Looking for a personal injury lawyer that will fight to get you the most compensation possible for your injuries?
At My Rights Law, our personal injury lawyers are devoted to helping victims and their families get maximum compensation and justice in personal injury and wrongful death lawsuits and related insurance claims. Someone’s negligence (carelessness) could have caused you or a loved one to suffer devastating injuries or even death, whether through a motor vehicle accident, on a property, by a product, or by some other unfortunate circumstance. Our compassionate injury lawyers understand the pain and grief our clients and their families suffer in personal injury and wrongful death cases. We know how insurance companies try to avoid responsibility or pay less than they owe to resolve these most serious matters. Fortunately, we also know what it takes to hold negligent parties liable and how to go up against greedy insurance companies to get you or your loved one a proper resolution. For a free case evaluation, contact My Rights Law by calling (888) 702-8882 or contacting us online today.
Making The Responsible Parties Pay
The personal injury attorneys at My Rights Law are focused on helping personal injury clients and their families get the best resolution to their situation. With your consultation, we will thoroughly evaluate your situation and advise you about possible legal solutions. Most individuals’ claims are pursued on a contingency fee basis. This means that attorney’s fees are not charged to you without you obtaining a recovery in your matter. You don’t want to hire just any lawyers or law firm to resolve your issue if you have been involved in a car accident or other personal injury case. In order to get help from My Rights Law’s personal injury lawyers, give us a call at phone number (888) 702-8882, or feel free to leave us a message on our contact form, and we will get in touch with you promptly.
A personal injury lawsuit involves your attempt to receive compensation when you are injured by another person or entity. A personal injury lawsuit may also come about through someone’s failure to do something when they have a legal duty to do so, and their failure to act results in your injury. So, if someone does something bad to you, and you get injured because of this, then you could probably sue them. If someone doesn’t do something that they are supposed to do, and you get injured because of this, then you could probably sue them.
In personal injury lawsuits, you typically must prove that your injuries were caused by someone’s careless, reckless or intentional actions. However, in some cases, you don’t need to prove that the person who injured you acted unreasonably or had intended to harm you. However, with all personal injury lawsuits, in order for you to get paid, there has to be someone you can pin the blame on.
When you take a personal injury case to trial, this means that a judge or jury will be responsible for determining if the person you sued (the defendant) had indeed injured you. If so, they could be held civilly liable (legally responsible). This differs from a criminal case in that the defendant will not go to jail but instead might be ordered by the court to compensate you – the plaintiff – for your injuries. Notably, most personal injury cases settle before trial, which means that the defendant agrees to compensate you without admitting that they are liable.
Lots of personal injury cases involve the term negligence because negligence often determines whether the defendant is liable for your injuries. Basically, someone is negligent when they fail to exercise a duty of care towards you, and their lack of care causes you harm. A person violates their duty of care to you when their actions are unlike how a reasonable person would act under the same circumstances. So, a common case of negligence looks like this:
Someone owed you a duty of care.
They breached that duty of care.
They injured you as a result of their carelessness.
As an example, someone may be negligent if they cause your injury when they are texting while driving. Because we know that distracted driving can lead to accidents, texting while driving is both illegal and not something that a reasonable person does. So, if someone acts reasonably towards you but still causes your injury, then they might not be negligent. But if they are not careful and injure you as a result, then you might have a basis to sue them for their negligence.
Intentional Or Reckless Behavior
Not all personal injury cases arise out of negligent behavior. Some of the more extreme cases involve someone’s intentional or reckless conduct. As an example, you are in the parking lot of a football stadium after your team just beat the opposing team. Someone who is a big fan of the opposing team thinks that you are gloating. In a fit of rage, they repeatedly smash your legs with a tire iron, causing you permanent damage. While their actions could result in criminal charges being brought against them, this does not get you paid. If you want to get paid for someone smashing your legs, then you have to file a civil lawsuit against them. In this type of case, you would allege that the defendant intentionally smashed your legs, causing you permanent damage (e.g., aggravated battery).
Recklessness is similar to negligence but worse. Recklessness usually involves someone’s complete disregard for your safety. As an example, someone buys a new Corvette and wants to test it out on State Route 1, so they decide to blow down the highway at 120 miles per hour. By blowing down the highway, they crash into your car, causing you life-threatening injuries and destroying your car. Their behavior in this scenario goes way beyond carelessness – it is downright reckless. Compare this scenario with someone who mistakenly hits your car while driving slightly over the speed limit, which suggests that the driver was negligent – not necessarily reckless.
