Being injured can be a challenging and life-altering event. Not only is there physical pain and emotional anguish involved, but there may also be mounting medical bills, lost income, and decreased quality of life. Fortunately, the law provides those who have been hurt due to someone else’s negligence or recklessness with the opportunity to pursue compensation for their damages. If you or somebody close to you has suffered an injury, it is important to know your legal rights and options so you can receive the help you need. Contact our accident attorneys in Lancaster today to schedule a free consultation.
Why Choose Rodriguez and Associates For Your Personal Injury Claim?
Finding the right lawyer to represent you in a personal injury case can be a daunting task–you’re looking for someone who has experience, expertise, and a proven track record. That’s why our law firm is the perfect choice for your representation.
- Our team of experienced attorneys has a track record of success, with over 100 years of combined experience and some of the highest personal injury verdicts in Kern County history.
- We have achieved successful settlements and verdicts in 95 or 96 percent of our cases – when you choose us, you know that we will do everything possible to get the best outcome for your situation.
- We strive to maintain open communication with our clients, so you can always reach out to have a conversation with your lawyer and stay informed on the progress of your case.
If you’re looking for an experienced and award-winning personal injury law firm, look no further. Contact Rodriguez and Associates to schedule a free consultation.
What Is Personal Injury Law?
Personal injury law exists to assist people who suffer harm due to the carelessness or negligence of others can receive justice and compensation, making them whole again. It’s a form of justice that helps restore balance and provide peace of mind for those suffering from physical, emotional, and financial losses incurred as a result of someone else’s mistake.
How Much Does a Lancaster Personal Injury Attorney Charge?
At Rodriguez & Associates, we handle personal injury cases on a contingency fee basis. You pay nothing upfront, and our fee comes from a percentage of your settlement or verdict only if we win. This arrangement lets you get strong legal representation without worrying about how to pay for it while you are out of work or covering medical bills.
How Long Do I Have to File a Personal Injury Claim?
In California, individuals who have been injured due to another person’s negligence have two years from the date of the incident to file a civil lawsuit. If you fail to file your claim within this time period, you will be barred from doing so and won’t be able to recover compensation for your injuries.
California Statute of Limitations Exceptions
It’s important to note that there are some exceptions that may extend or shorten this period. Some of the most common exceptions include:
The Discovery Rule
In some cases, the two-year time limit may be extended due to something called “The Discovery Rule.” This rule allows victims an additional two years from the date of discovery (or from the date the injury should have reasonably been discovered) of an injury to file their claim in court.
Claims Against Government Entities
Generally speaking, injury claims filed against government entities in California have a six-month statute of limitations period—an extremely short window compared to other injury cases. For this reason, it is strongly recommended that victims contact legal counsel as soon as possible if they suspect that the responsible party is a government entity.
The Defendant Leaves the State
If the defendant leaves California or otherwise cannot be found within state boundaries, this could extend the statute of limitations. In these cases, the timeline does not include the time in which the defendant is out of state.
Minor Victims
Minor victims involved in accidents will have up to two years from their 18th birthday to file a claim. This extended period of time gives these individuals the opportunity to seek justice for their injuries, regardless of when the accident occurred
Personal Injury Damages: Medical Bills, Lost Income, and Pain and Suffering
Personal injury damages fall into two categories. Economic damages cover losses with a clear dollar amount, such as hospital bills, lost wages, property damage, and reduced earning potential. They can also include future costs, like additional surgeries or a reduced ability to earn a living. Non-economic damages compensate you for the pain and suffering you experienced, including permanent disability, emotional distress, and the loss of activities you once enjoyed.
What You’ll Need to Prove to Win Compensation for Your Injuries
In a civil case, the burden of proof is lower than in a criminal trial. You must show your claim is true by a preponderance of the evidence, meaning it is more likely true than not. To meet that standard, you will need to demonstrate that:
- The at-fault party had a legal obligation to act carefully toward you.
- They failed to meet that obligation.
- Their failure caused your injuries.
- You suffered measurable damages as a result.
Evidence such as accident reports, medical records, and surveillance footage can help establish each point. For example, a police report may note that the other driver was cited for running a red light, which supports the conclusion that they failed to exercise due care. Medical records documenting your injuries on the day of the crash directly link your harm to the accident, making it harder for an insurer to argue that something else caused it.
What Happens When You File a Personal Injury Lawsuit in Lancaster?
While every case moves at its own pace, most Lancaster personal injury lawsuits follow a similar path:
- Initial Investigation: Before filing, your attorney gathers records, interviews witnesses, reviews insurance policies, and identifies every party who may share responsibility for your injuries.
- Filing and Service: Your attorney files a complaint in court outlining your claims and damages, then formally serves the defendant, who has 30 days to respond.
- Discovery: Both sides exchange information through written questions, document requests, and depositions, which are interviews recorded under oath
- Mediation or Settlement Talks: Both sides may negotiate for a settlement before trial. Many cases resolve at this stage, and you always have the final say on whether to accept an offer.
- Trial: If no fair agreement is reached, both sides present evidence and witness testimony, and a judge or jury decides who is at fault and how much compensation you should receive.
Common Types of Personal Injury Claims
Knowing about the different types of personal injury claims is important for understanding your legal options and what kind of compensation you may be eligible for. Here’s a look at some of the most common types of personal injury claims.
Slip & Fall Accidents
Slip and fall accidents can occur anywhere. Property owners are responsible for providing safeguards against dangerous conditions that could lead to slips, trips, and falls. This includes cleaning up spills quickly and properly, ensuring that all handrails and steps are safe, and placing warning signs near slippery areas. If they fail to do this and someone is injured on their property, the victim could be entitled to compensation.
Car Accidents
Car accidents can have devastating consequences and can cause life-altering injuries. Having a skilled lawyer on your side can help you gather all the evidence needed to make a successful claim and get the maximum amount of compensation possible.
Catastrophic Injuries
Catastrophic injuries are any type of injury that results in long-term disability or disfigurement due to severe trauma or loss of body parts or functions. These types of injuries usually require intensive medical care with long recovery times and often result in permanent disability and lifestyle changes for victims and their families.
Product Liability Claims
Product liability claims are an important area of law when it comes to protecting consumers from dangerous and defective products. Manufacturers and sellers can be held liable for any harm that their products cause due to flaws or defects in the products they make or sell.
This includes design defects, manufacturing defects, inadequate warnings or instructions, and other issues that could lead to serious injury or death. It is important for consumers to understand their rights when it comes to product liability so they can seek justice if harmed by a defective product.
Wrongful Death
Wrongful death occurs when someone dies due to another person’s negligence or intentional wrongdoing. These types of cases are complex and require extensive knowledge regarding wrongful death laws to succeed in court.
Reach Out to Rodriguez & Associates for a Free Personal Injury Case Evaluation
If you were hurt in Lancaster, Rodriguez & Associates will fight for your future. Our Lancaster personal injury attorneys will handle every step of your claim so you can focus on recovery. Complete our online contact form, or call or text us at (661) 777-7575 to schedule your free case evaluation.