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Personal Injury Law

Personal injury law was established to help those who were psychologically or physically harmed by the negligent actions of another party to obtain reimbursement for their losses. A classic example of a negligence-based personal injury claim is in the case of a car accident where the cause of the collision was a driver’s failure to exercise reasonable care. When drivers fail to act in a reasonable way while on the road, they may be found liable for compensating the victim for damages caused by the accident.

Statute of Limitations

The statute of limitations is a time limit imposed by the state for filing lawsuits through the court system. The length of the limitation is different based on the state where the injury occurred, but it can range from one year to six years long in the United States. These deadlines are relatively strict as nearly every case filed outside the deadlines is immediately dismissed, but there are rare circumstances that could extend the statute of limitations.

State Personal Injury Statute of Limitations
Alabama 2
Alaska 2
Arizona 2
Arkansas 3
California 2
Colorado 2 normally, 3 years for car accident injuries
Connecticut 2
Delaware 2
District of Columbia 3
Florida 4
Georgia 2
Hawaii 2
Idaho 2
Illinois 2
Indiana 2
Iowa 2
Kansas 2
Kentucky 1
Louisiana 1
Maine 6
Maryland 3
Massachusetts 3
Michigan 3
Minnesota 2
Mississippi 3
Missouri 5
Montana 3
Nebraska 4
Nevada 2
New Hampshire 3
New Jersey 2
New Mexico 3
New York 3
North Carolina 3
North Dakota 6
Ohio 2
Oklahoma 2
Oregon 2
Pennsylvania 2
Rhode Island 3
South Carolina 3
South Dakota 3
Tennessee 1
Texas 2
Utah 4
Vermont 3
Virginia 2
Washington 3
West Virginia 2
Wisconsin 3
Wyoming 4

Many states across the country have implemented a discovery rule exception to the statute of limitations that extends the filing of the deadline based on situations where the injured person had no knowledge that they had suffered an injury or that someone else’s potential actions may have lead to or caused that injury. An example of this would be if someone ended up in a coma after a car accident. A coma can last for years, so the standard statute of limitations may have already passed in those situations, but based on the fact that a victim may not have even known that they had suffered an injury after ending up in such a state, they should be able to file a lawsuit as they can argue that the clock did not start ticking on the deadline until after they had awakened and been made aware of the situation.

Common Situations Where Personal Injury Law Can Apply

These are situations where personal injury lawsuits can be common.

  • Accidents – If someone acted in a negligent manner that leads to an accident that caused harm to another, the individual who is at fault may be the subject of a personal injury lawsuit. Common accidents can include car accidents, medical malpractice, and slip & fall accidents.
  • Product Defects. When a product defect caused injury to those who use it, the designer, manufacturer, or distributor may be able to be held liable for their part in causing the injury.
  • Defamation. A personal injury lawsuit can be suitable when untrue statements cause damage to one’s reputation.
  • Intentional Injury. In cases such as assault & battery or sexual assault where injury is intentional, a personal injury lawsuit can help victims recover compensation for the injustices they’ve suffered.

Types of Damages Recovered in Personal Injury Cases

Compensation for damages in a personal injury lawsuit can be extensive & can include: medical expenses, physical damages, emotional damages, loss of affection, lost income or work opportunities, and possibly punitive damages.

Whether you were involved in a car accident, motorcycle accident, or even an accident with Uber or Lyft, Heidari Law Group goes above and beyond in ensuring all clients receive the very best experience from beginning to end. Common California personal injury cases that we handle:

Key Factors in Personal Injury Cases

The biggest determining factors in how much compensation can be recovered are how the accident occurred and the severity of the injury.

  • Circumstances of the accident – To be a viable personal injury case, it must be able to be proved that the accident or event that caused the injury was done in negligence or intentionally. Just because someone fell in a store and broke their arm does not mean the store is liable for the injury simply because it occurred on their premises, but the store had to have committed some wrongdoing or acted in a negligent way that caused the injury for there to be a foundation for a personal injury lawsuit.
  • The severity of injuries resulting from the accident – This is often the most important factor in determining how much can be recovered for a personal injury case, but there does need to be actual financial damage or an injury that occurred, a case cannot be built around potential damage that could have happened at the hands of another’s negligence. For example, there may be huge potholes in a road that could cause serious injury if someone were to drive over them at speed, but if no one experiences a crash or is injured because of the potholes, there are no damages that a personal injury lawyer can go after compensation for.

Why You Should Hire a Personal Injury Attorney

Hiring an attorney to help you with a personal injury case has a few distinct advantages.

  • Larger average settlements. When a plaintiff represents themselves in a personal injury case, many studies have shown that they are only able to collect about 1/3 compared to what they could have been able to recover with an experienced personal injury attorney building their case.
  • Secondary investigation. Personal injury law firms often have a dedicated team of investigators that they can rely on to help reconstruct an accident & determine who is at fault when the cause is disputed. We’ve seen this tactic be extremely useful in disputed personal injury cases that our team has handled over the years.
  • Multiple parties are involved. If you have to deal with fighting multiple insurance companies in your case, a lawyer can help you build a strong argument supported by evidence that can give you a better chance of winning the case in the end.
  • Insurance companies are acting in bad faith. Bad faith insurance cases are quite common as many insurers may believe that they can strong-arm their policyholders and that the insured does not know how to respond to recover the funds they are entitled to. An experienced California personal injury attorney can help you secure a fair settlement from the insurance company.

Get in Touch with a Personal Injury Lawyer Today

If you are ever in need of a well-established team that focuses on personal injury than Heidari Law Group is the right firm for you. Don’t wait until it’s too late to get the proper compensation. Call Heidari Law Group today at 1-833-CALL-HLG (1-833-​225-5454) or send us an email at [email protected] to get started.

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