Fortunately, in most personal injury cases, for you to be compensated, you don’t need to prove that someone who injured you had acted recklessly or intentionally. Proving that they were negligent often suffices. In fact, in some personal injury cases, you don’t even need to show that the defendant acted carelessly because it is already presumed.
Common Personal Injury Cases
Motor Vehicle Accidents
Motor vehicle accidents are by far the most common personal injury cases in California. Typically, the driver’s negligent or reckless act causes a collision, resulting in your injuries. Because auto accidents are a reality of driving, your state’s laws might require that all drivers carry car insurance (or proof of financial responsibility). So, if the person who injured you has insurance, then you could receive compensation from their insurance company for your injuries. However, even if the driver has insurance, their state-minimum coverage may not cover all of your damages. Another unfortunate reality is that some insurance companies don’t want to pay up for various reasons. In those situations, it may be necessary for you to bring in an experienced personal injury attorney to take on the insurance company and to sue the driver personally in hopes of getting you paid.
Types of Motor Vehicle Accident Injury Claims
Car Accident Injuries — When a car accident occurs, the law obligates the at-fault driver to compensate the injured driver for injuries, damages, and losses. If you’ve suffered any bodily harm in a car accident, you can recover compensation through a personal injury lawsuit or insurance claim.
Truck Accident Injuries — If you are injured by a truck, you can potentially bring a claim against the truck driver, the trucking company that hired the driver, and the truck’s manufacturer, all of whom can be liable for negligence.
Pedestrian Accident Injuries — As a pedestrian, drivers might harm you regardless of whether you’re in the crosswalk or on the sidewalk. If you’re injured because a driver was negligent, you can bring a claim against them to recover damages.
Motorcycle Accident Injuries — If injured while riding your motorcycle, you can seek compensation by filing a claim against the at-fault party (e.g. a careless motorist who slammed into you; the city for failing to maintain safe road conditions).
Bus Accident Injuries — If injured by a bus, you can bring a claim against the bus driver, the bus’s manufacturer, or—if it was a school—the school district, to seek compensation for your injuries.
Drunk Driving Accident Injuries — A person is negligent when operating a vehicle while impaired. You can sue a drunk driver for any damages you incurred because of their negligence.
Fatal Car Accidents — There are many causes for fatal car crashes, such as drunk driving, texting while driving, and distracted driving. If your loved one died from a car crash caused by someone’s negligence, you could potentially file a wrongful death lawsuit to obtain compensation and justice.
Hit And Run Accident Injuries — A hit and run occurs when a driver hits you and keeps going without providing identifying information or checking on your wellbeing. You can file a civil suit against the driver if they can be identified. You also might be able to file an insurance claim depending on your coverage.
Passenger Injuries — Drivers owe their passengers a duty of care. They must safely operate the vehicle to avoid harming you as a passenger. If a driver falls short of this duty and you’re injured as a result, you can file a negligence claim against them.
Rideshare Accident Injuries — If you’re injured while in a rideshare vehicle, you may have a claim against the rideshare company, the driver, and other at-fault drivers. Rideshare companies like Uber and Lyft have unique insurance protections that may apply to your rideshare accident case.
Uninsured Motorist Claims — As a driver, you should have uninsured motorist coverage so that you are protected if injured by a motorist who doesn’t have insurance. If an uninsured motorist injures you and you don’t have UM or UIM coverage, you may face difficulties obtaining a financial recovery.
Other Transportation-Related Injuries
Bicycle Accident Injuries — If you’re injured while riding a bicycle, this could be the fault of a driver, pedestrian, or even another cyclist. You may be able to sue them for negligence. The bicycle’s manufacturer could also be sued for any defective design that contributed to the accident.
Boating Accident Injuries — If you’re injured while on someone’s boat as a passenger or while operating a boat, you might be able to sue. A boat operator is responsible for properly maintaining the boat and acting reasonably to prevent its passengers from suffering harm. Moreover, a boat manufacturer could be made liable for failing to have adequate safety warnings or for a defective boat.
Electric Scooter Accident Injuries — If the driver of a motor vehicle injures you while you are riding an electric scooter, you could potentially sue them for negligence. Careless pedestrians could also be liable for causing electric scooter accidents.
Aviation Accident Injuries — Airlines may be liable for any injuries or damages you sustained while flying if they failed to maintain the plane or helicopter or negligently hired pilots who caused you harm. The pilots could also be personally sued for their actions. And in some incidents, the plane manufacturer might be liable for making a defective or unsafe plane.
Train Accident Injuries — Train companies may be liable for any injuries or damages you sustain while onboard if they fail to maintain the train or negligently hire employees who cause you harm. The conductor of the train could also be sued for negligence.
