An unexpected injury can disrupt every aspect of your life. In addition to the physical pain and emotional suffering, injuries can be extremely expensive. You should not bear the cost of someone else’s carelessness or recklessness. That’s why you should consider contacting a Los Angeles personal injury lawyer when you or someone close to you is injured in an accident.
A seasoned attorney with Phillips Law Group can investigate the situation, identify the parties responsible, and ensure those parties pay for their part in your injury. You could receive reimbursement for your expenses and lost income, plus compensation for your pain and suffering.
Prompt Action Is Essential
Anyone who suffers injuries in an accident should consult with a Los Angeles attorney as quickly as possible after the incident. The California Code of Civil Procedure §335.1 requires an injured person to file a lawsuit within two years of the incident that caused them harm. Although two years may seem like plenty of time, a case is generally stronger when a legal professional can begin collecting evidence soon after the event.
Delayed Injury Discovery
Sometimes, it is not immediately clear that an injury has occurred. This is often the case when someone suffers harm due to exposure to a dangerous medication or toxic substance. When discovery of an injury is delayed, an injured person has one year from the date of discovery to file a lawsuit.
Injuries for Minors
When a child is hurt, they cannot bring legal action until they are 18. The law allows them two years from their 18th birthday to file a lawsuit, but the wiser and more effective strategy is for their parents to bring an action on the child’s behalf. That way, the case proceeds while witnesses and others are available and evidence is fresh.
Actions Against the Government
State or local government agencies can sometimes be held liable in accident claims. For example, a local government might be responsible for injuries someone suffered in a city bus accident or a fall in a state office building. However, in such cases, the injured person must make formal notice of claim within six months of the injury or lose their right to sue.
Tolling of the Statute of Limitations
There are some events that “toll” the statute of limitations, which means the clock stops ticking for a period. For example, when the responsible party—the defendant—leaves the state, the statute of limitations tolls while they are out of the jurisdiction. It is always worthwhile to speak with an attorney to find out whether the time to bring an injury lawsuit has expired, because a tolling event might have extended the timeframe to sue.
Proving Someone Else Liable for an Accident
In most cases, an injured person must prove another party’s conduct was negligent to collect compensation, or damages. Negligence occurs when there is a failure to use an appropriate degree of caution to avoid harm to others and that failure directly causes someone else to experience losses.
Proof of negligence depends on the situation. In a vehicle accident case, any violation of safety laws is evidence of negligence. When the accident involves a commercial truck, bus, or other common carrier, the common carrier has a heightened duty to protect others, and any deviation from best practices could be evidence of negligence. If the case involves an injury sustained on someone else’s property, the injured person must prove that the property owner had notice of the hazardous condition and failed to repair it within a reasonable time or post a warning. A skilled lawyer in the Los Angeles area can gather evidence and help prove someone’s negligence was the direct cause of an injury.
Sometimes, an injured person does not need to prove negligence. When someone sustains an injury due to a malfunctioning product or dangerous medication, they need to prove that the product was defective in its design, manufacture, or labeling, but they do not have to show the manufacturer was negligent. Similarly, when someone suffers injuries from a dog attack, the owner of the animal is liable even when they were not negligent in handling their dog.
Speak With a Los Angeles Attorney Soon After an Injury
When you sustain injuries in an accident, get legal advice as soon as possible. A Los Angeles personal injury lawyer with Phillips Law Group can explain your legal options and pursue a case for compensation after a free consultation. Most importantly, they will protect your rights and offer support and guidance throughout the process.
Work with a legal team that has been obtaining excellent results for injured people for decades. Please reach out today to learn more.
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