Below are answers to common questions about personal injury lawsuits. These answers are for informational purposes only. Sometimes, exceptions apply. Please rely on your own personal injury attorney to determine whether an exception applies to your case. Only by consulting an experienced lawyer can you be sure your rights are fully protected.
What is a statute of limitations and how does it apply to me?
There are deadlines called statutes of limitation, which regulate the filing of lawsuits. Generally, you must file a personal injury lawsuit within two years, or the judge may deny your claim. For minors, the two-year bar period does not begin to run until they turn 18 years old, so they can file at any time before they turn 20 years old.
However, if a governmental entity is involved, you must file your governmental claim with it within six months of the injury or the judge may deny your claim, whether or not you are a minor.
If you or a family member suffered injuries and feel that negligence or misconduct was involved, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.
What qualifies as negligence or misconduct?
Negligence and misconduct can occur in public settings, in which public employees such as law enforcement personnel fail to take sufficient care. Misconduct is improper or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one’s acts.
Should I contact a lawyer if I’m injured?
Obtaining immediate medical care should be your first priority. Then, it’s a good idea to contact an experienced lawyer as soon as possible. Acting quickly will afford your lawyer the opportunity to gather and preserve evidence that might fade with time. That way, he or she can better show what happened and who was at fault. CaseyGerry has two full-time investigators to enable us to move fast to protect our clients.
My injuries are minor. Do I really need to see a physician anyway?
It’s important to seek medical attention after any incident that causes an injury. Certain injuries may not show symptoms for a few hours or even days. They could then be debilitating, and treatment might be more complex at that point. Further, having a physician’s medical records can help explain your injuries, should you decide to file a personal injury lawsuit.
The incident was partially my fault. Can I still recover?
Yes, but your damage claim may be reduced by your percentage of fault in causing the incident or the injuries. If you are 40% at fault, for example, you might recover only 60% of the total value of your injuries.
What type of compensation can be recovered in a personal injury case?
Compensation may include reimbursement for medical and hospital bills; rehabilitation costs; damage to your vehicle and personal property; lost wages and earning power; pain and other physical distress, and psychological suffering as a consequence of injuries and losses.
If I file a personal injury lawsuit, who might the defendants be?
Anyone whose careless or negligent behavior contributed to your injuries may be held accountable in court. If a governmental entity is involved, they are given extra protection in California. So, you must file your governmental claim with it within six months of the injury or the judge may deny your claim, whether or not you are a minor.
How much is my personal injury case worth?
Every personal injury lawsuit is different. How much a case is worth depends on a variety of factors, such as:
These and other factors will help determine the value of your case. An experienced personal injury lawyer can review the circumstances of your individual case to determine the amount you might receive in compensation. You can reach CaseyGerry at (619) 238-1811.