What Are Catastrophic Injuries?
Catastrophic Injuries —A catastrophic injury is one that is so terrible that it entirely devastates a person’s life. It’s difficult to deal with a major personal injury caused by someone else’s carelessness. However, a catastrophic injury is a legal phrase that denotes an injury that is so severe that it will most likely affect the afflicted person for the rest of their lives. A “catastrophic” injury is one that will require extensive continuing medical treatment and will usually preclude the victim from engaging in any type of serious, meaningful employment. Due to these financial difficulties, having the proper lawyer battle for you (the victim) and your family is critical.
Types of Catastrophic Injury Claims
Brain (TBI) Injuries — A traumatic brain injury can occur from any number of personal injury events, such as a slip and fall, assault, or car accident. Once this happens, the regular functions of your brain are temporarily or permanently damaged.
Spinal Cord Injuries — Spinal cord injuries can cause paralysis when you no longer have control over your muscle movements.
Burn Injuries — Burn incidents can cause permanent scarring, disfigurement, or mental anguish. Burn injuries could occur from motor vehicle accidents, property-related fires and explosions, and the use of malfunctioning products.
Amputation Injuries — Amputation involves losing a body part (e.g. arm, leg, toe, finger). While amputations could result from accidents (e.g. a horrific car accident), they could also result from medical malpractice.
Eye Injuries — Injuries to the eye don’t just cause intense pain but can lead to permanent vision loss and even blindness. Eye injuries could include scratches, punctures, and bruises resulting from an accident.
Wrongful Death – If someone unreasonably causes your death, then your family could sue them to obtain compensation and justice. Your state’s laws might allow for these personal injury actions if someone carelessly causes your death – the killer doesn’t need to act recklessly or intentionally to be liable. However, only a select group of people may be eligible to file wrongful death claims. Unfortunately, some states do not allow for punitive damages in wrongful death claims. This means that if the killer acted outrageously, the court doesn’t require the killer to pay your family extra compensation. Of course, if they acted outrageously, then they could be locked up for a long time on one or more felony convictions.
What Are Serious Injuries?
Serious Injuries — Serious Injuries are considered injuries that can be severe, however, a full recovery is expected. You still may be entitled to receive compensation if the injury was due to someone else’s negligence.
Types of Serious Injury Claims
Neck Injuries — Neck sprains, neck fractures, pinched nerves, and whiplash injuries frequently result from motor vehicle accidents.
Back Injuries — Back injuries can include a sprain, fracture, or dislocation to the spinal cord.
Head Injuries — A head injury involves injuries to the brain, skull, scalp, and the underlying tissue and blood vessels in the head (e.g. skull fracture).
Concussion Injuries — A concussion is a mild traumatic brain injury resulting from a sharp blow to the head. If you’ve been in an accident that left you with a concussion, you may be able to sue the at-fault party for damages.
Hand Injuries — Hand injuries could include lacerations, fractures, sprains, and burns.
Broken Bone Injuries —This could include the fracture of your femur, spine, skull, rib, hip, ankle, pelvis, elbow, or tailbone.
Gunshot Accident Injuries — If a negligent gun owner injures you in an accidental shooting, you may file a negligence claim against the shooter and potentially the owner of the property where someone shot you.
What Are Premises Liability Injuries?
Premises Liability Injuries — Premises liability injuries include slip, trip and fall accidents, dog bites, swimming pool accidents, deck and balcony collapse injuries, elevator and escalator injuries, inadequate property maintenance and inadequate property security.
A slip, trip and fall case typically involves you slipping or tripping, falling, and suffering an injury on another person’s property. These types of cases typically involve falls that are caused by ice or other hazardous conditions. Namely, property owners and others who are responsible for maintaining the property are required to keep it safe so that it will not cause you harm. Because of this legal requirement, their failure to keep their property safe may render them negligent and liable for any injuries that you sustain on their property. Many property owners carry property insurance to cover these lawsuits, protecting them from paying out-of-pocket for your injuries. Unfortunately, their property insurance carrier might not fully compensate you for various reasons. Because of this, in order for you to be made whole, you might have to bring in a personal injury lawyer to go up against the insurance company and to file a personal injury lawsuit against the property owner if need be.
