Maison Law helps injury victims in California understand their rights and how the legal process works. There’s a lot of myths out there about an injury claim, which can lead to confusion about what you’re supposed to do. Worse, an accident can leave you with a range of injuries you have to take care of. So, you might be wondering if a lawsuit is even necessary. Our team can answer your questions. Contact us today for a free consultation.
Should You File a Lawsuit For Minor Injuries?
The main legal protection you have when you’re injured in an accident in California is the ability to file an injury claim. But every case is different, and your best option is going to depend on the circumstances. And usually, your needs are dictated by how serious your injuries are.
Minor injuries usually don’t require a lawsuit because you don’t need as much help with them. You still have the right to file a lawsuit, though. It’s just that you typically only need to take legal action when your injuries are more serious because you’ll likely have higher expenses and other losses–that you can potentially get back in the process.
Our team can help you with this process by:
- Explaining your rights and options
- Helping you gather evidence
- Negotiating with insurance companies and lawyers
- Making the process easier
What Are Some Common Injuries in California Accidents?
Whether it’s a car accident or a slip-and-fall, an accident in California can leave you with a wide range of different injuries. All of the following injuries can result, each ranging in terms of severity:
- Whiplash
- Broken bones or fractures
- Muscle strains and sprains
- Traumatic Brain Injuries (TBIs) and other head injuries
- Spinal cord injuries
- Internal organ damage
- Cuts and bruises
- Emotional and psychological Injuries
No matter how your accident happened or what injuries you sustained, there’s a specific process for handling personal injury cases. To start your claim, you have to figure out who is legally responsible for the accident and your injuries, which is called “liability.” Liability involves proving negligence by showing that the responsible party had a duty to act carefully, failed in that duty (like through reckless driving or neglect), and that their actions caused your injuries. From there, it’s all about filing your claim and getting “damages.”
Can You Recover Damages in an Injury Claim?
The process for handling a personal injury case generally involves two main paths: an insurance claim or a lawsuit. An insurance claim happens outside of court, and is usually done when you have minor injuries or you need quicker access to settlement funds. A lawsuit, on the other hand, gives you a fairer chance at recovering fuller damages because it’s overseen by an impartial judge and jury. That said, it takes much more time and effort.
There are no guarantees in any case, but with our experienced team, you’ll have the best chance of getting a fair result for your damages. No matter which claim option you choose, you might recover costs for:
- Medical bills
- Lost wages
- Repair or replacement of damaged property
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life and companionship
- Punitive damages (in certain cases)
- Wrongful death expenses
Remember, in California, you have two years from the accident date to file your claim. Missing this deadline means you may lose your chance to recover damages. The amount you can recover depends on how well you present your case, so it’s important to take the right steps after the accident to strengthen your claim.
What Can You Do to Strengthen Your Claim?
Whether you decide to file a lawsuit or just an insurance claim, you’re going to need certain information and evidence to strengthen your claim. If you’re injured in an accident, your health is the top priority, but there are also important steps to take to strengthen your injury claim:
- Stay calm – It’s normal to feel overwhelmed, but try to stay composed. Take a few deep breaths and stay calm before taking any action.
- Check for injuries – Check yourself and anyone else invovled for injuries. If someone is seriously hurt, call an ambulance right away.
- Move to safety – If possible, move to a safer location to avoid further danger. If moving could worsen injuries, stay where you are until help arrives.
- Get medical attention – Get medical help as soon as possible, both at the scene and at a hospital or urgent care. Early medical care can address injuries and prevent complications.
- Report the accident – Report the accident to someone in charge, such as the police, 911, a store manager, or your employer, depending on the situation.
- Gather information – Collect relevant details from those involved. Note the location, time, vehicle or product details, and any other important information.
- Preserve evidence – Avoid repairing or replacing damaged items immediately, at least until you can document them. Take photos or videos of the scene, injuries, and any visible damage.
- Follow doctor’s orders – Stick to your healthcare provider’s recommendations and attend all scheduled appointments. Skipping treatment can hurt your health and your claim.
Every accident is different, so not all steps may apply. However, following these tips can help protect your well-being and strengthen your claim. Also, working with our personal injury lawyers can give you the support and guidance you need for a successful claim.
Reach Out to Maison Law for a Free Consultation
If you’ve been injured in an accident in California and are unsure of your next steps, Maison Law is here to help. We offer guidance and support for your claim, using our experience to protect your legal rights and get you the financial support you need for recovery. Contact us today for a free consultation if you’ve been injured in an accident and want to know what your options are.
