California law provides legal remedies to compensate people injured by the actions of others which is negligent, intentional, or reckless. The law also can provide remedies for injuries caused by dangerous products or dangerous conditions on property. Personal injury cases require that the plaintiff—the injured person or survivor—prove that the injury was caused by the defendant, that the defendant violated a duty of care, and that the plaintiff’s damages resulted from that violation. The compensation sought in a personal injury case may include all past and future expenses resulting from the injury or death. These expenses are often called “damages” and may include:
- Medical, incidental, and hospital expenses
- Lost wages and lost earning capacity
- Physical pain and suffering, including mental anguish and physical impairment
- Punitive damages, if the wrongdoing was egregious
The right to file a personal injury claim often survives the death of the injured person, and can be filed by the family or heirs of the deceased. When the death was the result of the injury, this is often called a “wrongful death” lawsuit, and is also brought by family members and/or heirs of the deceased who seek compensation for their loss of financial support and companionship.
What Is a Personal Injury Claim?
Personal injury can result from a broad range of activities and conditions. Just some of these include:
- Workplace injury
- Construction Injury
- Aviation accidents
- Products liability
- Vehicle accidents: cars, trucks, motorcycles, and bicycles
- Wrongful Death
The effects of these types of injuries can be significant, and may not appear immediately, such as traumatic brain injuries, degenerative back and joint conditions, whiplash, chronic headaches, and post-traumatic stress disorder. Documenting these more subjective types of injuries is important to seek full compensation for all your injuries. That’s another reason why hiring a skilled personal injury attorney as soon as possible can help preserve evidence, expand legal options, and potentially increase the amount of compensation.
Time Limit for Filing a Personal Injury Case in California
You must bring a claim seeking damages within a specific period of time. This is called the statute of limitations. The statute of limitations varies depending on the theory of liability and who might be held liable. Most personal injury lawsuits need to be filed within two years of the date of the incident. However, this time period is much shorter when suing the State of California or local governments. Then notice of claim must be filed within six months of the date of the incident.
Because the statute of limitations varies depending on theory and defendants, it is smart to consult an experienced personal injury lawyer as soon as possible. A timely consultation means that an independent investigation can be conducted while evidence is fresh and witness memories might be clearer. It also means a full exploration of options, including negotiated settlement, which works to your advantage.
When Should You Contact an Attorney for Your Personal Injury Case?
Consulting with a skilled personal injury lawyer soon after your injury means getting someone on your side early in the process. Early retention of a personal injury lawyer means gathering evidence that might not be available later, interviewing potential witnesses, and ordering that the defendant and others preserve paper and digital documents, emails, text messages, and social media posts.
Committed to Our Clients
If you or a family member has been injured, you can trust the lawyers at Arns Davis Law to carefully listen to your story, evaluate the evidence to determine the full extent of liability, and document your injuries. Once we have determined you have a valid claim, we will rigorously advocate on your behalf.
There are many avenues to pursue on your behalf. Some cases resolve early with negotiated settlements through insurance carriers. Others require full discovery of all the evidence to exert the pressure a pending jury trial might place on the defendants to settle. At the Arns Davis Law, we are experienced trial attorneys, so that fully litigating any case is always an option. Our lawyers are compassionate, skilled, and committed to bringing the weight of the law to your side.
When You Need a Personal Injury Lawyer in the San Francisco Bay Area, Call Arns Davis Law
At Arns Davis Law, we guide our clients with dignity and respect throughout the legal process from initial consultation through settlement. Being the victim of negligence causing personal injury requires that you surround yourself with people who will advocate for your best interests. That advocacy needs to be supported by a thorough knowledge of the law, experience with negotiation and litigation, and genuine people skills. Add to the mix a devotion to ethical principles and passion. That’s what we offer to you at Arns Davis Law. Our attorneys will listen, ask the right questions, and use their legal knowledge and experience to forge a strategy to hold defendants accountable for your injury and full compensation for your economic and non-economic losses.
Call or contact Arns Davis Law online to schedule a meeting with one of our lawyers.