If you have suffered a personal injury due to another person’s negligence in Glendale, CA, you can claim compensation in the form of damages. Damages can be general or special. The jury will decide the damages you get after a successful claim, depending on the case and evidence your attorney presents.
Most insurance companies will insist on giving low payouts to the victims. Also, following the case as an amateur may be challenging. Due to these and more reasons, you should speak to our Glendale attorneys at Avaness Law. We will investigate and assess your case to ensure you receive fair compensation for your general personal injury.
Components of a Personal Injury Claim
When pursuing a general personal injury claim, our experienced Glendale attorneys will help you prove the following:
- The defendant had the duty to exercise reasonable care
- The defendant failed to exercise reasonable care
- The defendant’s failure to exercise reasonable care caused your injury
- The injuries or damages you suffered were the results of the defendant’s negligence
Types of Personal Injury Cases We Handle
Certain situations can put you at risk of injury, necessitating damages. These incidents include:
- Motor vehicle crashes: These include motorcycle, truck, car, pedestrian, and bus accidents. The negligent party will be liable for the damages.
- Slip and fall accidents: A slip and fall accident occurs when a property owner creates or fails to correct a property hazard that injures a guest. For example, if a property owner fails to correct a crack on the floor, causing a customer to fall, they can sue them for damages. Slip and fall accidents comprise premise liability cases such as injuries from lack of signage, negligent security, or poor lighting.
- Dog bites: After a dog bite, you can get scarring, disease, or worse. The dog owner will be liable for your damages after a dog bite.
- Medical Malpractice: Sadly, most deaths in the U.S. happen annually due to medical errors, leaving many with permanent injuries due to medical malpractice. Medical malpractice occurs when the doctor’s care is below their reasonable medical standard and harms the patient. If you believe that you or your loved one are dealing with a medical condition that arose due to medical malpractice, you can contact our Glendale attorneys to help you file a lawsuit. We will handle all claims relating to birth injuries, misdiagnosis, medication errors, and cerebral palsy.
Types of Personal Injury Compensatory Damages?
Getting compensation after a personal injury helps you deal with your losses. While these compensations cannot make you whole again, they ease your financial strains. In a personal injury claim, you qualify for the following types of damages award:
Special damages: Special damages compensate you for the financial losses you incur due to your injury. These damages include:
- Loss of income
- Past, present, and future medical bills
- Cost of replacement or repair of damaged property
- Cost of household services, such as special care during your recovery
Generally, there is no limitation on the amount you can recover in special damages in a personal injury case. Hence, you bear the burden of proving your damages. By hiring our experienced Glendale attorney, you can rest assured of a fair deal.
General damages: Unlike special damages, which are monetary, general damages are non-economic and hence challenging to measure. They aim at compensating you for the intangible losses associated with your injury. These damages include the following:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Disfigurement or physical disability
- Loss of reputation
- Loss of enjoyment of life
- Loss of consortium
Calculation of General Damages in a Personal Injury Claim in Glendale
Quantifying the amount of money to compensate an injured person for general damages can be challenging. The process involves assigning a dollar amount to an injury, with damages like embarrassment and mental anguish being unique to each plaintiff.
In determining your general damages, the jury or insurance adjuster will check the severity of your injury, the duration of your suffering, and the sensitivities of your injury. Given these imprecise factors, the damage awards will often vary. It is, therefore, wise to work with an experienced Glendale attorney to ensure a fair deal.
Collecting Your Damages After Award
After a successful claim, your next step will be collecting your award. The process is easy if you are dealing with an insurance company. You will sign a release and get your settlement check. On the other hand, if you file your claims through the courts, the process can be complicated as you have to wait for the other party’s appeal. The defendant may also be unwilling or unable to pay. Hiring our attorney in the latter case will help you find the defendant’s undisclosed assets or place property liens.
Statute of Limitations
When filing a personal injury claim, do so within the specified time by law, called the statute of limitations. These statutes vary by state and start running at the time of the incident. In the case of medical malpractice, the limitation will start running from the point of discovery. Failure to file your claim within this duration can cause a dismissal. Hence, the earlier you consult our experienced attorney, the better your chance of having a strong case, as you will give them ample time to gather evidence on your case.
Get Help From Avaness Law
A general personal injury case will occur when a negligent party’s action injures you. Depending on your injuries, you may be unable to pursue the claims, and hiring our Avaness Law attorney is advisable to ensure stronger negotiations with the insurance adjuster or jury. Our team will investigate your case and present the evidence to ensure fair compensation. Call us today our Burbank personal injury lawyers to schedule your appointment. Co