People hurt because of another party’s negligence should not bear the financial burden of their injuries alone. The law makes negligent parties responsible for the losses someone suffers because of the negligent party’s conduct.
Reach out to a tenacious attorney today to learn about your legal alternatives after an accident. Depending on the nature of the incident and the identity of the potentially liable parties, your time to act could be short. However, our dedicated Fowler personal injury lawyers can review your situation and take all necessary steps to preserve your rights.
When to Hire a Personal Injury Representative
Injury attorneys represent people who get hurt in accidents that result at least partially from another party’s negligence. These situations could arise in various contexts, including, but not limited to:
- Motor vehicle accidents
- Fires in homes, office buildings, hotels, and other venues
- Swimming pool incidents
- Daycare, school, playgrounds, and recreational facilities accidents
- Slips or trips and falls in public spaces or businesses
- Medical negligence
- Sports incidents
- Defective product injuries
A skilled injury attorney in Fowler also represents people who sustain dog bites, become ill due to toxic exposure, suffer a workplace injury caused by a third party, or are victims of nursing home abuse.
Almost all accidents stem from another party’s negligence. However, even if an injured person is partially responsible for an incident, they can typically recover compensation.
Injury Claim Time Limits
Statutes of limitations define the timeframes for bringing lawsuits. An adult in this state has two years from the injury date to file a lawsuit seeking damages. When a minor sustains an injury, they must file a lawsuit within two years of their 18th birthday. However, in many cases, it is advantageous for a parent to bring a lawsuit on the minor’s behalf before their 18th birthday. A seasoned attorney in Fowler can explain the applicable time frame for a parent to initiate a case on a child’s behalf.
Limits for Medical Malpractice Actions
If a patient has an injury claim against a medical professional, they must act swiftly. California Code of Civil Procedure §340.5 allows a person who suffered an injury due to medical malpractice one year from the date of injury to file a lawsuit.
If the injury is not immediately apparent, the patient may sue within one year from the date they discovered their harm. However, if more than three years have passed since the medical injury or error, the patient may lose the right to pursue their claim in court. An exception exists if a healthcare provider leaves an object like an instrument or sponge in the patient’s body. In these cases, a patient could sue within one year of discovering the foreign body.
Limits if the State or Local Government has Liability
A government entity has potential liability in a surprising number of injury lawsuits. Common circumstances include:
- Vehicle accidents involving city buses, school buses, or public employees
- Injuries that occur on government-owned property
- Medical malpractice at a hospital that is owned or operated by a city, county, or the state
- Accidents caused by poor road design, inadequate road maintenance, or malfunctioning traffic control devices
A skilled lawyer in Fowler will review the circumstances of an incident to determine whether the state or a local government might have responsibility. In such cases, injured people usually must file a notice of claim within six months or lose their right to sue. If the government rejects the claim, the claimant has six months from the date of the rejection to file a lawsuit.
Why Work with an Attorney on an Injury Claim?
Sometimes, people are reluctant to consult an attorney about an injury case. For example, injured victims might feel that turning a simple insurance claim into a legal matter would lead to unnecessary complications or delay a settlement. Likewise, if they have a cordial relationship with the negligent party, an injured person might be concerned that bringing a legal case could cause hard feelings.
Insurance companies are for-profit businesses and only pay out what they must for claims, meaning injured people representing themselves in negotiations are unlikely to receive a fair offer. However, insurers tend to engage in good-faith negotiations sooner and offer a reasonable settlement more often when a Fowler attorney handles negotiations.
When an injured person and the negligent party have a personal relationship, using a legal professional to manage the claim can help preserve the relationship rather than damage it. Turning the matter over to professionals keeps it a business transaction rather than a personal matter.
Trust a Fowler Attorney to Handle Your Injury Claim
Suffering injuries in an accident could cause you pain, inconvenience, and other losses. Fortunately, the parties responsible for causing those losses should pay compensation.
A Fowler personal injury lawyer will assess the circumstances and explain your legal options. Reach out quickly after an accident to discuss your situation with our knowledgeable and energetic legal professionals.