident or incident an individual or organization can be held legally responsible for your injuries and damages. If you can prove negligence. Sometimes negligence is referred to as the “failure to act in a reasonably prudent fashion.” Although the language may vary on the type of claim you have, essentially this is what must proven. Whether someone or an entity acted “negligently” is based upon the facts. For instances, in a car accident if speeding or following too close was the cause of the accident, probably negligent. For a trip and fall or slip and fall case a dangerous condition created by the owner of the property or failure to fix a bad staircase, probably negligent. In a medical malpractice claim a physician who fails to act as a reasonably prudent physician in the same or similar circumstances probably negligent. Ultimately the questions posed are the facts sufficient enough to prove that an individual, or organization, was in whole or in part responsible for your personal injuries. Keep in mind that in California and many other states you can pursue your claim even if you were partially at fault for the incident. The laws in many states, including California provide immunity (does not allow a claim to be brought) to certain entities or people. This is why it is important to consult an experienced personal injury attorney who can evaluate your specific case.
2. Does it Make Economic Sense to Purse a Claim, That Is What Are the Nature and Extent of Damages?
Even if you feel that someone has acted negligently and caused you harm, the injuries, losses and damages stemming from the negligent act may be minimal. For instance you are in a car accident, hit from behind, it was a light tap, your car suffered no property damage and you were a little sore for a day or two. It is very likely that the costs involved in prosecuting a lawsuit may be more than the monetary damages you could recover.
3. Do I Still Have Time to Bring an Action, That Is What Are Statute of Limitations?
California like every state has a statute of limitations for every potential claim. Generally a lawsuit or claim must filed within the “window of time” allowed for a particular claim. The time limits are different depending on the nature of your case i.e. auto accident injury, medical malpractice, product liability claim. Is a governmental entity involved? It is critical to know the time limitations applicable to your claim because if a timely action is not brought or filed before the applicable statute of limitations has run, it is likely that your claim will be forever barred. Another good reason to consult an experienced personal injury attorney.
If you have questions about your personal injury matter, you need to speak to an experienced personal injury / medical malpractice attorney who can help you evaluate your situation and provide you with your legal rights and options. Remember consultations are free so there is no charge to have your case reviewed by me. I, Richard M. Katz, Esq., am here to answer your questions and give you help. For a free consultation, please feel free to give me a call. 626-796-6333. I look forward to talking to you. Our website is lawyer-personal-injury-law.com