Personal injuries can vary in many ways regarding what they involve. Physical injury, property damage and emotional injuries can occur in any number of venues or situations. You might have a personal injury claim against a private citizen, property owner, a business, your employer or a government or public agency or venue which require following varying laws in Fresno and the state of California. It’s important to know the differences and what to do in order to be sure you are handling your possible personal injury claim appropriately.
California Personal Injury Claim Law
When you are injured or experience loss due to the actions or negligence of another party, you must file a claim in order to pursue compensation. How do you know when you have a real claim and how do you go about filing one? California negligence law outlines requirements for proof of negligence in this order:
- The defendant had a specific duty.
- They breached (or were negligent) in the duty to do or not to commit a specific act.
- That breach of duty caused the injury to the plaintiff.
- The defendant should have anticipated the danger of the action or inaction on their part.
- The plaintiff has suffered resultant damages.
Additionally, the California Statute of Limitations requires that a claim be filed within a period of time or will be barred from future claims. For personal injury in general, the claim must be made within 2 years of the injury. For injuries discovered later, the plaintiff has up to a year to file after that discovery. If the other party being sued is a government agency, the plaintiff must file an administrative claim to the corresponding office or agency within 6 months of the injury. After that, the government has 45 days to accept or deny your claim. After a denial, you have another 6 months after the denial letter was mailed to file your lawsuit in court. There are exceptions, which a good attorney will assist with, but it can get complicated.
Types of Personal Injury Incidents
Personal injury claims are varied but essentially boil down to a handful of types of incidents that cause loss of expenses, damages to property, physical injury or wrongful death:
- Motor-vehicles accidents – car, truck or motorcycle accidents
- Pedestrian or bicycle accidents
- Medical malpractice
- Work accidents
- Slip and fall accidents
Damages awarded from these original types of incidents, include medical expenses, loss of current or future wages, disability, and pain and suffering. Wrongful death damages are a little different but can include certain family members and non-economic losses revolving around relationship and financial support losses. The scope of variances and complexities depending on your claim details require a good attorney to help a victim or their family navigate through a claim process. The Maison Law Firm has personal injury expertise necessary for those injured in Fresno and other Central Valley locations. We’ll work hard for you, focusing on your due compensation so you can get on with your life. Call us today with any questions you might have.