Personal injury is a legal field that deals in cases where a person has suffered a personal injury due to someone else’s negligence. Therefore they can file to claim to receive compensation. However, in reality, not all cases are filed to meet the requirements of personal injury law.
When a person gets seriously injured, they may have many questions about their rights. In this article, we will discuss the basics of personal injury law and common misconceptions that surround personal injury law in Sacramento.
According to research by the Centers for Disease Control, around 29.4 million people seek medical assistance at hospitals every year due to personal damage caused by unintentional injuries. If someone’s negligence causes you physical and emotional distress, you deserve to get compensated for it.
What Are Personal Injury Cases?
When one individual is hurt due to another person’s negligence or intentional behavior, a personal injury lawsuit comes about. While most personal injury cases get resolved without filing a formal lawsuit, they occasionally go through a trial. In some cases, the parties may decide to resolve their dispute through arbitration or mediation, which is a process that lies between a trial and an out-of-court settlement.
There are several personal injury cases, from medical negligence to automobile accidents. Since some instances are common and minor damage is caused, there isn’t a lot of money involved. However, cases that are of a much more severe nature involve claims of millions of dollars.
If you have been hurt or injured and want to file a personal injury lawsuit, keep in mind that state laws will govern the statute of limitations for your claim. These laws vary based on the type of negligence or crime involved in the case.
Common Types of Personal Injury Law Cases
Thousands of cases involving common personal injury claims are resolved or heard by courts each year. In some instances, they even lead to victims receiving significant financial compensation for their physical and mental distress.
However, in some cases, personal injury lawsuits are never made due to a lack of knowledge or representation of the injured party.
From traffic accidents to product liability, here are the most prevalent personal injury lawsuits you should know about:
- Auto Mobile Accidents
- Falling or Slipping Accidents
- Harm Caused By Medical Negligence or Malpractice
- Wrongful Death
- Injuries Caused by Poor Workplace Safety Conditions
- Product Liability
Misconceptions About Personal Injury Law in Sacramento
Claims related to personal injury law are often misunderstood, which leads to the development of untrue beliefs and assumptions about the claim filing process. These misconceptions may discourage the injured party from taking taken and receiving the compensation they deserve.
It is easy to feel overwhelmed by all the negative information surrounding personal injury law. Therefore, you must understand the truth regarding personal injury claims and fully know your legal rights to compensation for damages incurred due to unintentional injuries.
Here are some common misconceptions or myths about personal injury law in Sacramento:
Myth #1: Personal Injury Lawsuits Take a Long Time to Settle
One of the most common misconceptions about personal injury law, which discourages people from acting, is that it is incredibly time-consuming. However, that is not always the case. Most personal injury law cases take only a couple of months to resolve, whereas more straightforward cases typically get resolved within a few weeks.
Before filing a personal injury lawsuit, it is essential to remember that the nature of every claim is unique, and the timeframe will depend on the individual’s circumstances and recovery period. One must not settle for a claim until they have fully recovered because only then can you know about your damages.
Myth #2: Personal Injury Lawsuits Are Extremely Costly
Another common misconception about personal injury law cases is they are costly. Therefore, many people end up not filing a claim because they think there are high costs involved. However, many personal injury lawyers offer free consultations for the first time. Therefore, you can learn about the process without spending any money.
Moreover, some personal injury lawyers also take pro bono or no-fee basis, allowing you to get compensation without incurring any costs.
Myth #3: You Can Only File a Claim If You Have Experienced a Serious Injury
An additional common myth surrounding personal injury law is that you are only eligible to file a claim if your injury is severe. However, that is not the case. You can even file a personal injury lawsuit if you have received psychological or mental distress due to an accident.
Myth #4: You Can Only Make a Claim If There Was a Witness Present at the Time of the Accident
People are often hesitant to file a claim because they believe they can only file one if they have a witness to prove their claim. While it is true that a witness can make your case stronger, it is not a requirement.
There are many other methods to prove that the accident was not your fault. For example, you could request the police officer who attended the scene to make a statement or try to obtain footage from a CCTV camera.
Myth #5: Your Claim Will Only Be Valid if the Accident Occurred Recently
Some people refrain from making a personal injury law claim because they believe their case is only valid if the accident took place recently, which isn’t the case. You can file a personal injury law claim within two years after the date on which the accident took place.
However, your chances of success increase if you gain legal advice right after the incident.
