Press Release (ePRNews.com) - Northridge, CA - Dec 21, 2017 - To file a personal injury claim in California, can be done when a person is injured as a result of the fault of someone else. It must be noted that generally people are injured every day and it is no one else’s fault, for example, a person may trip over his own shoes laces. However, in respect of personal injury claims there must be someone at fault for the injury. This article will discuss when a person can file a personal injury claim in the state of California.
In order to file a personal injury claim in California a person must be able to prove that someone owed him or her the following:
-That someone breached their duty
-The breach was the cause of the injury
Some examples of personal injury claims that are recognized in the state of California include the following:
-A business owner owes a duty to every person who comes into his or her business. This duty is to provide a safe environment for both customers and employees. If the owner does not keep the sidewalks or aisles in the store clear of debris and hazards and someone falls on such and is injured then the business owner is liable or at fault for the resulting injury.
-Doctors owes their patients “the duty to provide competent medical care”. In the event where a doctor does not provide competent medical care and a patient is injured as a result of the doctor’s incompetence or perhaps carelessness, then the patient may file a personal injury lawsuit for the doctor’s negligence; under ‘medical malpractice’.
If injured in a car accident as a result of a driver failing to follow the rules of the road, the injured person can file a personal injury lawsuit against the negligent driver. However, it is important to realize that if a person is injured as a result of his or her own careless driving then he or she cannot file a personal injury lawsuit.
There are some basic injury requirements in order to file a personal injury lawsuit in California. Obviously a person who has just a little pain or has a bruise but is otherwise not injured would not have medical bills and it is likely that he or she would not have much of a claim for damages. The personal injury claim is usually filed where there are ‘damages’ such as medical bills or lost wages which need to be compensated. An injured person who has pain that prevents him or her from working even for a few days may file a personal injury claim in order to recover the money he or she has lost from missing work; this also includes if the person has used vacation days or sick time to recover.
If an employee is injured while working he or she may file a worker’s compensation claim instead of a personal injury claim. A person who is injured outside of the workplace and then misses a few days from work can still file a personal injury lawsuit to be compensated for that missed time. It must be noted that there are limits in recovery of a worker’s compensation case. It may prove to be beneficial for an injured person to file a personal injury claim rather than a worker’s compensation claim.
For a full assessment of your personal injury claim consult good accident attorneys who specialize in personal injury matters.
About the company:
The King Law Firm is a law firm of renowned professionals who specialize in personal injury matters. If you are involved in a Northridge car accident, to hire personal attorney in injury law contact the King Law Firm today.
Source : The King Law Firm