Dog bite injuries result in a lot of personal injury lawsuits. Most states have a strict liability standard when it comes to dog bites. Basically, strict liability means that the owner of the dog is liable to you if their dog bites you through no fault of your own, period. The owner cannot avoid liability by claiming that they were unaware of their dog’s propensity to bite or that their dog never bit anyone in the past. However, if their dog bites you because you provoked it or had trespassed on the owner’s property, then you might not be successful in this type of lawsuit. Otherwise, the owner’s property insurance policy may cover you for your injuries. Still, not all property owners carry insurance, and many dog bites occur in parks or other public places where property insurance may not apply. For this reason, if you are bitten by a dog, it may be necessary to bite back via bringing a personal injury lawsuit against the dog’s owner.
Types of Premises Liability Claims
Slip And Fall Injuries — When you slip and fall on someone else’s property, the property owner may be at fault for either failing to keep the property safe or warn you of dangers. You could hold the property owner liable for your slip and fall injury in a premises liability claim.
Deck And Balcony Collapse Injuries — A property owner must take reasonable care of their property, including repairing it or warning you about safety hazards. If you’re injured by a property owner’s deck or balcony collapsing, you likely have a premises liability claim.
Dog Bite Injuries — You could sue someone if their dog harms you while you are in a public place or a private place that you have permission to be in at the time of the injury.
Landlord-Tenant — The law requires landlords to maintain habitable and safe dwellings for their tenants. Tenants can sue their landlord for injuries caused by the landlord’s failure to make proper repairs or warn about dangers on the property, among other things. A landlord could also be liable for careless or reckless actions by others on the property who injure you.
What Are Assault And Abuse Injuries?
Types of Assault And Abuse Claims
Assault Injuries — An assault occurs when someone threatens to harm you (e.g. someone points a loaded gun at you and makes you believe that they will kill you).
Battery Injuries — A battery occurs when someone willfully uses force or violence against you (e.g. someone strikes you with a bat).
Sexual Abuse — Sexual abuse occurs when someone intentionally touches you in intimate bodily places for arousal without your consent.
Clergy Abuse — Clergy abuse typically involves an illicit, sexual relationship between a clergyperson (e.g. religious leader) and a congregant, implying an abuse of power.
Child Injuries — When someone, such as a parent, inflicts serious bodily injury onto a child (e.g. broken bones, neglect), they can suffer criminal consequences and be sued by the child in a civil case.
Elderly Abuse — Elderly abuse often occurs when an elder is subjected to physical, mental, or financial abuse. Because of their age and vulnerabilities, elders are sometimes neglected and exploited by caregivers and others. It is also elderly abuse if someone creates the circumstances for the abuse to occur or fails to prevent it.
Nursing Home Abuse — Nursing home abuse can occur through neglect, intentional misconduct, and inflicting any sexual, physical, mental, or emotional pain against an elder who is in the nursing home facility’s care.
Unpaid Hours and Wages — If your employer has taken advantage of you in any way, you may be entitled to take legal action against them in the form of a wage and hour lawsuit or another type of employment claim.
Filing A Personal Injury Lawsuit When You Have Been Injured
You can file a personal injury lawsuit if the person who causes your injuries (or their insurance company) refuses to pay you what you deserve. Many personal injury cases start off with your attorney filing a demand letter against those who are responsible for injuring you. That letter warns the seemingly at-fault person that they caused your injuries and are legally required to compensate you as a result. If your demand for compensation is not met, then your attorney usually files a lawsuit against them.
In the lawsuit, your attorney aims to acquire as much evidence as possible to strengthen your case. They will typically depend on the cooperation of eyewitnesses, expert witnesses, and others with knowledge of your situation. Your personal injury lawsuit may take a while to unfold, especially if your case goes all the way to trial. Once you are in trial, your attorney will argue your case before a judge or jury, who ultimately determines if, more likely than not, the person you sued is liable, and if so, how much compensation you should be provided. To avoid long, drawn-out litigation and the risk of losing at trial, you might do what many personal injury victims do: settle your case if the terms are right.
Damages = Compensation
In order for you to be compensated for the harm that you have suffered by someone else, you must seek damages from them. Basically, compensatory damages are a remedy that takes the form of financial compensation. There are several types of damages that could apply in your personal injury case. A few examples include:
Physical Pain And Suffering
Loss Of Income
Los Of Companionship
There are generally two categories of damages in a lawsuit: economic damages and noneconomic damages. Basically, economic damages are objectively verifiable. This includes medical expenses that you incur because of treating your injury. It includes your cost of repairing or replacing the property or your lost wages from being out of work. Noneconomic damages are subjective and harder to verify. This includes things like physical pain and suffering, emotional distress, and loss of companionship.
