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What Does Personal Injury Law Cover?

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What Does Personal Injury Law Cover
By Ashley Amerio

California experiences rain from October to March. As a result, some drivers are inexperienced with driving on slippery roads. It should be no surprise that hundreds of automobile accidents resulting in personal injury claims occur in California during the rainy season.

Slippery roads make it more difficult for drivers to maintain control of their vehicles, increasing the possibility of getting involved in a car accident. However, in California, slippery roads are not the only cause of automobile accidents during the rainy season. Other contributing factors might increase the chances of car accidents, including excessive speeding, driving slowly, and poor view.

Excessive Speeding: Slippery roads can become a breeding ground for tragic road accidents during the rainy season, mainly if the driver operates excessively fast. According to California Vehicle Code (CVC) 22348, sometimes known as the Speeding Law, a person may operate a motor vehicle on a public roadway at a speed of not more than 65 miles per hour. The speed limit on freeways in the state is 70 miles per hour. During the wet season, drivers must stick to this CVC because slippery roads and excessive speeding can result in deadly road accidents.

Driving Slowly: Not all but a few drivers tend to overvalue the risks of the road, which is why some of them automatically become timid or cautious when it is raining. The practice of slow driving may seem like an easy way to avoid car crashes due to slippery roads; yet, this is not the case. When someone drives inexplicably slowly, they make it difficult for other drivers to maintain a safe space between themselves and the vehicle in front of them. That’s how rear-end crashes happen.

Poor View: During the rainy season in California, fog is the most viable threat for many drivers. Blind zones grow excessively wide due to fog, making it harder to see clearly. A poor view can cause the driver to become “blind,” increasing the chances of getting involved in an automobile accident.

According to the National Highway Traffic Safety Administration, more than six million road accidents occur each year in the United States. Anyone who shares the road in California, whether a motorist, a pedestrian, or a biker, should be aware that the state can be dangerous. After a minor rear-end collision or a serious accident, victims may be unable to think clearly; therefore, it’s crucial to educate yourself on the subject of personal injury lawsuit.

What Is Personal Injury Lawsuit?

The term “personal injury lawsuit” refers to a legal action taken against a legally accountable individual for an accidental injury. In other words, personal injury laws apply in circumstances where someone acts in a negligent manner and that carelessness results in the harm of another individual. “Filing a lawsuit” is the legal term for this action.

What Is the Statute of Limitations?

A statute of limitations, also known as a prescriptive period in civil law systems, is enacted by a legislative body that specifies the maximum amount of time to file a legal case against the person legally accountable for an injury. There are varying deadlines for filing different types of lawsuits. Note that every state has different time limits for filing a case in civil court.

Personal Injury Lawsuits in California

Injury victims in California have two years from the date of the injury to go to court and file a lawsuit against individuals who may be at fault under California’s statute of limitations for personal injury lawsuits. Suppose you do not file a personal injury lawsuit within this two-year term. In that case, the court will likely refuse to consider your case at any point in the future, and you will lose your entitlement to compensation. However, some possibilities may cause the deadline to be extended. Section 335.1 of the California Code of Civil Procedure contains the statute of limitations for personal injury claims in California.

What Falls Under Personal Injury Law?

“Personal injury” refers to any injury incurred in an accident. A plaintiff seeks compensation (typically in the form of monetary compensation) for the harm caused by the defendant’s acts. These types of injuries might result from car accidents, slip and fall incidents, defective products, or wrongful death lawsuits. On the other hand, physical injury is more limited in scope. It may refer to injuries caused by another person, most commonly in an automobile accident.

What Does a Personal Injury Claim Cover?

An individual who has been harmed in an accident and has suffered due to someone else’s negligence may be able to file a personal injury lawsuit. Following a personal injury, filing a claim for pain and suffering, lost earnings, and even future lost wages are simple. It is also possible to claim torn clothing, travel expenses, assistance for family members, and the purchase of additional medical supplies due to accident injuries.

How Does a Personal Injury Case Work?

The trial provides the plaintiff with a forum to win a verdict against the defendant. The entire legal process is divided into three stages before the trial: the Complaint and Answer Phase, the Discovery Phase, and the Motions Phase. It is customary for a complaint to be filed in the county where the injury occurred. This form contains a detailed description of complaints regarding the injury and the degree of loss. After a trial, a jury or a judge considers the evidence to determine whether or not the defendant should be held legally accountable for the plaintiff’s injuries.

Who Determines Fault in an Auto Accident in California?

