Building a Strong Personal Injury Case

The first step in building a strong case in a personal injury matter is realizing that you are the victim of a negligent action that has resulted in either an injury or permanent disability. For those residing in California, the first phase of case may require the review of California Civil Code, Section 1714 to gain a better insight as to how California defines the rights under personal injury statute. The Civil Code declares that “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

As this is a broad definition, it is helpful to remember that personal injuries may be classified as one of many types of cases. The type of injury may also further define the possible extent of legal assistance required and include such categories as:

• Crime and domestic abuse;
• Faulty products;
• Medical negligence;
• Transportation or vehicle accidents;
• Sports-related injuries; and
• Workplace accidents and illnesses.

Once convinced that a personal injury lawsuit may be forthcoming, this may be the opportune time to consult with an experienced California personal injury attorney. By working with a legal professional, one will be able to begin building a strong case within the guidelines of time limits for filing, the amount of compensation available, and the application of fault and liability.

The statute of limitations dictates how much time a claimant has to file an action regarding his or her injuries. For most personal injury cases in California, the limit is two years from the date of the injury. If one fails to reach the courthouse within the two-year time limitation, all chances of the case being heard and the right to compensation may be denied.

Compensation under California law also sets specific limitations on the amount of compensation per personal injury type. California law prevents the majority of uninsured drivers from recovering “noneconomic damages” following a vehicle accident, even if the insured driver was deemed responsible.

For those pursuing a medical negligence claim, California law places a cap of $250,000 on noneconomic damage under the Medical Injury Compensation Reform Act (MICRA).

Personal injury cases can be complex and confusing. The nationally recognized, experienced Monterey personal injury attorneys of Corsiglia, McMahon & Allard, L.L.P. understand how these complexities may even hinder your recovery. Contact our firm at (408) 298-7200 to learn more about our services and to schedule your free consultation today.