Are you thinking of filing a personal injury claim? If you’ve been dilly-dallying, it could be because you believe the following myths:
1. Personal Injury Lawyers Will Take Your Case Stat
When it comes to personal injury cases, time is of the essence. In California, for instance, you have only two years since the incident to file a claim. It doesn’t mean all personal injury lawyers will take your case.
Lawyers will consider many factors before they represent you. They measure the chance of success. Make sure you give yourself the best odds of winning. For example, you can work with a wrongful death lawyer in Long Beach.
Firms can give you a free consultation. During this time, you and the lawyer can assess the merits of your claim.
2. A Personal Injury Case Will Send the Person to Jail
A personal injury claim is a civil action, which also means it is not criminal and doesn’t send any person to jail. Instead, if you win your case, then you might be able to receive damages.
California recognizes two categories for damages: economic and non-economic. Financial losses refer to monetary expenses. These are costs that you might be incurring. They can include medical bills, loss of income, and therapy expenses. Non-economic damages are the ones that cover personal injuries. Examples are sleepless nights, pain, and suffering.
The state doesn’t impose any cap to these damages, except for medical malpractice. It is up to $250,000 for non-economic damages. Keep in mind, though, that the court will award what it deems is fair or reasonable.
In many cases too, both parties will agree to settle out of court. It spares everyone from the hassle and more expenses. That’s why you need to work with a lawyer before you even file a claim.
3. Wrongful Death Means Murder
Wrongful death is different from murder or homicide. You can submit a wrongful death suit if the person’s death is due to another party’s negligence. The act might also be intentional.
The most significant difference is the classification of the incident. Murder or homicide is criminal liability. Thus, the person responsible might pay damages and spend time in prison.
4. Negligence Is the Only Basis for Personal Injury Case
Just because your neighbor’s dog bit you doesn’t immediately make that person liable to your injury. Although negligence is one of the primary bases for personal injury suits, it’s not the only one.
To determine the negligent party, the lawyer and the court consider many factors. These are a breach of duty, proximate cause, and cause in fact.
Using the example above, if the dog bit your child because he or she taunted the pet, then it’s possible the neighbor is not negligent and, therefore, not responsible for your child’s injury.
5. Personal Injury Claims Are Only for Serious Injuries
Personal injury claims are for anyone who feels someone caused their or their loved one’s injury. It doesn’t matter whether the injury is severe or not. It’s possible that what could be minor today might have significant health impacts later.
California laws provide protection and remedies for people who feel they experienced injustice. These include personal injury lawsuits. Take advantage of them, but before you do so, talk with a professional. You want to make sure it’s worth your time and effort.