Myth #6: You’ll Have to Go to Trail to Get Compensation
Another misconception about personal injury law is that you must go to court to fight your case, which is time-consuming and costly. However, that is not the case. The other party’s insurance agency settles most personal injury law cases before the case gets to this stage. Moreover, personal injury law cases also go to court if the nature of the accident is severe.
However, suppose your personal injury law case goes to trial. In that case, it is probably because the at-fault party’s insurance company does not agree with the amount you claimed. Thus, in this scenario, the case will go to trial and be presented to a judge or jury who will decide how much money the other party should be paying you.
Myth #7: It is Easy to Get Money When You Have Experienced an Injury
The nature of every personal injury law case differs, and not all of them meet the standards required by law for them to qualify.
Therefore, it can be challenging to get compensation. Even when the other party is clearly at fault, settling with the insurance company can be challenging. Some insurance companies contest even the most straightforward and apparent malpractice or negligence cases. Thus, it would be best to speak with an attorney to ensure you get a reasonable and fair settlement.
Myth #8: You Don’t Need an Attorney to Fight a Personal Injury Claim
It is a common myth that you don’t need an attorney to fight a personal injury law case. Such cases can be complex, so we recommend seeking legal help to fight your case and get fair compensation. A personal injury law attorney will also help you navigate the process while ensuring all the case facts are presented accurately.
Myth #9: You can File a Personal Injury Claim at Any Time
For each state in California, the statute of limitations for personal injury law vary. However, the period is usually two years. Therefore, if you have received an injury, you must act fast and file and claim before you miss the deadline. If the injury is severe, it may take some time for you to recover.
In this situation, we recommend waiting until you have fully recovered before filing a lawsuit. Doing so will allow you to assess the exact compensation you deserve. However, even if you decide to wait, you should still contact an experienced attorney right after the accident to get legal advice.
Myth 10: Personal Injury Lawyers Only Deal With Traffic Accidents
A personal injury occurs when someone suffers physical or emotional trauma due to someone’s negligence or malpractice. Personal injury law is not limited to traffic accidents; you can claim compensation for economic and non-economic damage like mental trauma, hospital bills, time lost at your workplace, and more.
What to Do if you Have Been Injured?
Getting injured in an accident can be very stressful as you must deal with physical and emotional trauma. Here are some steps you must follow if you have been in an accident:
- When faced with such an incident, the first and most important thing you have to do is to seek medical attention. Even if you don’t immediately believe the damage you sustained was significant, adrenaline can occasionally conceal the pain. Therefore, it’s always best to stay safe regarding your health.
- Next, consider getting details about the incident as well. For example, pictures of the accident are beneficial if you file a lawsuit following an automobile accident. Moreover, obtaining the contact information of the witnesses can also be helpful because it could be challenging to locate them afterward, so don’t delay it.
- The following step is to get in touch with a personal injury lawyer. Again, even if you don’t believe your damages are significant, you should still have an experienced and knowledgeable legal counsel to fight your case in case it turns out to be more severe than you first thought. Moreover, if you plan to file a lawsuit, start the procedure as soon as possible to increase your chances of getting compensation.
With all the legal jargon and paperwork involved, it can be challenging to navigate the legal system. Personal injury laws can be complicated to understand, especially when dealing with severe injury cases. Therefore, if you’ve been in an accident, it is crucial that you hire an experienced attorney to handle all the legal work and, so you can focus on recovering swiftly. They will help you get the compensation you need to recover from the injury.
Suppose you have received an injury due to another party’s negligence or malpractice in Sacramento or anywhere else in California. In that case, we recommend immediately consulting a trusted legal professional.
Legal help is imperative in these times. Therefore you must select the best attorney for you when you need legal assistance so they can provide you with the proper guidance and help you obtain the highest compensation possible for your claim. Your attorney must possess the skills and expertise necessary to succeed in court. You can choose the best action after seeking their expert legal option.
Are you seeking a knowledgeable, experienced, and well-practiced personal injury lawyer in Sacramento, California? Contact Ashley Injury Lawyers today! They will provide you with the guidance you need to win your case. We have helped many clients in personal injury law cases and understand how the process works from beginning to end.
Our attorneys have years of experience in the field and can help you decide how to proceed to obtain the compensation you deserve. Our attorneys are professional and caring and offer to see you at home for the initial meeting, so you have time to recuperate from psychological and emotional trauma. Moreover, our team of legal experts also does a fantastic job in coming up with strategies and gathering the required evidence to assist you in getting the justice you deserve.
Call Ashley Injury Lawyers at 916-419-1111 to schedule a free consultation or an initial appointment to discuss your case. We also have a customer support service available round the clock for your assistance.