When you or a loved one has been a victim of a personal injury, it’s within your legal right to seek compensation from the negligent party. If you’re wondering, “What is a personal injury claim?” our attorneys at Tofer & Associates in California can break down complex legal concepts into easy-to-understand terms.
An individual, known as the plaintiff, seeks legal action against the opposing party (the defendant) that has caused harm. While personal injury claims are often made against individuals, they can also be made against businesses and organizations.
In California, any action or event that leads to an injury through negligence can be considered a personal injury. Some common forms of personal injuries include:
- Automobile Accidents: Including incidents involving commercial trucks, which are common in California’s busy traffic
- Medical Malpractice: Such as errors during surgery or misdiagnosis, considering California’s large and diverse healthcare system
- Slip and Fall Accidents: Often occurring in public or private properties, including California’s numerous commercial establishments
- Construction Accidents: Injuries occurring on job sites, particularly relevant given California’s extensive construction industry
- Dog Bites: Incidents involving aggressive pets, with specific California laws governing pet owner liability
- Defective Products: Harm caused by faulty or unsafe products, with California’s strict consumer protection laws
- Wrongful Deaths: Tragic incidents where negligence results in loss of life, warranting compensation for surviving family members
- Truck Accidents: Involving large commercial vehicles, often leading to severe injuries due to their size and weight
- Bus Accidents: Incidents involving public or private buses, affecting passengers and other road users
- Motorcycle Accidents: High-risk incidents that frequently result in serious injuries
- Rideshare Accidents: Involving services like Uber and Lyft, with complex liability issues
Whether it’s a distracted driver causing a car accident, a property owner neglecting a hazardous condition, or a company releasing a defective product, the law offers a way to hold them responsible through a personal injury claim.
A personal injury claim enables the injured party to seek financial compensation from those whose unsafe actions led to the incident and its resulting damages. This includes covering medical expenses, lost wages, and non-economic losses such as pain and suffering.
Recovering Rightful Compensation for a Personal Injury Claim in California
If somebody’s negligence causes you harm, you shouldn’t have to bear the financial and emotional burdens alone. Whether it’s a distracted driver causing a car accident, a property owner neglecting a hazardous condition, or a company releasing a defective product, the law offers a way to hold them responsible through a personal injury claim.
California law allows you to recover compensation through a personal injury lawsuit if you are injured in an accident caused by another party’s negligence. This includes both economic and non-economic damages.
Economic Damages
Economic damages cover tangible, quantifiable losses resulting from an injury. Typical economic damages include:
- Medical expenses: All reasonable costs for medical treatment, hospitalization, rehabilitation services, prescriptions, assistive devices, and in-home care related to the accident injuries.
- Lost income: Wages, salary, commissions, and other income lost due to missing work during recovery. Damages can cover past lost income and future diminished earning capacity.
- Loss of future earnings: If injuries permanently impact your ability to work or earn promotions, you can recover damages for future lost income.
- Property damage: Repair or replacement costs for property damaged in the accident, such as a car, bicycle, medical equipment, eyeglasses, clothing, etc.
Documenting these losses requires evidence like medical bills, pay stubs, tax returns, employment records, receipts, and repair estimates.
Non-Economic Damages
Non-economic damages provide compensation for intangible injuries and losses. These can include:
- Pain and suffering: Monetary damages accounting for any physical pain, discomfort, stress, insomnia, fatigue, stiffness, reduced mobility, and other effects of the injury.
- Emotional distress: Compensation for mental anguish, depression, anxiety, fear, embarrassment, mood swings, personality changes, and other emotional trauma resulting from the accident.
- Disfigurement: Compensation for permanent scarring, disfigurement, and other impacts on physical appearance due to accident injuries.
- Loss of consortium: Damages to account for impacts on family relationships, companionship, and the ability to provide love and affection due to the injuries.
Quantifying these subjective, non-economic damages relies heavily on testimony from you, your family, eyewitnesses, and medical experts regarding the severity and longevity of the impacts.
With the help of an experienced personal injury attorney, we will seek full and fair compensation for all applicable economic and non-economic damages you suffered due to the negligence of others. Let our California injury law firm protect your right to recover.
Statute of Limitations for Personal Injury Claims
Complying with the Caifornia Statute of Limitations is one of the most time-sensitive aspects of any injury claim. In California, these legal deadlines impose strict time limits for initiating your claim before your rights automatically expire:
- For most personal injury cases, you have two years from the date of the incident to file your claim.
- If the injury wasn’t reasonably discoverable right away, the two-year clock starts when you knew or should have known about the injury.
- Claims against municipal/government entities must meet an even shorter six-month statute.
