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When you sustain an injury in California due to another person’s negligence or intentional act, many things may run through your mind. Most victims become confused as they do not know the next step. While many know the need to engage a personal injury lawyer, they hold back because of fear; they believe an attorney will charge an outrageous amount or take advantage of the situation. Insurance companies may inadvertently contribute to this issue through their claims-handling practices. This article provides answers to four leading questions on the minds of every personal injury victim in California.
How Do I Know I Need to Engage a Personal Injury Lawyer in California?
Personal injury attorney Walter Clark of Walter Clark Legal Group says, “The magnitude of injury you sustain and your claim’s complexity will determine if you need a lawyer.” According to California law, you cannot bring a claim to small claims court if the amount you demand exceeds $7,500. Furthermore, you can bring as many claims as you wish with a benchmark of $2,500. However, you can only bring two claims in a calendar year. Engaging a personal injury attorney may be unnecessary if you sustain a minor injury without any likelihood of significant medical care or injury. It is advisable to settle it yourself in a small claims court if it is within the financial limitations.
However, consult a lawyer if you sustain severe injuries or are unsure of the result of the case. Such cases are unpredictable and can be quickly complicated. A trained legal professional can review your case to determine its value accurately. They have the resources and time to handle your case successfully. They know the rules, requirements, and statute of limitations that you must meet for a favorable outcome.
When you have a large-scale case, you will probably deal with an insurance adjuster from an insurance firm. The primary role of the adjuster is to reduce your settlement as much as possible. As a layperson without comprehensive knowledge of the complex insurance laws and provisions, you can quickly lose substantial compensation and allow the adjuster to match your rights. Statistics reveal that insurers pay more than twice as much compensation to victims when they involve a lawyer in their claims. Hence, never take chances if you have a high-stake claim.
How Long Must I Engage a Personal Injury Lawyer in California?
You must file your lawsuit within a given duration. The nature of your claim and the entity that caused the injury are the main determining factors in the statute of limitations. According to California law, an injured individual has a two-year limit to institute a legal claim before it becomes time-barred. The statute of limitations starts when you sustain the injury or when you should have reasonably known you had the injury. The two-year limit entails claims for product liability against an entity, producer, trader, or any liable party in the distribution chain. The kind of claim you wish to file may affect the statute of limitations; it can shorten or elongate the time limit. For instance, you must file a wrongful or negligent act claim within one year of the harm or death in California.
The discovery rule guarantees that suspicion of wrongdoing and awareness of the injury and its cause will signal the commencement of the statute of limitations. The authorities may toll the limitation duration under some circumstances. For instance, the statute of limitations will not start if the claimant is insane or underage. Similarly, if a claimant is in jail, the time of their incarceration will not be part of the limitation period. However, the authorities will only relax the rules for up to two years. If a government entity is a defendant in your claim, you must file the claim with the concerned agency within six months.
What Is the Average Cost of a Personal Injury Lawyer in California?
Most personal injury attorneys in California charge contingently; they do not take upfront payment if they believe the case has merit. However, you will agree to pay them a percentage if and when they help you recover your damages. The contingency fee is often between 25 and 40 percent of the award. Most legal professionals charge a meager percentage if they resolve the case before it reaches trial. If your attorney charges you contingently, you must have a signed agreement. They should provide you with a signed copy of the agreement. Furthermore, your lawyer may include out-of-pocket expenses in the contingency or flat fee. These expenses include expert witness fees, filing fees, deposition fees, and other related expenses. Most attorneys do not include these out-of-pocket expenses in their fees. You must carefully pay attention to them because the costs can quickly add up to a significant amount.
How Do I Determine the Worth of Personal Injury Claims in California?
You should expect financial compensation for your loss if someone or an entity negligently or intentionally injures you in California and you institute a claim against them. You can value your claim by estimating what a jury would probably believe the matter to be worth for settlement purposes. Thus, you must consider the defendant’s negligence or wrongdoing, the severity of the harm, and its impact on your life. You must consider several grounds to calculate the “loss of life accurately” that the other party has caused you. Specifically, you must consider past and future medical expenses, loss of earnings, incapacitation, and the magnitude of the blame.
You may get significant compensation if you sustain severe injuries and need extensive medical care or suffer a permanent disability. This point is incredibly potent if you were agile, productive, and healthy before the incident. A crucial determiner of the value of your claim is the variation in the quality of your life before and after the mishap. Though no one can categorically state the worth of a personal injury claim, your lawyer can use the above-listed components to project the worth of your claim.
However, the skill of your attorney may affect the claim’s worth. Prior claims history, past medical records, and pre-existing injuries may also reduce your claim. Furthermore, being partially responsible for the harm will lead to a proportionate reduction in the worth of your claim. California uses the pure comparative fault rules. These rules regulate the damages you can get based on your fault; if you are 50 percent responsible, you can only recover 50 percent compensation.
Conclusion
Understanding your rights and legal options after sustaining a personal injury is crucial for securing fair compensation. You can navigate the process more effectively by knowing when to engage a lawyer, the statute of limitations, potential legal fees, and how claims are valued. Consulting an experienced attorney can significantly improve your chances of a successful outcome, ensuring you receive the compensation you deserve.
