The Law Offices of F. Adrian Munoz offers services in a wide range of legal cases. The specialization, however, is focused on personal injury.
What is Personal Injury in California?
Personal injury law in California compensates individuals for physical and emotional injuries resulting from another’s negligence or wrongful conduct.
What are the Different Types of Personal Injury Cases?
AUTO ACCIDENTS: The most common personal injury cases in California (and throughout the United States) are auto or car accidents. Auto accidents are often due to an individual’s negligence or reckless behavior.
SLIP AND FALL: This type of case is all about injuries occurring on someone else’s property. Usually, these types of cases are due to unsafe conditions present at the time of the accident.
MEDICAL MALPRACTICE: Medical malpractice occurs when a healthcare professional has become negligent while providing care to individuals, resulting in injury or harm.
PRODUCT LIABILITY: This is when a product manufacturer, seller, or distributors are held liable for injuries caused by their defective or dangerous products.
WORKPLACE INJURIES: This type of injury or harm takes place while on the job. This type of case is most popularly known as a Workers’ Compensation case.
LEGAL PROCESS
The legal process for personal injury cases may seem straightforward, but it is not. The process entails having extensive knowledge and experience in handling these cases. The following outlines the procedure in handling personal injury cases:
- You must first establish whether or not there was indeed negligence, which means the other party failed to act with reasonable care.
- Gather pertinent evidence such as medical records, accident reports, witness’ statements, and other vital records or information.
- File a claim with an insurance company, court, and/or other agencies, depending on the type of case.
- Negotiation and Settlement. Most personal injury cases are settled out of court. There are cases, though, in which, if an agreement is not reached between the parties, the case will be tried in court.
STATUTE OF LIMITATIONS (SOL)
The statute of limitations for personal injury cases in California is two years from the date of the accident or injury. If one fails to file within the timeframe, then the right to sue is forfeited.
COMPARATIVE NEGLIGENCE
California’s pure comparative negligence law means that an injured person can recover damages even if they were partially at fault for an accident, but their percentage of fault will reduce their compensation. For example, if you are awarded $10,000 in damages, but are found to be 20% at fault, your award will be reduced by
$2,000$, leaving you with
$8,000. This system allows for a proportional division of fault among all parties involved in an accident. (Comparative Negligence in California).
TYPES OF COMPENSATION AWARDED
Damages in personal injury cases can include the following:
- Current and future medical expenses.
- Lost wages or compensation for lost income due to the person’s inability to work.
- Pain and suffering which includes compensation for physical pain and emotional distress or suffering.
- Property damage. Compensation for the damages to one’s personal property.
AN ATTORNEY’S ROLE
If you suffer personal injury, consult a personal injury attorney. An attorney’s role is crucial as they serve as a mediator between the injured party and all other individuals and/or agencies involved in the personal injury case. This role reassures you about the legal process, as the attorney can guide you in navigating the complexities, assist you in gathering evidence, and analyze the best approach to the case. The attorney has the expertise to help you maximize the benefits and compensation you deserve out of the injury you suffered.
THE LAW OFFICES OF F. ADRIAN MUNOZ
The Law Offices of F. Adrian Munoz have been in the legal business for over 30 years and specialize in personal injury. We have settled cases in which our clients were awarded millions of dollars (Disclaimer: This depends on the type of case).
Should you need a personal injury lawyer, please do not hesitate to contact our office at (626)246-1690. We will help you maximize the settlement you deserve.
