If you have ever been injured in an accident, you probably know the frustration of getting the insurance company to pay you the money you are owed. Even if you stay at the scene of the accident, get a copy of the accident report, and save every medical bill that you have, the insurance company is going to try to keep from paying you all the money they owe you. A personal injury attorney who is well-versed in California law can help you get a fair sum for your injuries.
California is a pure comparative fault state when it comes to auto insurance. This means that the insurance company of the person who causes an accident must pay the other driver’s accident related bills based on the percentage of fault assigned to the at-fault individual at trial. This means that a driver is only responsible for the percentage of the accident that they caused. For example, if you caused 20 percent of an accident, you may file a claim for 80 percent of the bill with the other driver’s insurance company, and the other driver may file a claim for 20 percent of the bill with your insurance company.
California has one of the highest rates of truck accidents in the country. Some of the same rules that apply to car accidents apply to truck accidents in California. However, a semi-truck can weigh up to 80,000 pounds, and as a result, the chances of fatalities and serious injuries are much greater when you have an accident with a truck. If you are injured by a truck or if you have lost a loved one due to a trucking accident, you may be able to sue the trucking company in addition to recovering money from the trucking company’s insurance company. If the driver was not trained properly, did not have an up to date license to drive a truck, or if the truck was carrying too much weight, you may have a case. If the driver was inebriated, distracted by a cell phone, or if that driver has worked more hours than they are legally allowed to work dur
A recent study by Johns Hopkins University found that medical mistakes are the third leading cause of death in the United States. There are a lot of things that can go wrong during surgery due to the number of people who play a role in any operation. The scrub nurse could forget to wash their hands, the anesthesiologist may over or underdose you, or the doctor could make a number of different mistakes such as removing the wrong organ or even leaving a sponge inside you. If you have been injured due to a doctor’s negligence, we can help you recover the money that you have lost due to your injury. We can also work to recover funds for your emotional pain and suffering.
Construction work is a dangerous job, and there are many things that can go wrong. Even if you are just a bystander at a construction site, you can easily be injured if a construction company has been negligent in their duties. Knowing who to sue or file a claim against can be the biggest challenge in a construction lawsuit because there are often contractors, subcontractors, and property owners involved in a construction job. Our team of legal researchers can assist in finding out who was responsible for your accident and assist you with the execution of your claim.
If you slip and fall in a store you are shopping in, an office you are visiting, or even a private home, you may be able to file a slip and fall claim. Things like free-standing water, nails sticking out of the floor, and construction flaws are the result of negligence by the property or business owner. If you have been injured in a slip and fall accident, you should report it to the manager, fill out an accident report with the business, and get their insurance information. Moreover, call their insurance company and let them know what happened. When you are done, call an attorney who can deal with the insurance company on your behalf.
Sixty two people died riding bikes in Southern California in 2017. When you ride a bike, your arms are your side doors. Your back tire is your trunk, and your face is your windshield. Two tons of metal crashing into you can certainly cause an enormous amount of damage. So long as you were riding in the bike lane, going in the direction of traffic, and obeying all signals, you should be able to file a claim against an at-fault driver’s insurance company if they have hit you.
California ranked 15th in pedestrian deaths in the year 2017, with 352 people being killed by drivers. Many of the same laws that apply to car collisions apply to pedestrian-involved accidents. If you were at all responsible for the accident, you are only entitled to compensation for the percentage of the accident caused by the driver that hit you. If you were flagrantly disobeying traffic laws, an insurance claim can be denied altogether. Remember, California’s roads are not pedestrian-friendly, and traffic lights do not always give a person enough time to cross the street. So, you, as a pedestrian, should always be as cautious as possible, but if an accident does occur, give our office a call for a free case evaluation.
Losing a relative to an accident is horribly traumatic, and it can also leave you in debt. If a member of your family has died in an accident, you can sue the person or entity responsible for that accident in court.
In the state of California, you have three years to file a claim for damage to your property, and two years to file a claim for personal injury. Normally, the time period begins at the moment of the accident, but there are some cases in which the clock may begin ticking when the accident is discovered.
Personal injury law focuses on the physical, emotional, psychological, intimate, and financial effects of injuries incurred as the result of another human being’s actions or faulty equipment. This legal field of practice is separate from those that include damage to property and valuables. As such, personal injury law allows the the person who has been harmed to pursue legal action against and compensation from the party or parties that hurt them.
This legal definition is a bit of a mouthful, but is pretty clear when broken down into its simplest form. In short, personal injury law allows injured parties to advocate for themselves, even if they require a proxy to do so. This field of practice enables victims to recoup at least a modicum of the quality of life they had prior to being injured. It is important to note that while standing before a judge in such a case does not guarantee receipt of financial reparations, the law does at the very least, allow for this possibility.
A: Although hiring an attorney is not required, if you have serious injuries, it is a very good idea. Insurance companies are armed with teams of lawyers whose goal it is to keep your money in house. You need someone who is just as educated as they are to argue on your behalf.
A: person or business has what is called a “duty of care” in a certain situation. A “Duty of care” is defined as the legal obligation not to injure others. For example, when one gets a driver’s license, they have a duty of care to obey the rules of the road.
A: With the exception of a wrongful death claim, your case will probably not go to court. A good personal injury attorney can negotiate with the at-fault party’s insurance company to get you an acceptable amount of money before you ever go to court.
A: With over thirty years of legal experience, the law firm of Timothy J. Ryan & Associates has experience dealing with every kind of personal injury claim. Our staff of experienced legal professionals will get you the money you need to move forward after an accident.
Timothy J. Ryan & Associates Personal Injury Lawyers
Timothy J. Ryan & Associates Personal Injury Lawyers focuses on representing victims in the following areas:
Despite the state’s understanding of the trauma victims have suffered, particularly if they are at a point in which their injuries have brought them to court, there is a limit to how long victims have to submit their personal injury claims in Orange County. According to the California Code of Civil Procedures, Section 335, victims who have sustained any type of personal injury, whether they were harmed intentionally, unintentionally,negligently, carelessly, or in any other manner, have two years from the day they were injured to pursue legal action. Claims that are filed after this two year period have a significant chance of not being heard by the court.
The statute of limitations for minors, as well as cases involving government agencies and employees, is different however. According to the California Government Code, Section 911.2 (a), adults and minors who have personal injury claims against the government or one of their employees, have six months in which to file their claim. During this six month period, they must also complete the state’s designated, administrative form, and pay the court a fee for filing their personal injury claim. Minors involved in personal injury cases that are unrelated to both government agencies or their employees, have a much longer statute of limitations. Minors are allowed to file their personal injury claims in Orange County for two years after they turn 18. Still have questions? Read our personal injury FAQ to find answers you are looking for.
Most people on any given day do not plan on getting injured, being careless, engaging with equipment that does not work the way it is supposed to, or causing injury to others. Sometimes however, life happens around and to us and we get hurt or cause injury when we least expect.
When these personal injuries and accidents occur, most people initially can only relate to the pain and trauma they are experiencing. It is only after they have begun to process what has happened to them that they can even give thought to pursuing compensation, regaining their lives, and everything that comes next.
A personal injury lawyer in Orange County understands the shock and fears you are likely to experience at these moments. This is why contacting an Orange County personal injury attorney who can successfully advocate on your behalf is vital to your health, healing, and ultimately your quality of life.