When you are injured because of someone’s reckless or willful disregard for the safety of others, you may be able to pursue a legal claim against them. That said, every personal injury case is different. Working with an attorney who possesses a broad range of experience in these legal matters is crucial.
Our Milpitas personal injury lawyers examine the facts of your case to determine what evidence could benefit your case. Our dedicated attorneys can explain your legal options and help you pursue the most effective course of action to get you the compensation you deserve.
What Are Common Personal Injury Laws?
Most personal injury claims in Milpitas revolve around circumstances where someone’s negligence led to multiple people’s injuries. Car accidents, medical malpractice, truck accidents, motorcycle accidents, animal attacks, dangerous or defective products, or slip and falls commonly give rise to personal injury claims. As such, liability in personal injury claims varies—often falling on one person or an entire company.
The injured plaintiff must prove four factors to recover compensation. The first factor is a duty of care. For example, a driver is responsible for operating their vehicle with reasonable care to avoid causing injury to others.
The second factor is a breach of that duty. When drivers do not operate their vehicles safely, whether because they are speeding, texting, or engaging in other dangerous behaviors, they might violate a duty of care.
The final two factors required to prove negligence are causation and damages. In the case of a careless motorist, the at-fault driver’s actions must not only have been the direct cause of the injuries sustained by the victim or victims involved (i.e., the driver was speeding and caused a crash) but must also have resulted in substantial damages. A diligent attorney in Milpitas can evaluate a personal injury claim to assess what party or parties are legally responsible as well as recoverable compensation.
How to File a Personal Injury Claim in Milpitas
Contacting a Milpitas attorney after suffering a serious personal injury is crucial. California law imposes strict time limits on personal injury claims. Most cases must be filed within two years of the date of the underlying incident.
One notable exception is medical malpractice cases, which carry a statute of limitations up to three years from the injury. Still, cutting it too close with the filing window could mean that victims risk losing out on compensation they may otherwise have been entitled to. Available compensation could include past and future medical bills, pain, suffering, or lost wages.
A seasoned attorney can also present relevant evidence to build a compelling case to recover the victim’s damages. Evidence could range from medical records to photos, video footage, witness statements, and expert testimony.
Reach Out to a Talented Personal Injury Attorney in Milpitas Today for Help With Your Case
Knowing where to start or what to do after suffering a serious personal injury can feel daunting. Our attorneys understand how to fight against insurance companies attempting to devalue or dismiss claims.
A Milpitas personal injury lawyer can zealously fight for every penny on your behalf while giving your case the undivided attention it deserves. Call us now to schedule your confidential case evaluation with a personal injury attorney.