Archive for August, 2016

California Personal Injury Laws: An Overview

personal injury lawyerIf you think you have a valid personal injury claim, then it is crucial you hire a personal injury lawyer to help you navigate the sometimes always complicated court system. Personal injury is all too common in the United States; every two minutes a person is injured in a drunk driving crash, and considering that at any given daylight moment across America there are about 660,000 drivers using cell phones and other gadgets while driving, the risk of being injured in a car crash is high. Then there’s medical malpractice, workplace injury, and the countless other ways an accident can befall you. But while your personal injury lawyer should take care of most of the details, it’s still important to have an overview of California injury laws. To get you started, here’s an overview of some California state laws concerning personal injury to be aware of. Time Limits In California you have a two year time period, called the statue of limitations, to file a lawsuit with an accident lawyer against whomever is responsible. This is from the date of the injury, and if you do not file within this time frame the court has every right to deny your claim. If you have a claim against a city, county, or California state government agency, the statue of limitations is much shorter at just six months. Plaintiffs must stick to a strict set of rules in this case, so it is best to get legal counsel at a personal injury law firm right away. Shared Fault Claims If the defendant makes a claim that says you are partially at fault for your own injury, then you have a shared fault claim. In these cases, California follows a pure comparative negligence ruling, which means that the amount of compensation you are entitled to may be reduced if you are partially at fault. Dog Bite Injury Cases California law details that the dog owner is strictly liable for any fault caused to a victim. In these cases, no amount of fault or negligence needs to be proven. That differs from other states, where proof of negligence is required. Some states also have a one bite law, which means a dog owner may not be responsible the first time their dog attacks someone. Slip and Fall Cases To determine if the defendant is guilty of causing a slip and fall accident, one of the following must be true: 1. The owner or an employee must have caused the slippery surface. 2. The owner knew about the dangerous condition and did nothing about it. 3. The owner should have known about the danger because they are of sound mind. Because it’s tricky proving what went on in someone’s head, hiring a slip and fall lawyer is the best way to ensure you get the compensation you deserve. Personal injury lawyers are extremely beneficial because they can help you settle out of court, as only 4% of personal injury cases typically go to trial. Depending on your situation, there are many different types of personal injury lawyers: wrongful death lawyers, burn injury lawyers, and car accident attorneys, to name a few. If you believe you were the victim of a personal injury, do not hesitate to contact our professionals today.

What To Do Immediately After a Slip and Fall Accident

slip and fall lawyerIf you fell and hurt yourself, chances are that it took you a while to get over that flustered and frazzled experience, but maintaining composure is essential when it comes to later litigation. Your observations and memories of the immediate area, nearby witnesses, help that was offered, and other contextual details can be very helpful in regard to later possible litigation. After all, 22% of slip/fall incidents resulted in more than 31 days away from work, and they can be indicative of negligence or other irresponsible behaviors on the part of your employer. In fact, 85% of worker’s compensation claims are attributed to employees slipping on slick floors. Usually, only four to five percent of the personal injury cases in the U.S. go to trial, but that doesn’t mean you won’t pursue the proper compensation for medical costs and the time you could not spend working. Check out these three essential steps to take after you have a slip and fall accident: Inspect the Area Right after you fall, take note of your surroundings. What caused your fall, whether or not anyone saw you fall, and other details are very important. After all, property conditions can be altered after you leave and before you get a slip and fall consultant on the scene. Pictures should be taken immediately, and in the age of our smart devices, getting pictures shouldn’t be too much of a problem. Make a Record If you fell in a place of business, have the manager (it might be your manager), write up a report and include a list of names of witnesses you noticed at the site of the fall. Contact a Slip and Fall Lawyer The information that you have gathered will be extremely helpful to your legal representative once you have filed a claim, and they will be able to get you through the legal process in order to get you the compensation that you deserve. If you’ve been hurt as the result of negligence, you need professional help. Accident attorneys, car accident lawyers, burn attorneys, wrongful death lawyers, and those at personal injury law firms, like slip and fall lawyers, are ready to help you fight for your case.