f you or a loved one has been injured in a motor vehicle accident, you may eventually be overwhelmed by the uncertainty of how you should move forward. You may be experiencing physical pain and mental distress because of the accident, which may cloud decision-making. This uncertainty may cause you to delay taking the necessary steps to protect and assert your rights.
While everyone’s set of circumstances is unique, there is certain basic information that can help you better understand the process. Of course, the optimum course of action is to consult with an experienced personal injury lawyer. The attorneys at Moss Bollinger offer free consultations that can help you quickly move forward and seek compensation
Here are answers to some frequently asked questions about filing a claim for personal injuries.
Q. What do I do after an accident?
If you, the other driver, any of your passengers, or any bystander is injured in an accident, getting medical attention is your first and foremost priority. If you are not injured, once you have addressed medical attention for those who are injured, you can take photos or videos of the accident scene. This is especially easier in 2022 because of mobile phone technology. Do not admit fault but freely exchange insurance and contact information with the other driver. Also, make sure that you get the contact information of any witnesses.
Q. How long do I have to file a personal injury case?
California’s statutes of limitations for specific types of personal injury cases regulate the amount of time that an individual has to file a case in a California civil court. Most personal injury lawsuits are regulated by California Code of Civil Procedure § 335.1 CCP and must be brought within two years of the relevant event. These claims include “an action for . . . injury to, or the death of, an individual caused by the wrongful act or neglect of another.” This statute of limitations applies to any personal injury accident, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act.
Q. How much does it cost to assert a personal injury claim?
A. Most personal injury law firms, including Moss Bollinger, represent personal injury plaintiffs on a contingency fee basis. You only pay a fee if your attorney recovers compensation. Otherwise, you only pay the costs of the case. The fee is based on a certain percentage (usually 33 1/3 %) of the recovery. For example, if you receive a personal injury award of $120,000, your attorney will be entitled to $40,000 as his or her fee.
Q. if I am partly responsible for the accident, may I still assert a personal injury claim?
A. In most cases depending on the relevant circumstances, yes. The doctrine of “pure comparative negligence” followed in California allows courts to apportion damages based on fault. For example, even if you are 99 percent at fault, you could still pursue a claim for the one percent that the other party was at fault.
Q. What kinds of damages are available in a personal injury case?
There are two types of compensatory damages in personal injury cases - economic and noneconomic. Economic damages include tangible and easily quantifiable expenses related to the accident and your injuries. You can seek compensation for both past and future expenses. Noneconomic damages apply to intangible losses that result from an accident and are not as easy to quantify as economic damages, hence the name. These types of damages include pain and suffering, as well as mental anguish.
Q. How do I prove I am entitled to damages for my personal injuries?
Unless your personal injuries were caused by another person’s intentional or reckless conduct, the law of negligence will apply. This requires you to demonstrate that the defendant had a duty and violated it, thus legally and directly causing your personal injuries, which caused losses quantifiable as damages.
Q. How long do personal injury cases take?
Every personal injury case is different. It is no easy task to predict how long any personal injury case will last until it is concluded and one side prevails. The time frame is affected by the number of parties involved, the complexity of the claims, the extent of the injuries, and the willingness of the at-fault parties to settle within a reasonable time in a reasonable manner.
If you have suffered an injury in any type of accident, and another party is responsible for this harm, you have a right to compensatory damages for your losses. The personal injury attorneys at Moss Bollinger can help you assert your valuable right to compensation. Moss Bollinger is dedicated to protecting and asserting the rights of our clients. Call 866-942-7974 today for a free consultation or contact us online.