Personal injury in California law is divided into three categories:
A person’s negligence, carelessness, or unintended action causes injury to another person.
Intentional Tort occurs when a person willfully causes harm or injury to another person.
In the case of strict liability, there is no need to prove that the injury was caused by the offender, wilfully or otherwise.
Negligent Tort holds a person liable if they fail to take proper measures to protect other people from harm. A common example of this would be dog bites, where the owner of the dog would be held liable for the injury.
In the case of strict liability, the defendant must take complete responsibility for any wrongdoing without exception. For example, the owner of a sea tanker would be held responsible for any oil spill or accident, regardless of who’s negligence led to the injury.
What Constitutes a Negligence?
Negligence is defined as an act or failure to act when you owe a duty of care to another person.
In California, the defendant has to pay compensation to the plaintiff for the percentage of damage caused. In order to prove negligence on the part of the defendant, a plaintiff must establish the following:
- The defendant had a duty towards the plaintiff, i.e., a duty to act or refrain from an act;
- The defendant was negligent in performing his/her duty, resulting in a breach of duty;
- The said breach of duty caused injury to the plaintiff;
- The action or inability to act on the part of the defendant directly caused the injuries;
- The plaintiff suffered actual damages, like loss of wages, medical expenses, and pain and suffering.
What Should You Do to Strengthen Your Personal Injury Claim?
The law in California supports the victim and recognizes their right to receive financial compensation for all the damages they’ve suffered.
The victim of a personal injury accident should act promptly to take the necessary steps in order to ensure that the offenders are held accountable for their negligence. Some steps the victim can take to strengthen their claim against the offender include:
- Consult a Personal Injury Lawyer
The first thing the victim should do is consult with an experienced personal injury attorney as soon as possible to know if they have the right to receive compensation for the injury suffered.
An experienced Santa Ana personal injury attorney can best advise you with their sound knowledge of California laws. They can advise the victim on how to proceed with the case, make the best possible strategy to hold the defendant liable, and represent the victim in negotiations and in the courtroom.
- File Your Claim Timely
As a general rule, the law expects the victim to file a claim for their injuries as soon as possible, though there are exceptions where the victim cannot act timely due to certain circumstances.
In California, the statute of limitations prohibits personal injury claims that exceed two years since the date of the occurrence of such injury. Once this time period lapses, the claim would be deemed barred.
- Gathering Evidence
This stage includes building your case to maximize the chance of winning compensation. Write down the events leading up to and following the accident and communicate them clearly with your attorney.
It’s best if the victim can manage to obtain time-stamped photographs that prove the accident before they’re removed or diluted.
- Police and Medical Reports
The police report is considered primary evidence and thus fundamental to your claim. Policemen who are present during the accident or who have visited the spot soon after are often called as witnesses for the victim.
Similarly, the reports that entail the victim’s treatment just after the accident also hold great importance. The report proves that the victim sustained injuries as a direct result of the accident, and the doctors who treated the victim can also be called as witnesses by the court.
- Eyewitness Statements
A written or recorded statement of persons who eye-witnessed the accident brings the ball to the claimant’s court. The victim’s attorney would surely collect their statements with signatures as evidence in support of the claimant. The court is also at its prerogative to call upon third-party investigators to get witness statements.
More supporting evidence can help corroborate the claimant’s primary evidence. Changes in lifestyle, rehabilitation bills, and other elements can also play in favor of the victim and win them fair compensation.
Why Choose Niral Patel Personal Injury Law Firm
In order to win the rightful compensation you deserve, you need a reliable and proven team of lawyers who can help you through this difficult phase and get you justice in the courtroom.
● Seasoned Attorneys
We have a team of highly experienced attorneys who have a proven track record of successfully handling thousands of personal injury cases in Santa Ana and California.
● Personal Injury is our Core Competency
Our sole focus lies on helping victims of injury cases to get back on their feet and put the injury behind them with fair and rightful compensation.
● We Strive to Win the Highest Possible Compensation
We use all resources at our disposal to win you the highest possible compensation.
● We Work on a Cost Contingency Basis
At Niral Patel personal injury law firm, we offer free consultations and only charge our clients if we win the case and obtain the rightful compensation for them.
● Negotiations Experts
Our attorneys are also well-versed in negotiating with insurance companies and other parties involved on your behalf for the best possible results.
These injuries can have a long-term impact on a person’s life. Victims of personal injuries may require substantial medical treatment and are unable to work while recovering. Victims are sometimes permanently crippled. These injuries can have a definite negative impact on a personal injury victim and their financial well-being, especially if the victim is unable to work due to their injuries.
What Types of Cases do our Santa Ana Personal Injury Attorneys Handle?
Personal injuries result from a person’s willful act, negligence, or intentional harm, which causes bodily or mental injury to another person. Attorneys Niral Patel Injury Law firm can assist you in the following personal injury claims:
Such injuries can have long-term consequences on a person’s physical, mental, and emotional condition. Most injury victims have to go through medical treatments and psychological counseling to return to a normal life. In some unfortunate cases, the victim may be left unable to work due to a disability caused by the injury.
As such, availing of legal help from experienced injury attorneys like Niral Patel can help you gain fair compensation and look forward to life once again. Our attorneys are by your side throughout the proceedings and use all resources to win you the highest possible compensation.
Contact Our Santa Ana Personal Injury Law Firm to Discuss Your Claim Today
To receive fair and just compensation, consult with Niral Patel Personal Injury law firm today. We stand fully committed to winning you the highest possible compensation for your injuries. Our professional and compassionate Santa Ana personal injury attorneys also ensure a stress-free procedure for you during this time.
Although no personal injury case is exactly the same as another because no accident or injuries are exactly the same, our Personal Injury Attorney will be by your side each & every step of the way.
At Niral Patel Injury Law, our Santa Ana Personal Injury Attorney offers free consultations to prospective clients with no obligation. A personal injury claimant can take advantage of our free consultation to understand their case & determine whether hiring a personal injury law firm is the right choice before making any financial commitment.
FREQUENTLY ASKED QUESTIONS
1. What kind of cases does your law firm handle?
At Niral Patel law firm, we handle all personal injury and wrongful death claims including motor vehicle accidents, dog bites, defective products, medical negligence, and more. If you’ve been injured due to someone else’s negligence, Niral Patel personal injury lawyers can help.
2. How much is my personal injury claim worth?
Though it’s not possible to determine the exact amount of claim that your personal injury case maybe worth, we can thoroughly analyze all your losses and help you get the best possible compensation on the grounds of:
- Lost earnings
- Future loss of earning
- Medical treatment costs
- Emotional treatment, and
- Property damage
3. How long do I have to file a personal injury claim in Santa Ana?
The Statute of Limitations apply to personal injury cases in California. In Santa Ana, you have to file a claim of compensation within two years from the date of the accident or injury. If not fil
4. Can I get compensation if I’m partly to blame for the accident?
In California, if you’re partly to blame for the accident then you still will be entitled to compensation. However, your compensation will be reduced depending on your percentage of fault. If the court finds your fault in the accident to be more than 50%, then you won’t be entitled to any compensation from the opposing party.
5. How much does a Santa Ana personal injury attorney cost?
Most law firms work on a contingency fee basis. At Niral Patel, you won’t have to pay any compensation until we’ve won you your award from court. The percentage of the fee will be deducted from your compensation amount, which will be agreed by us prior to the litigation.
6. How long does it take for a personal injury claim to be settled in Santa Ana?
Depending on the facts and circumstances, personal injury cases in California take 1-3 years to settle.