Punitive damages are meant to punish the person who injured you for especially bad conduct. Some states permit the recovery of punitive damages in only a select number of cases. Keep in mind that with compensatory damages, you only have to prove that the defendant is more likely than not liable for causing your injuries. With punitive damages, you have to prove that the defendant clearly acted with malice, oppression, or fraud. For this reason, it is harder to obtain punitive damages.
It is also important to note that if you are partially responsible for your injuries, then the amount of damages that you receive may be reduced based on your amount of fault if comparative negligence laws exist. For example, if you are 15% to blame for the accident, and the other person is 85% to blame, you would get 85% of the damages.
Statute Of Limitations
All states limit the time in which you can file a personal injury lawsuit to recover damages for the injuries that you have suffered. A statute of limitations concerns the amount of time that you have to file your personal injury lawsuit. Typically, you will have a short period from the date of your injury to sue. However, you might not immediately be aware of your injury. In these situations, when you discover your injury, you have up to one year to file suit. It is important to note that if you refuse to see a physician, or if you fail to investigate injuries that you may have suffered, then this could harm your case, so don’t delay. The more evidence of your harm, the better.
Frequently Asked Questions About Personal Injury Claims
What Should I Do If I Have Been Injured By Someone?
If you are one of the car crash victims, then to make the most of your personal injury lawsuit, it makes sense for you to promptly get a free consultation with one or more personal injury attorneys. A case evaluation with a well-informed injury lawyer allows you to determine whether you have a viable claim and how to go about filing a suit. My Rights Law is a personal injury law firm whose objective is to help personal injury victims get the most possible compensation and justice from those who harm them in violation of the law. Our lawyers are here for you when you need us.
How Can A Personal Injury Lawyer Assist Me?
An experienced personal injury lawyer can help injured clients obtain substantial compensation from those who are legally responsible (liable) for causing injuries to those clients. Since personal injury lawyers know about the state’s personal injury laws, and they often bring personal injury lawsuits on behalf of injured victims, they know the right legal process and how to effectively negotiate with defendants and the insurance companies who insure them for a proper resolution. Remember, insurance companies have experienced trial lawyers representing them. You will want to enlist a firm of skilled injury lawyers who can stand up to the insurance companies’ professionals.
A free consultation with a personal injury attorney will enable you to establish whether you have a viable personal injury claim and what you can do to protect your case. The personal injury attorneys at My Rights Law are keen on complex personal injury laws. Our lawyers provide accident victims with a free consultation to enable them to properly gauge their legal options. My Rights Law is not just your average personal injury law firm. We treat clients like family. Our personal injury lawyers fight hard to help every one of our injured clients get compensation and justice. Our clients deserve that.
What Is A Personal Injury?
Personal injury is considered one of the largest practice areas in law. It encompasses various forms of civil lawsuits that victims bring against those who cause them injuries, damages, or losses. Car accidents, slip and falls, dog bites and intentional harms are just a few types of personal injury lawsuits. Personal injury attorneys often represent victims in lawsuits against those who cause them injuries through negligent or deliberate acts.
What Kind Of Compensation Can I Get For Filing A Personal Injury Lawsuit?
By having a personal injury lawyer with a high success rate represent you in your injury claim, you might get several types of compensation to cover medical expenses, pain and suffering, lost wages, and other forms of relief. Some personal injury and wrongful death cases are worth millions of dollars. Even clients’ cases involving less serious injuries and issues could still be settled for significant sums of money depending on the circumstances. Evidence that you have of your personal injury (e.g., video surveillance footage, witness statements) goes towards claim validation purposes. It could affect your compensation. Generally, the insurance company covering the defendant in an insurance claim might offer less money to you initially, but those settlement offers can significantly increase in value with more evidence of the defendant’s misconduct and more evidence of your injuries. Personal injury and car accident lawyers should know how to aggressively negotiate with insurance companies to get you the compensation you deserve. Good personal injury attorneys will demand fair treatment from insurance companies.
If you or your loved one has sustained injuries because of someone’s wrongful acts, you should get in touch with a personal injury attorney who knows about personal injury laws, offers consultations, and is prepared to go the extra mile for their clients in obtaining compensation from the wrongdoer. A free consultation with an attorney can enable personal injury victims to gauge their legal options, including how to get maximum compensation for their injury.
Call My Rights Law – Your Personal Injury Lawyers
The attorneys at My Rights Law are focused on helping personal injury victims financially recover against those who cause them to experience injuries, damage, or other loss. We will carefully analyze your incident, determine who is to blame for your injuries, and vigorously pursue all remedies against those who are responsible for injuring you so that you can get the compensation that you deserve. If you have been injured, then call (888) 702-8882 or contact us online for a free consultation.