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Difference Between Personal Injury, Worker’s Comp, and Class Action Lawsuits

Victims in California hurt by the negligence of a person, an employer, or a business owner, have a few options when seeking compensation as they heal. They may wonder if they should file a personal injury claim, draw from worker’s comp, or in some cases, join a class action lawsuit. In some instances, it may be helpful to speak with a skilled California personal injury lawyer to help you decide which options are best for your case.

Maison Law represents California victims injured in accidents. Our skilled lawyers make sure cases are backed with strong evidence of the harm that another party caused. We practice aggressive litigation in the pursuit of claims so that victims take home the most in compensation possible. Please contact us for a free case consultation. It’s critical to find out what your case may be worth, so you don’t accept less than what’s fair.

Personal Injury Claims After a California Accident

Personal Injury Claims are based on the “duty of care” other drivers, store owners and operators, and even doctors, are required to show you. These parties are supposed to show their patients, visitors, and other drivers care and act to keep them safe.

When a driver makes a reckless move and violates this duty of care, they can be held liable for the injuries and damages caused in a crash. When a supermarket owner doesn’t respond when a customer spills orange juice along an aisle and you slip and fall, you can ask the owner or the grocery chain for financial help with your injuries. Doctors who cause harm to patients due to their carelessness can have medical malpractice claims, a type of personal injury claim, filed against them.

Personal injury claims are usually settled out of court, but when insurance companies try to shift blame in an accident and want to avoid giving victims a fair settlement check, it’s sometimes necessary for victims to file a lawsuit and take at-fault parties to court. Cases can still be settled after a lawsuit has been filed, even during a trial.

Having a personal injury lawyer handling a claim will often mean the victim earns more in compensation. A lawyer protects victims when insurance adjusters use tactics to limit the support victims receive. Victims should definitely trust their cases to an experienced lawyer if a lawsuit is necessary.

Worker’s Compensation Claims for Workplace Accident Victims

In California, every employer must purchase Worker’s Compensation Insurance. When an employee gets hurt, they can draw from these funds until they can return to work. Only injuries suffered in the normal course of job duties are covered by Worker’s Comp.

Employees can seek help with their medical costs and in replacing the paychecks they lose while down with an injury. Undocumented workers are eligible for Worker’s Compensation support as well. Worker’s Comp may also provide temporary and permanent disability support for victims. A tragic fatal accident in the workplace could also mean that families receive financial support from Worker’s Comp.

Unfortunately, Worker’s Comp benefits can be taken away before victims are completely healed. A claim also won’t compensate victims for the pain they suffer and the emotional trauma they may be experiencing.

Some workplace accidents are caused by an employer’s negligence. Business owners and corporate chains are required to provide safe working environments for employees. When workers are injured due to an employer’s carelessness or lack of safety efforts, a personal injury claim or lawsuit could be necessary. A lawsuit can earn support that goes beyond Worker’s Comp. A California Labor and Employment Lawyer can help you determine what kind of support you are owed.

Class Action Lawsuits

Class Action Lawsuits are filed by a group of plaintiffs (victims) who have all been hurt (usually physically or financially) in similar ways by the negligence of an individual or company. The target is usually a large corporation or even the federal government. A “class” of victims merge their cases into one lawsuit and sue as one body. This is usually done to prevent dozens or hundreds of cases from having to be decided separately.

One plaintiff or a group of lead plaintiffs, with the help of class action lawyers, brings the lawsuit against the defendant (the alleged at-fault party) on behalf of the entire class. Participants should know that class action lawsuits can take a long time to sort out. Negotiations and trials usually extend at least a year and often over several years.

A settlement or a judgment awarded in court would be divided among the class action participants. But not everyone takes home the same amount. Some victims, determined to be the most affected, would receive more.

This is why it can pay to have your own California Class Action Lawyer watching over your case. Your lawyer can make sure your hardships and pain are considered fairly and that you take home your fair share of a settlement. If you are considering starting a class action lawsuit or joining one, it can pay to speak to a skilled class action attorney about your best options.

What Option Is Right for Me?

The most important outcome is that injured victims and those who are financially harmed receive the justice and support they need to get back to their normal lives. Deciding which legal option is right for your situation can be difficult, but you don’t have to make the decision alone.

There’s an easy way to find out which path offers you the fastest route to the support you and your family will need. Speak to Maison Law in a free consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.

In most personal injury cases, you don’t need any upfront money to hire a skilled lawyer to represent your case. Maison Law works on a contingency basis. We don’t get paid unless we win your case for you. Then our attorney’s fee comes out of the award you receive.

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