Many accident victims in Fresno suffer injuries that affect them much longer after they physically heal. This is especially true in more traumatic accidents, which occur regularly in Fresno. However, not everyone is in a position to take advantage of their legal options, particularly when You’ve been seriously injured. While your health and well-being should always be your top priority, it’s also important to be aware of your legal rights and the rules that are in place that allow you to get the compensation you deserve.
Seeking assistance from our experienced Fresno personal injury lawyers is definitely in your best interest if you’ve been injured in an accident. We can provide valuable guidance and support to help you navigate the process, take the correct actions, and meet all essential requirements, including the crucial claim filing deadline.
Contact Maison Law Right Away
At Maison Law, our team of experienced personal injury lawyers in Fresno prioritizes client satisfaction and effectively addresses your injuries and damages. With years of experience, we have assisted numerous clients with their claims, providing guidance on your legal rights and the most suitable approach for your case. Time may be of the essence, so contact us today for a free consultation.
What is a Statute of Limitations?
In Fresno (and throughout California), every personal injury claim is subject to a “statute of limitations,” which defines the legal time period within which you can file a claim. According to California Code of Civil Procedure § 335.1, injury victims have:
- Two years from the date of the accident to initiate legal action for injuries resulting from the incident.
Personal injury cases cover a wide range of situations where harm results from someone else’s negligence. Different accidents and incidents can cause various types of injuries, including the following categories:
- Car accidents
- accidents
- Truck accidents
- Boating accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Wrongful death
- Nursing home abuse
Similar to other states, California has specific rules that must be followed when pursuing a personal injury claim. Working with an experienced personal injury lawyer becomes crucial to ensure you receive fair compensation for your injuries.
Why Would an Accident Victim Hesitate To File a Claim in Fresno?
Each accident in California is unique, leading to varying injuries and damages for the victims. Therefore, the nature of the injury you sustain largely depends on the type of accident and other surrounding factors. However, many of these factors can play into you or a loved one hesitating to file a claim. Some of this hesitation may arise from:
- Uncertainty about evidence or fault – You may be unsure if You have enough evidence to prove the other party’s fault or negligence caused their injuries.
- Fear of the legal process – You might be intimidated by the complexities of the legal system and worry about dealing with paperwork and court proceedings.
- Concerns about costs – You may be worried about the expenses associated with hiring an attorney and going through a legal battle.
- Time-consuming efforts – Filing a claim and pursuing a lawsuit can be time-consuming, and you may not want to invest that much time and effort.
- Not wanting to deal with insurance companies – You might be afraid of dealing with insurance companies and their tactics to minimize payouts.
- Uncertainty of the outcome – There’s always a risk that you might not win the case or receive the compensation you hoped for.
- Physical or emotional strain – You may already be dealing with injuries and emotional distress, and the idea of adding a legal process on top of that could be overwhelming.
Overall, personal injury claims can be complex and emotionally challenging, leading some individuals to hesitate before deciding to pursue legal action.
While there is a statute of limitations for filing personal injury claims in Fresno, you might be unsure about the deadline and delay filing, risking the loss of your right to compensation. In any case, it’s essential for accident victims to consult with our team of experienced personal injury attorneys in Fresno. We can provide guidance, address their concerns, and ensure You make informed decisions about filing a claim.
Should You Hire a Fresno Personal Injury Attorney If Your Accident Was a Year Ago?
Some individuals mistakenly believe they can file a claim whenever they feel ready, especially if they were not at fault. However, this can be a costly mistake. Waiting too long means your lawyer and your claim, by extension, could be working at a disadvantage. Besides the statute of limitations, there are several reasons why you should consider hiring a lawyer if your accident occurred a year or more ago:
- Evidence and documentation – The strength of your case relies on evidence and documentation. As time goes by, vital evidence like accident reports, witness statements, or photographs may become harder to obtain or lose their value. An experienced lawyer can review the available evidence and determine if it’s enough to support your case.
- Damages and other compensation – It’s crucial to assess the extent of your damages and the potential compensation you could receive. A lawyer can help you understand the value of your claim by considering factors like medical expenses, lost wages, pain and suffering, and the long-term effects of the accident. These can diminish over time as your injuries and damages heal.
- Negotiations and settlements – If you choose to pursue a legal claim, a lawyer can help negotiate with insurance companies or the responsible party’s legal team. They will aim to secure a fair settlement on your behalf. As time passes, the responsible party’s representatives may question the delay in filing a claim.
In summary, it’s essential to not only act promptly after an injury but also work with an experienced team of Fresno personal injury lawyers. Our team can guide you through the claims process and ensure your claim remains as strong as possible, maximizing your chances of receiving the compensation you deserve.
How Much is a Fresno Personal Injury Claim Worth?
As long as you file your claim within the statute of limitations, you’ll be able to recover compensation. However, there are certain factors that go into evaluating how much your claim is actually worth. The first step is to figure out who is responsible, which in legal terms is known as liability. This is established by showing that another party was negligent and their actions caused the accident, resulting in your injuries. In any Fresno accident, negligence is determined by four elements:
- The other party had a duty to keep you safe and avoid causing the accident.
- The other party failed in their duty by acting negligently.
- The breach of duty was the direct cause of the accident.
- The accident caused your injuries and other damages.
Once liability is determined, it identifies who is responsible for compensating you, typically through an insurance claim or lawsuit. However, the value of your claim depends on various factors unique to your situation, including:
- Type and severity of injuries – The extent of your injuries is a key factor in determining the value of your claim. Insurance companies assess the nature and severity of your injuries to decide the compensation amount. It’s important to keep records and continue treatment as injuries can worsen over time, potentially increasing the value of your claim. Conversely, as your injuries heal over time, your claim can potentially decrease in value.
- Liability – Even if you prove the other party’s fault, the insurance company may conduct its own investigation and try to minimize its liability. Consulting with our team before speaking with an insurance adjuster is in your best interest.
- Your percentage of fault – California follows the concept of “comparative negligence,” which reduces your damages based on your percentage of fault in the accident. Insurance companies may attempt to shift blame onto you, so gathering evidence of the other party’s primary fault and your responsible actions is essential.
The insurance company or a judge and jury will determine the compensation amount for your claim. To secure the full compensation you deserve, talk to our experienced personal injury lawyers. We can guide you through the process and fight for your claim.
Legal Experience and Support You Can Rely On in Fresno
If you’ve experienced an accident in Fresno and suffered injuries, you need trustworthy legal experience and guidance. At Maison Law, our team of skilled and experienced personal injury lawyers understands the urgency of acting swiftly to restore your physical well-being and protect your legal rights.
You don’t have to face these challenges alone when you’re injured. Contact us today to schedule a free, no-obligation consultation and take the first steps toward seeking the help you need.