- Certain types of cases, like medical malpractice or product liability, have their own distinct statute rules.
Missing these deadlines can mean an automatic dismissal of your case—no matter how warranted your claim may be. That’s why retaining experienced personal injury counsel is crucial from the outset. We accurately calculate your statute timeline and ensure all requirements are met to preserve your legal rights to compensation.
The Difference Between Personal Injury Claims and Lawsuits
While often used interchangeably, “claims” and “lawsuits” represent two very different phases of the personal injury case process:
Claims
A claim involves sending an official notice to the at-fault party’s insurer, stating:
- You suffered injuries due to their insured’s negligence.
- You’ll be seeking financial damages accordingly.
This initiates the out-of-court settlement negotiation process. Key milestones in a personal injury claim include:
- Documentation and evidence exchanges on liability and damages.
- Our attorneys calculate your total economic/non-economic losses.
- The insurance company inevitably makes an opening lowball offer.
- Vigorous negotiations until an acceptable settlement is struck.
Lawsuits
If negotiations reach an impasse after good-faith efforts, your attorney would then escalate by filing a personal injury lawsuit to initiate the litigation process:
- The formal “discovery” phase of evidence/document/deposition gathering.
- Motions for judgment, mediation attempts, and complex legal maneuvering.
- Taking the case to trial if no pre-trial settlement can be achieved.
Most cases don’t have to go to court. Still, having qualified personal injury representation at the initial claim stage is invaluable. We lay the groundwork for maximizing your leverage—positioning you for either maximum compensation via a settlement or a case to take to trial.
While the concept may seem straightforward, successfully navigating a personal injury claim often requires the expertise of an experienced personal injury attorney to safeguard your rights and ensure you receive the maximum compensation possible.
How a Personal Injury Lawyer Can Help
Injury cases often favor insurance companies, which have teams of adjusters and attorneys to take full advantage. A personal injury attorney levels the playing field by handling complex legal work, allowing you to focus on recovery.
A personal injury lawyer:
- Investigate your accident to gather solid evidence.
- Identify all those who are responsible.
- Handle all communications with insurance companies.
- Negotiate agreements to secure the compensation you deserve.
- Take your case to court if necessary, fighting for justice before a judge and jury.
Why Choose Tofer & Associates for Your Personal Injury Claim?
Not all law firms are created equal when it comes to helping injured people. At Tofer & Associates, years of experience and an impeccable track record set us apart. What you can expect when you choose us:
- Trial-tested experience: Our attorneys have handled hundreds of personal injury cases, from accidents to jury verdicts. Insurance companies know we’re ready, willing, and able to go to court if needed. With our seasoned lawyers on your side, you have true leverage.
- Laser focus on injury law: We concentrate exclusively on helping the injured, not dabbling across multiple areas of law. You’ll have a pro on your case, not just a general practice lawyer. We keep our skills honed to maximize case outcomes.
- Personalized attention: We ensure every client gets the time and attention they deserve. We know you by name, not just a case number.
- Respect and compassion: The legal process can feel intimidating. We treat every client with genuine empathy, patience, and concern. You’re a human being going through a tough time, not just a payday.
- Contingency fees: You pay no attorney fees out of pocket. We only get paid if we recover damages for you. And our fees come out of the settlement, not in addition.
- Results: Our track record speaks for itself—just read our client testimonials. We want the opportunity to get you the maximum settlement possible.
When you’re injured, you need an attorney who will fight tooth and nail on your behalf. At Tofer & Associates, we have the skill, experience, and commitment to do exactly that. With us handling your case, you have an ironclad advantage.
At Tofer & Associates, we help victims and their families obtain compensation and justice following a personal injury. Many of our clients know they can seek compensation for medical bills and property damage. However, you can also seek compensation for what’s called non-economic damages
Economic damages like medical bills and lost wages typically carry a specific monetary value. However, it’s impossible to fully put a dollar figure on pain, suffering, emotional distress, and the like.
Our team comprehensively examines the details of your case and—with the experience of handling hundreds of successful cases—helps produce a reasonable figure calibrated to your situation and desired results.
Contact Us Today For a Free Case Evaluation
For over 20 years, our team at Tofer & Associates has rigorously fought and won cases for personal injury victims across California.
When you contact Tofer & Associates, you can schedule a free consultation. Our experienced attorneys, are always happy to respond to your questions or comments concerning your case.
By choosing Tofer & Associates, you are selecting a team dedicated to ensuring you receive the justice and compensation you deserve. Don’t hesitate to reach out to us for expert legal advice and support tailored to your unique circumstances in California.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Please consult with a qualified attorney to discuss your specific case.
