Have You Suffered a Serious Injury?
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Personal Injury covers a body of law that is known as “tort” law. According to Black’s Law Dictionary a tort is: “A legal wrong committed upon the person or property independent of con- tract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual.
Generally, personal injury applies to a person or entity which caused a harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. The person whom caused the harm is called the “tortfeasor.” In California, an injured person may be compensated for medical bills, pain and suffering, and diminished quality of life. These are called “damages.”
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The most common personal injury claims stem from injuries sustained in traffic collisions, tripping accidents, assaults, and faulty products (product liability).
Accidents which occur at work are generally covered by workers’ compensation statutes, but there may be civil liability, depending on the circumstances. For example, a construction worker is covered by workers’ compensation if he or she is struck by a forklift which is moving items on the jobsite. However, a civil suit might also be appropriate if the forklift driver was drunk at the time, or if a worker was injured by something that had nothing to do with workplace safety, such as being struck by debris from a collision on a nearby overpass.
If someone’s negligence resulted in an injury as a result of a collision, fall, or the use of a defective product, you may be entitled to monetary compensation from that party. The amount of compensation for a personal injury will primarily depend on the severity of the injury, the costs expended in mitigating or recovering from the injury, the physical pain and suffering that was incurred and financial means of the tortfeasor.
If you have been in an auto collision, beware! Insurance companies want to pay as little as possible, and many adjusters will call you within days (sometimes even hours) of the collision, hoping to get you to settle as quickly as possible. They may want to isolate your car so that they can inspect your vehicle and to prevent an inspection by your representatives.
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If Advocas Law Group accepts your case, we will protect you from unscrupulous insurance companies. You won’t have to pay anything out of your own pocket; we get compensated only when you get paid.
Be careful not to wait too long to hire a legal representative. People often “wait to see how they are feeling” before seeking compensation for their injury. However, California has a statute of limitations in which the law clearly states how much time you have to file a claim. If your claim is not pursued or lawsuit filed in a timely manner, the defense will use the statute of limitations to have the case dismissed with no compensation to the plaintiff. If you fail to meet certain deadlines, the court will likely reject the filing of your case.
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DON’T WAIT! Call the Advocas Law Group legal specialists today to protect your rights and get fair compensation for your injuries and expenses.
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