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Pursuing Compensation for Personal Injury Cases

Victims of personal injury have the right to pursue compensation for their damages through a legal process to cover medical bills, lost wages, pain and suffering, and property damage.

What is Personal Injury Law?

Personal injury law is designed to protect individuals injured due to the negligence or intentional actions of another person or entity.

The law allows individuals to seek compensation for their injuries and related expenses if they can prove that another person or entity's negligence or intentional actions caused their injuries. To ensure the guilty party is held liable and responsible for paying your damages, you must prove that:

  1. They owed you a duty of care
  2. The defendant breached this duty of care by acting unreasonably
  3. Their unreasonable and negligent actions caused the accident
  4. You were harmed due to the accident caused by their negligence

Using our personal injury attorneys in Monrovia is crucial for any injury case. Our experienced professionals possess in-depth knowledge of local laws and regulations, ensuring that your case is handled with precision and expertise. From negotiating with insurance companies to navigating the complexities of the legal system, Fiore Legal attorneys can provide the guidance and advocacy needed to secure the maximum compensation you deserve.

California Personal Injury Laws

Each state has differing personal injury laws. Here are some of California’s specific regulations to be aware of before pursuing a legal claim:

California Personal Injury Statute of Limitations

The statute of limitations for personal injury cases in California is generally two years from the date of the injury.

It is important to note that there are exceptions to this rule, and the statute of limitations may be shorter or longer depending on the case's specific circumstances.

For example,  there is a time limit of six months to file an injury claim against a government entity, and claimants must adhere to a different set of procedural rules.

California Shared Fault Personal Injury Laws

California follows a "pure comparative negligence" rule, meaning the amount of compensation you receive will be reduced by an amount equal to your percentage of fault for the accident. An example would be when one driver blatantly ran a stop sign, but the other drove a few miles an hour above the posted speed limit. The speeding driver shares 10 percent of the blame for the accident, while the other driver is 90 percent at fault, and the damages add up to $10,000. Under California's pure comparative negligence rule, the court will reduce the compensation to $9,000 (or the $10,000 total minus the $1,000 representing a share of fault for the accident.)

California Limited Damages Laws

California law allows for two types of compensation in personal injury cases: economic and non-economic damages. The court can easily quantify monetary damages such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are more subjective and include things such as pain and suffering, emotional distress, and loss of enjoyment of life. The following laws limit recoverable damages:

  • California law prevents most uninsured drivers from recovering "non-economic" damages after a car accident, even if the other driver is entirely at fault for the accident
  • An exception is that the uninsured driver will be able to recover non-economic losses if they are in an accident with a driver who is operating a vehicle while under the influence of drugs or alcohol and that driver is convicted of DUI in connection with the accident
  • Another fundamental California law that limits certain kinds of damages is the Medical Injury
  • Compensation Reform Act (MICRA), which places a $250,000 cap on non-economic damages in medical malpractice cases
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Personal Injury Representation From a Real Trial Firm

Acting quickly after an injury occurs is essential. If you have been injured in California due to someone else's negligence:

  • Seek medical attention immediately following an accident
  • Document all medical expenses and lost wages
  • Record any other damages incurred due to the accident
  • Get legal help as soon as possible, as there are strict deadlines for filing a personal injury claim in California

While personal injury cases can be difficult and time-consuming, they can also be very rewarding for those who successfully obtain compensation. It allows individuals to hold others accountable for their actions and receive compensation for their injuries. Most lawyers want to settle your personal injury case quickly and will have you sign a release absolving the other side of any further liability. Fiore Legal is not your average law firm. our Monrovia personal injury attorneys are a real trial firm looking at your issue from a different perspective than lawyers who will pressure you into settling, whether or not it’s your choice. Because we always have your best interests at heart, we would never settle a case unless for the total value. We’re here to represent you in your pursuit of justice, whatever that takes.

Mauro Fiore Jr. with Fiore Legal Injury Attorneys working with a client at a laptop

Fiore Legal Fights For Personal Injury Victims

Being involved in a personal injury case can leave you feeling vulnerable and alone. You deserve a personal injury lawyer invested in your case as a confidant, not just someone looking to make a quick buck from settling for less. You deserve Fiore Legal.

Our dedication to understanding and representing our Monrovia neighbors has resulted in eight locations with over thirty team members providing extensive experience and empathy. With our tireless work ethic, we’ll fight for you from start to finish. Contact us today to schedule your complimentary consultation.

FAQs

Can I reopen a personal injury case if new evidence emerges?

Can I sue for a dog bite injury in Monrovia?

What is the role of the jury in a personal injury trial?

Can I file a personal injury lawsuit against a business in Monrovia?

What is a class action lawsuit in personal injury law?

Can I recover punitive damages in a Monrovia personal injury case?

Can I handle my personal injury case without a lawyer?

What is the burden of proof in a personal injury case?

Can I negotiate with the insurance company directly in a personal injury case?

What is a statute of limitations in personal injury law?

Can I reopen a personal injury case if new evidence emerges?

In some circumstances, you may be able to reopen a case if new evidence comes to light, but this can be complex and is subject to legal review.

Can I sue for a dog bite injury in Monrovia?

Yes, California has strict liability laws for dog bites, meaning the dog owner is typically liable for injuries caused by their dog, regardless of the dog's past behavior.

What is the role of the jury in a personal injury trial?

The jury's role is to assess the evidence presented, determine liability, and decide the amount of damages to be awarded if the case goes to trial.

Can I file a personal injury lawsuit against a business in Monrovia?

Yes, businesses can be held liable for injuries caused by their negligence, such as slip and fall accidents or defective products.

What is a class action lawsuit in personal injury law?

A class action lawsuit is a legal action where a group of plaintiffs collectively sues a defendant or defendants for similar injuries or damages.

Can I recover punitive damages in a Monrovia personal injury case?

Punitive damages are awarded in cases of extreme negligence or intentional misconduct and are intended to punish the at-fault party rather than compensate the plaintiff.

Can I handle my personal injury case without a lawyer?

While it's possible to handle a case without a lawyer, it's generally not recommended due to the complexities of personal injury law and the potential for higher compensation with legal representation.

What is the burden of proof in a personal injury case?

The plaintiff must prove the defendant's negligence and the resulting damages by a preponderance of the evidence.

Can I negotiate with the insurance company directly in a personal injury case?

Yes, you can negotiate with the insurance company, but having a lawyer can strengthen your position and ensure you receive fair compensation.

What is a statute of limitations in personal injury law?

A statute of limitations is the time limit within which you must file a lawsuit after an injury or accident. In California, this time limit is generally two years for personal injury cases.

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