In every state, the laws for personal injury lawsuits differ. For example, they have different damage caps, different cases that fall under personal injury cases, and different statutes of limitation.
If you are hurt or injured due to the negligence of other parties (that could be an individual, group of individuals, organization, or a government agency) in Los Angeles, you can file a personal injury lawsuit. Filing a personal injury lawsuit in Los Angeles would mean seeking compensation for the damages caused.
Here is how everything regarding personal injury lawsuits in Los Angeles work and how a personal injury attorney can help.
Should You File an Insurance Claim After a Personal Injury?
If you have life insurance, the first thing that hits your mind is seeking compensation from your insurance company.
While that may be the best option in certain circumstances, however, you should remember:
- Insurance companies try to settle the case as quickly as possible by providing you with the least possible compensation
- They make you sign an agreement that says you accepted the offer from the insurance company. It bars you from claiming damages again from the defendant party or through them.
- If you are unsatisfied with the compensation amount or discover a more severe injury in the future, the insurance company would not cover the expenses of other medical bills.
You should file an insurance claim after a personal injury, provided,
- You are good at negotiating with the insurance company legal team
- You are well versed with the personal injury laws regarding your particular case, legal negotiations, and more.
If not, and you are willing to file a claim, make sure you hire an excellent personal injury attorney. An attorney will be able to deal with the insurance company legal team well, be acquainted with the conditions, and help you get the maximum compensation amount after the negotiations.
What Is a Personal Injury Lawsuit?
One of the ways to seek compensation in a personal injury, other than filing for an insurance claim, is by filing a personal injury lawsuit.
It is a civil action against the defendant to seek compensation or monetary, non-monetary, or punitive damages. This is not a criminal crime and therefore does not include fines, penalties, or imprisonment like a DUI case.
When Can You File a Personal Injury Lawsuit in Los Angeles?
Los Angeles, California, gives you two years to file a personal injury lawsuit as per its statute of limitation. Therefore, a person injured has the right to file a personal injury lawsuit within two years of the discovery of the injuries or the accident. The injured party loses its right to file a lawsuit thereafter.
Certain circumstances under which a personal injury lawsuit can be filed in Los Angeles, California, include:
Vehicle Accidents
The majority of personal injury lawsuits cover vehicle accidents. These include car accidents, truck accidents, motorcycle accidents, electric car accidents, bicycle accidents, etc.
Each of these cases is handled differently due to different factors that play a part, different regulations that govern them, the amount of risk, and the amount of compensation each seeks.
For instance, a car accident caused due to distracted driving., DUI or speeding are all treated differently. In the case of the truck accident, the party sued, as in the case of the car accident, is not usually the driver but the trucking company and trucking manufacturers.
Workplace Injuries
In cases where personal injury is caused at the workplace or worksite, worker’s compensation comes into action.
Worker’s compensation protects employees from lost wages, medical bills, and other financial issues due to the injury. If the injury is caused due to malfunctioned equipment or tool installed at the worksite, the damages are dealt with accordingly.
Working with a personal injury attorney at Los Angeles to seek worker’s compensation can help you recover the maximum possible compensation.
Slip and Fall Injuries
Slip and fall injuries are also covered under personal injury lawsuits. Slip and fall accidents may happen due to slippery floors, faulty stairs, wrong placement of rugs, artifacts etc.
In a slip and fall accident, the liability for compensation falls into parties like a hotel owner, hospital owner, or restaurant, depending on the situation.
Wrongful Death
Wrongful death caused due to car accidents, medical malpractice, slip and fall, and any other personal injury case falls under wrongful death lawsuits.
The plaintiff of the wrongful death lawsuit is entitled to seek compensation for both monetary and non-monetary damages. The representative of the victim files a wrongful death lawsuit. I
Contact our expert attorneys today if you wish to file a personal injury lawsuit and have no idea where to start.