November 28, 2022
How to Know if You Have a Potential Personal Injury Claim
Sometimes, you may find yourself doubting whether an accident and injury might lead to compensation through a personal injury claim. In the middle of all the anxiety surrounding an accident, you might not even realize that you have a potential case on your hands. The court system and all relevant laws and regulations can become confusing and overwhelming. It can be even more difficult when the insurance company tries to convince you that you do not have a valid claim.
Always speak with a California personal injury attorney about your case before talking to an insurance adjuster or accepting any settlement offers. We can assess your rights to possible compensation for your injuries.
What is Needed for a Personal Injury Claim?
In California, the statute of limitations declares that an individual only has two years to file a personal injury claim from the date of the accident. After this, there is no longer any chance of opening a case to earn compensatory damages. It is important to know exactly what is needed to be able to open a case so that you waste no time in filing a lawsuit.
A lawyer must be able to prove four separate elements of the case:
- Duty of care
- Breach of duty
- Causation
- Damages
More specifically, your attorney must prove the following to file a successful personal injury claim:
- The negligent party (defendant) acted unreasonably
- The behavior of the negligent party was the direct cause of the victim being injured
- The victim’s injuries led to compensatory damages
To put these elements into an example, say a restaurant owner was aware of a ceiling leak leading to a few puddles inside the restaurant. Although he was aware of this, he did not put up any wet floor signs, did not bother to mop up the puddles, and essentially ignored the issue, breaching his duty of care.
A customer came in, did not see the wet floor, and slipped, resulting in a broken leg. Now, this customer is faced with medical expenses and loss of wages due to being unable to work, all while still having a monthly mortgage they must pay.
There are more types of cases aside from a slip-and-fall accident that can be considered for personal injury claims. Some of the most common causes of personal injury claims are:
- Vehicle accidents
- Medical malpractice
- Wrongful death claims (loved one passes away because of someone else’s negligence)
- Product liability (a product that is sold malfunctions or causes harm)
The best way to know whether you have an injury claim is to have our legal team evaluate your situation.
Let an Oakland, CA Injury Lawyer Help You
At Pointer & Buelna, LLP, Lawyers for the People, we can help answer any questions or concerns you may have. You must speak with one of our lawyers regarding any kind of personal injury caused by negligence. If you think you have a potential personal injury claim, please call our office at (510) 929-5400 or complete our contact form. Our legal team can consult with you on your case completely free and with no obligation whatsoever. We will help you start a case and walk with you every step of the way.
