Personal injury law focuses on damages sustained as a result of someone else’s negligence, and it’s an important branch of the legal system. If another driver’s excess speed, distraction, impairment, or exhaustion – for example – leaves you injured in a car accident, personal injury law addresses the physical, financial, and emotional damages you sustain in that accident. If you have been injured by the negligence of someone else, don’t delay consulting with an experienced San Francisco personal injury attorney.
The Basic Elements of Personal Injury Claims
While your personal injury claim will not be exactly like anyone else’s, the basic elements of every personal injury claim include the following:
- The at-fault party owed you a duty of care, such as all drivers who share the road with you do.
- The at-fault party’s negligence breached that duty of care owed to you.
- This breach caused you to be injured in an accident.
- You suffered actual legal damages as a result of your injuries.
Common Personal Injury Claims
While many kinds of accidents are addressed by personal injury law, the most common include:
- Traffic accidents, such as car, truck, rideshare, e-scooter, motorcycle, bike, and pedestrian accidents
- Premises liability claims, such as slip and falls and pool drownings
- Accidents that lead to catastrophic – life-changing – injuries, such as amputations
- Dog bites
- Wrongful death claims
Your Legal Damages
The injuries and losses you sustain as a result of someone else’s negligence are addressed as damages in your case, and they can include all of the following:
- Property damage (such as to your vehicle in a traffic accident)
- Medical costs
- Lost earnings on the job
- Physical and emotional pain and suffering
Each of these should receive the attention it deserves in your claim.
Your Pain and Suffering
While the economic damages you suffer, such as your medical expenses and lost wages, are fairly straightforward, your physical and emotional pain and suffering is far less so. Many victims of dangerous accidents suffer serious emotional aftereffects that negatively affect their lives, including:
- Increased anxiety
- Bouts of depression
- Severe mood swings
- Accident flashbacks
- Emotional lability
- Self-isolation
- Sleep disturbances, such as insomnia
- PTSD-like symptoms
Proving your pain and suffering can be complicated, but doing so is an important element of your claim that can help to ensure you are justly compensated. Some of the best mechanisms for documenting your pain and suffering include carefully keeping track of your medical treatment and attendant expenses and documenting the emotional effects you experience. By keeping a journal of your experiences, you’ll be better prepared to share the full extent of your pain and suffering.
Common Myths Regarding Pain and Suffering
There are some myths out there regarding pain and suffering in personal injury claims that have taken root and that do not do claimants any good. The law addresses accident victims’ pain and suffering because it is very real and can be one of the most difficult accident-related obstacles to overcome.
One: Pain and Suffering Amounts are Excessively High
When a jury awards a high dollar amount for pain and suffering, it is not frivolous – it is intended to help the accident victim reach his or her fullest recovery after suffering very serious emotional consequences.
Two: You Have to Go to Trial
Many people believe that, in order to be compensated for their pain and suffering, they’ll have to take their claim to court, and this simply isn’t true. The vast majority of personal injury claims are settled out of court, and many of these settlements include compensation for pain and suffering.
Three: Pain and Suffering Amounts Are Random
The pain and suffering amounts awarded by juries (or that are included in insurance settlements) are far from random. They are based on wide-ranging factors that can include:
- Your total economic losses
- The severity of your physical injuries
- The degree of negligence involved in the at-fault party’s actions
- The strength of the evidence in your case
FAQ
If you are suffering from an injury you sustained as a result of someone else’s negligence, the answers to the following frequently asked questions can help.
Will my claim go to court?
It is unlikely that your claim will go to court, but if the insurance company involved refuses to negotiate fairly, your experienced personal injury attorney might advise you to file a lawsuit.
How long do I have to file a lawsuit?
In California, the statute of limitations for the vast majority of personal injury lawsuits is two years from the day of the accident that left you injured. It’s important to point out, however, that negotiations with the insurance company can be lengthy, and recovering from your injuries can slow you down, which means that this two-year limit can fly by. Consulting with an experienced personal injury attorney as soon after your accident as possible is well advised.
How can I protect my claim?
Your personal injury claim is utterly unique to the circumstances involved, but the following tips can help anyone in your situation:
- Seek the medical attention you need, and carefully adhere to your doctor’s instructions (this is in the best interest of your health and the best interest of your personal injury claim)
- Consult with a dedicated personal injury attorney as soon after the accident as possible
- Lay low on social media (the insurance company is watching)
- Allow your personal injury lawyer to deal with the insurance company on your behalf, including making any statements that need to be made
An Experienced San Francisco Personal Injury Attorney Is Standing by to Help
If you’ve been injured by someone else’s negligence, the trusted San Francisco personal injury attorneys at Los Angeles City Law have the experience, drive, and resources to help guide your claim toward its best possible conclusion. Our legal team understands the difficulty of your situation and is here to help. To learn more about what we can do to help you, please don’t hesitate to contact or call us at 866-522-4895 today.
