Are you a victim in an accident and have suffered injuries due to the other party’s fault and are wondering about your legal rights and options? You are looking at personal injury lawsuits. A personal injury lawsuit is a legal option that allows a plaintiff to get compensation for the damages and losses they have suffered due to the accident.
According to data from the San Diego Superior Court, in 2021, there were 8,021 reported personal injury cases in San Diego County. Of those cases, 5,543 involved automobile accidents, and 2,478 involved premises liability. Additionally, said wrongful death cases rose 4% from 2020, with 493 total cases.
Due to the complexity of personal injury cases, it is imperative to initiate a legal motion when you have been a victim of an incident. You’ll need a proficient lawyer to represent you to win a case. That is why it is crucial to pick a credible team. A San Diego Personal Injury Law Firm can guide you through the process. However, prior to filing a lawsuit, it is important to understand the basic anatomy of personal injury law.
What is Personal Injury?
It is legally defined as an injury sustained by one person as a result of the negligence of another. This includes physical, emotional, and financial damages caused by the other party’s careless or intentional behavior. It can consist of injuries inflicted by defective products, medical malpractice, auto accidents, premises liability, animal bites, and other forms of negligence.
What Are Personal Injury Lawsuits?
A personal injury lawsuit is a legal action taken by an injured victim against the parties responsible for their casualty. A legal case helps accident victims recover financial compensation for the losses incurred due to a traumatic accident. The monetary compensation covers losses like medical expenses, pain, suffering, and lost wages.
There is no definite outcome when it comes to a personal injury lawsuit. To win the lawsuit, the plaintiff (victim) must prove that the defendant (at-fault party) is liable for their injuries. This involves showing that the other party was negligent or at fault for the accident. After liability is determined, the court determines the amount of financial compensation you may receive in damages. In most cases, however, the two parties involved will settle beforehand, and there will be no need for a court trial.
Laws That Govern Personal Injury Lawsuits
Several laws govern personal injury lawsuits, including state negligence laws and the statute of limitations. In addition to that, personal injury lawyers may also be derived from common law. This is because most states follow common law.
Personal Injury Lawsuit Statute of Limitations
A statute of limitations is a state law that states the deadline for filing a personal injury lawsuit after an accident occurs. The time limit usually starts from the day the accident occurs. In other cases, however, the countdown might start when you realize you were injured.
For example, if you were hurt by a drug or drugs you took. Generally, you can no longer make a legal claim once the lawsuit filing deadline ends. In California, for instance, the statute of limitations for personal injury lawsuits is two years from the injury. However, if the injury is discovered later, you have one year from the date the injury was discovered.
How Much Is Your Personal Injury Lawsuit Worth?
There is no definite way to determine the worth of a personal injury lawsuit. However, the purpose of a lawsuit is to cover the damages suffered from the accident. In this case, you want to ensure the financial compensation covers your economic damages. These are financial losses you suffer after the accident, including medical bills, property damage, and lost wages.
In addition, personal injury lawsuits may also recover noneconomic damages. Unlike economic damages, noneconomic damages are hard to quantify in monetary value. They include pain and suffering and emotional trauma.