A personal injury is any incident in which one party’s negligence or intentional misbehavior causes physical harm and/or economic losses to a victim. Personal injuries happen in many ways, and each victim will face a unique series of legal proceedings as they strive to recover compensation for their damages.
It’s vital for every California resident to know the types of personal injuries they might suffer due to the actions of others and what they should do when such injuries occur. The Law Offices of Carl D. Barnes has successfully represented many personal injury cases and can put this experience to work for you. Whenever you need legal counsel for a personal injury claim, it’s vital to choose a personal injury attorney who has a solid professional record of winning cases similar to yours.
Throughout the United States, motor vehicle accidents are the most commonly cited cause of personal injuries. Each state has different laws pertaining to these incidents, and in California, all drivers are required to carry liability insurance to pay for bodily injuries and property damage they cause to others. However, the state has a very high rate of uninsured drivers, so if your personal injury happened in a motor vehicle accident, there is no guarantee the at-fault driver will have adequate insurance coverage to fully compensate for your losses.
An experienced personal injury attorney can help you navigate the insurance claim process after a vehicle accident and proceed with filing a personal injury claim if necessary. A successful insurance claim may help you recover compensation for your vehicle repair costs and some of your medical bills, and your personal injury suit will allow you to ensure accountability for the remainder of your damages.
Another leading cause of personal injury is premises liability, which pertains to the legal obligations of private property owners when preventing injuries to guests, visitors, and customers on their properties. Under the state’s premises liability laws, a property owner is legally required to fix any safety issue they notice that could foreseeably cause an injury to a lawful guest or visitor. It’s important to note that premises liability laws do not apply to trespassers or intruders who do not have the property owner’s permission to enter their property.
While motor vehicle accidents and premises liability are the most commonly reported causes of personal injuries, other common causes of these incidents include:
Personal injuries can happen in many ways, and each victim will face a completely unique set of challenges as they seek compensation for their losses. However, one common thread among all personal injury victims is the value of reliable legal counsel. When you have the Law Offices of Carl D. Barnes handling your case, you are far more likely to maximize the total compensation you receive from the defendant who injured you.
State law allows the plaintiff in a personal injury case to seek full compensation for all the economic losses they suffered as well as pain and suffering compensation. Depending on the nature of the injury the plaintiff suffered and the scope of the immediate and long-term damages they face, they could be entitled to much more compensation than they initially expected. Therefore, the right attorney significantly improves the plaintiff’s chances of maximizing their case award.
In any case in which the plaintiff bears partial responsibility for causing their injury, they face losing a percentage of their case award under California’s pure comparative negligence law. The judge handling their case will review the evidence and testimony in play and assign each liable party a fault percentage. The plaintiff’s fault percentage will then be deducted from their case award. For example, if the plaintiff is found 50% at fault, they lose 50% of the compensation obtained from the defendant.
State law limits pain and suffering compensation in medical malpractice cases. As long as your personal injury claim falls outside the purview of medical malpractice, there is no limit on the amount of pain and suffering compensation you can seek from the defendant who caused your injury. An experienced personal injury attorney can assist you in determining a suitable amount based on the scope and severity of the harm you suffered from the defendant’s actions.
If a defendant caused a personal injury through simple negligence, it is unlikely for them to face criminal charges for causing a personal injury. However, if they caused the injury through illegal behavior, they not only face criminal charges but also heightened penalties in sentencing for causing bodily harm to the victim. DUI, reckless driving, and violent crime are the most common examples of illegal misconduct that can cause personal injuries, as well as criminal court proceedings.
Most personal injury attorneys accept cases on a contingency fee basis. This means the client is not required to pay an upfront fee or any ongoing fees throughout their proceedings. Instead, the attorney takes a percentage of the final case award after winning compensation for the plaintiff. If the personal injury attorney is unsuccessful with the client’s claim, the client does not pay anything for their representation.
The Law Offices of Carl D. Barnes has helped many clients throughout California with their personal injury claims. We know you likely have many pressing legal questions after another party has injured you, and no matter what type of personal injury you experienced, our firm can help you recover. Contact us today and schedule a free consultation with our team to learn more about the legal services we provide.