Our legal professionals are aware of this fact and understand the challenges and unique factors involved in a motorcycle accident. If you were hurt in a motorcycle accident and if you believe that it was someone else’s fault then it is time to claim the compensation you rightly deserve. Connect with one of our outstanding California accident attorneys today and ensure that you make the liable party pay for their negligence.
Pedestrian vs. Auto Accidents
When a motor vehicle accident involves a motor vehicle and a pedestrian then there are unique factors to take into consideration. Remember that it is not necessarily always the operator of the motor vehicle who is responsible for the accident. A pedestrian could have been the one at fault too. It really depends on what exactly transpired in this circumstance.
If you were a pedestrian who was negligently struck by a car driver and suffered injuries or if you were a car driver who got into an accident because of reckless or negligent actions on part of the pedestrian, we recommend that you contact one of our esteemed, righteous, dependable, and illustrious legal pros right away.
Click and call! USAttorneys.com was designed for this situation. You can use our site to call up a legal representative yourself and if you have any concerns, you can contact us via our contact form. There is no reason to wait any longer on any of this.
How can a personal injury attorney help with an accident case in California?
Accidents were listed as the 5th leading cause of death in California for 2018, revealing the impact of random events, that in many cases lead to detrimental outcomes resulting in harm, injury, property loss, or wrongful death casualty. The law provides for compensation, or indemnity when an injured party was not at fault. Accidental injuries may occur at work, on someone’s property, in the hospital, on vacation, during recreational outings, or in a motor vehicle, just to name a few common locations. An experienced legal professional can support a personal injury claim in the state of California, utilizing pertinent federal and state doctrine to yield a comprehensive court award, or an insurance settlement that will compensate a victim for life-long mental, physical, and financial disturbances and property loss caused by an accident.
What types of accidents result in legal action toward fiscal recovery?
California motor vehicle, personal injury, premises liability, medical malpractice, and worker’s on-the-job accidental injuries are at the root of legal action in pursuit of economic, and non-economic damages. In addition, California Civil Code 3294 allows a jury to award punitive damages in a personal injury case, but the plaintiff must prove by clear and convincing evidence that the defendant’s conduct amounted to malice, oppression, or fraud.
Motor vehicle.
If you are injured in a motor vehicle accident in the State of California, where over 3,500 lives were claimed in 2018, you may have questions about how the laws will affect property damage and personal injury claims. An accident victim has the right to pursue compensation for damages after a motor vehicle accident if they were walking, riding, or driving when the incident occurred. Sometimes the accidents are caused by blatantly negligent acts, such as reckless driving, distracted driving, or driving under the influence, which may result in pending criminal action to be undertaken before the civil action. An experienced attorney can help with the intricacies of a complex accident case by addressing criminal components, insurance coverages, degrees of fault and the severity of the accident damages toward a timely award. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident.
Personal injury.
Personal injury accidents occur in any setting, as a result of the action, or inaction of another, and a victim may be able to recover compensation if fault and/or liability is proven. Negligence is considered when a person acts below a reasonable standard of care, or fails to act in a manner consistent with the standard of care a reasonable person would follow. The recovery of damages is contingent on proving another individual, or entity was the cause of the injury and owed a duty of care to the victim.
Premises liability.
When an individual is hurt on someone else’s property, they may take legal action when injury was caused due to poor conditions on the property, including improper maintenance, upkeep, or from interactions with occupants and animals on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. California caps non-economic damages in medical malpractice cases at $250,000, but has no cap on economic damages caused by malpractice. The statute of limitations is three years to file a claim from the date of the injury, or one year after the patient discovers the injury.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself. The California Department of Industrial Relations outlines steps to be taken in these cases.
Wrongful death.
A wrongful death legal action can be brought by loved ones when a person dies because of the negligent, reckless, or deliberate act of another. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from other accident injuries?
Compensatory damages are meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
Under California law, it is rare that punitive damages are considered and will be based on occasions where an individual’s actions were found to be reckless, intentional, egregious, and harmful resulting in the injury.
Legal action after an accident.
A California accident victim can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team yielding a swift and fair monetary settlement. Legal counsel has the experience to research all relevant accident laws for individual claims, and can digest that information in support of a case, while tracking governmental agency and court filing timelines.