California follows the at-fault insurance system if the police authorities cannot determine who was at fault. The insurance adjuster is directed to investigate and utilize the information gathered to determine who was responsible for the accident. The insurance company relies on photographs, maps, medical data, and witness’ statements. As a result, the court decides who is at fault to award compensation.

What Is the Difference between Personal and Bodily Injury?

Though they seem similar and sometimes interchangeably, “bodily injury” and “personal injury” differ. The terms “bodily injury” and “personal injury” are both used to refer to damages caused by one person to another. Bodily injury is only limited to physical injuries. In contrast, personal injury refers to various damages that may include pain and suffering in addition to physical harm. Personal injury can also be caused by the negligence or fault of another individual or group of individuals.

How Are Personal Injury Settlements Calculated?

Insurance companies calculate settlement amounts based on three factors: liability, injuries, and the insurance policy’s limits. Liability is the most essential issue to consider. Liability must be clear for an insurance provider to offer a settlement. To calculate auto accident settlements, insurance companies use a simple formula that goes as follows: specialized injuries x (multiple reflecting general damages) + lost wages = total settlement amount.

What Happens If Someone Puts A Personal Injury Claim Against Me?

Suppose another driver files a claim against you. In that case, you are not required to defend yourself against the allegation in almost all situations. Your insurance company will evaluate it and be responsible for paying out any compensation to the claimant if the claim is valid. A Claim Notification Form or a Letter of Claim may be presented to you, depending on the circumstances surrounding the accident. These documents will outline the alleged occurrence and injuries in detail. However, no matter what type of correspondence you get, you will be required to react within specified timeframes, which you will be informed of in advance.

Is Personal Injury a Tort Law?

The term “tort” refers to any legal action brought to cause harm to another person or property that can be sued in a civil court. In contrast, personal injuries are only limited to physical harm. Assault, destruction of personal property, transfer of personal property, and infliction of emotional distress are all examples of torts. Individuals may suffer both emotional and physical pain due to their injuries.

Is It Worth Getting a Personal Injury Lawyer?

If you are asking if it is worth getting a personal injury lawyer after a car accident, the simple answer is yes—even if it is solely for the sake of your case’s success. To win your case, you’ll need to have a thorough understanding of federal and state personal injury statutes and regulations, and no one can do this better than a lawyer.

What Does a Personal Injury Lawyer Do?

Litigators who provide legal advisory services to clients who have suffered personal or bodily injury due to the negligence of another individual or group of individuals are known as personal injury lawyers. These attorneys assist their clients in obtaining compensation for their losses which include the inability to earn a living, the inability to perform everyday duties, and additional sufferings.

What Is The Best Time to Hire a Personal Injury Lawyer?

While there is no particular guideline or limit for when you must obtain the services of a lawyer, if you have been injured in a car accident and want to ensure that your rights are protected, it is extremely important to do so following an accident. The best time to begin the process is immediately after leaving the emergency room.

Get Professional Help with Your Personal Injury Lawsuit

Suppose you’ve been injured due to the negligence of another driver or motorist. In that case, you may be able to seek reimbursement for your medical bills and other related expenditures from the party who was at fault. You are not required to consult a personal injury lawyer every time following an automobile accident. Still, the following are some of the benefits of hiring a personal injury lawyer:

  • Takes your case to trial.
  • Protects you from the insurance company.
  • Understands legal requirements to prove liability
  • Rightly values your injury claim.
  • Saves you time and money.
  • Handles compensation, negotiations, and lawsuits.

Personal Injury Law Experts in California

Looking for Personal Injury Law Experts in California? A simple Google search can be an excellent place to start. Still, SERP will include a diverse range of results, including many paid listings. Additionally, talking to friends and family members who have the contact information of a personal injury attorney may provide you with valuable insights. However, keep in mind that a suitable lawyer for them may not always be the best for you. Every case is different. So, what makes Ashley Injury Lawyers the best fit for all?

Ashley Injury Lawyers is a law firm that does not function traditionally. We are very close to our clients and treat each application as if it were our own. Our legal fees are determined by our clients’ level of accomplishment and achievement of milestones.

We provide you with an honest assessment and do not make any promises that can’t be fulfilled. As a client, you will not be speaking with an assistant or a third party who is not actively involved in your application. We will oversee your application from start to finish.

Want a free evaluation for your case? Contact us today!

Ashley Injury Lawyers – Crash All Ash!

Sacramento Office, 400 Sunrise Avenue, Suite 150

Roseville, California 95661

916-419-1111

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