Personal Injury Case Examples
Personal injury law encompasses a wide range of cases, from medical malpractice to dog bites. This field of law can broadly be divided into four categories: accidents, intentional acts, defective products, and defamation. It is deemed an accident when someone is injured due to the reckless or negligent actions of another.
Common examples of accidents that may result in personal injury cases include automobile accidents and slip and fall accidents. In contrast, intentional acts are when a person’s intentional behavior is found to be responsible for causing harm to another, such as assault and battery. The third category, defective products, occurs when a product is defective or unreasonably dangerous and causes injury. Defective product lawsuits can include everything from medical devices and car components to children’s toys. Finally, defamation is the fourth category of personal injury law and it involves one person making defamatory statements about another.
Experienced personal injury attorneys, like those at AAESQ Law, have the skills and expertise to handle all kinds of personal injury cases. For example, our team of award-winning personal injury attorneys in Southern California has won lawsuits involving auto accidents, dog bites, pedestrian accidents, traumatic brain injuries, Uber/Lyft accidents, bicycle accidents, work injuries, slip and fall accidents, wrongful deaths, and more.
What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal dispute that may arise when one person is harmed from an accident or injury, and the person who caused that harm may be legally responsible for doing so. Filing a personal injury lawsuit provides an avenue for the injured party to seek compensation for the hurt they have been caused. The purpose of this type of law is to financially compensate the victim in an effort to make them feel “whole” again and return their life to what it was like before the injury. It’s worth noting that in several states, a personal injury lawsuit can be filed over both physical and emotional injury.
As mentioned above, personal injury lawsuits can involve someone else’s negligent, reckless, or intentional conduct. They can also encompass a wide range of accidents and injuries, including but not limited to bicycle accidents, pedestrian accidents, product liability, dangerous roadways, spinal cord injuries, uninsured motorist claims, traumatic brain injuries, work injuries, premises liability, wrongful deaths, construction site accidents, dog bites, motorcycle accidents, drowning accidents, slip and fall accidents, trucking accidents, and Uber/Lyft accidents.
When filing a personal injury lawsuit, you may wish to hire a personal injury attorney to represent you. The team at AAESQ Law has over 40 years of experience under their belt and knows how to handle all kinds of personal injury cases. Whether you were bitten by your neighbor’s dog, slipped and fell in front of your local grocery store, or got into a motorcycle accident, we can help.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time that those involved in a dispute have to initiate legal proceedings from the date of the incident. Most states have a statute of limitations on personal injury cases. For example, in the state of California (pursuant to the California Civil Code of Procedure 335.1), injured parties have two years to file a personal injury claim from the date of the incident. The two exceptions to this rule are if property damage was involved, such as your vehicle being damaged during the accident (in this case you have three years from the date of the incident to file your claim), and if the incident involved a government employee or property, such as a government vehicle (in this case you have just six months from the date of the incident to file your claim). The statute of limitations on personal injury cases may vary from state to state, so it’s important to research this independently or seek the help of a personal injury attorney in your home state to make sure you are still eligible to file a claim.
How to File a Personal Injury Claim
The first step in filing a personal injury claim is to meet with an attorney who specializes in personal injury law. Most law firms, including AAESQ Law, offer free consultations to prospective clients. Meeting with an attorney will give you insight into the process of filing a claim and what to expect in the months to come. A personal injury attorney can also offer professional advice as to whether you have a strong case that’s worth pursuing.
Should you decide to proceed with filing a personal injury claim, we recommend hiring an attorney to represent you. An attorney will begin by filing initial papers with the court on your behalf (these papers are called pleadings). Next, the case will enter the fact-finding and discovery phase, where each side of the lawsuit attempts to gather as much information and evidence as possible about the opposing side to establish the facts of the case. Methods used in the discovery phase may include written discoveries, depositions, and document production. Negotiations are next, which is when your attorney will attempt to settle with the at-fault party. If a settlement can be agreed to, the case ends. However, if a settlement cannot be reached, the case goes to trial, where a final ruling will be made. Once your personal injury case is over, whether you’ve “won” it in court or through negotiations, the last stage of the process is collecting your compensation.
We hope this article has helped you gain a better understanding of the different types of personal injury cases, as well as how to go about filing a personal injury lawsuit. If you or a loved one was recently injured and you’re considering filing a personal injury claim, get in touch and set up a free consultation with one of the skilled personal injury attorneys at AAESQ Law. During the consultation, one of our attorneys will walk you through the process of filing a legal claim and offer their opinion as to whether your case is worth pursuing. All AAESQ Law attorneys operate on a contingency fee basis, meaning we don’t get paid unless you win your case. Contact us today to ensure you receive the compensation you deserve.
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