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Who can recover damages in a motor vehicle accident?
Anyone who is involved in a motor vehicle accident is entitled
to bring a lawsuit against an at-fault driver, or any other
person or entity who may be at fault.
What damages can I recover in a motor vehicle accident?
The injured person is entitled to recover damages for past
and future medical treatment, past and future wage loss, damages
for pain, suffering and emotional distress, and, if the injured
person can establish bad enough conduct on the part of the
defendant, punitive damages (i.e. damages intended to punish
the defendant). If the injured person dies, his or her survivors
are entitled to recover full compensation for their economic
losses that result from the injured person's death, as well
as monetary damages which stem from the loss of society, care,
and comfort of the decedent.
Who can I sue in an animal bite or animal knock-down case?
If you or any person, whether a minor or adult, has been bitten
or knocked down by an animal who has been improperly or inadequately
leashed or contained. You can sue for injuries or death caused
by an animal bite or knock-down. If you were injured or a
family member was injured or killed by any animal, you can
sue the person who has or should have had control of the animal.
For a person to be responsible they need not be the owner
of the animal. However, an owner who retains some control
over the animal remains liable even if the animal is partly
under the care of others.
What are our rights should my child be injured or killed
while riding his bicycle?
Children, particularly young children, are not held to the
same standard of care for their own safety as adults. Thus,
drivers must be more cautious when they know that children
riding bicycles are in the area. Even if your child was negligent,
you may be able to recover against anyone responsible for
causing the accident, including the driver of the vehicle
that hit your child
Who can be held responsible for a burn injury?
Any person whose negligent or intentional misconduct caused
the injury can be held responsible to the injured plaintiff.
This would include a large list of potential defendants from
vehicle drivers, product manufacturers, construction site
operators, owners of dangerous private or public property
and others.
Can I sue if I am injured or a loved one is killed as a
result of a dangerous condition in somebody's home, or business?
Although premises liability cases are most commonly filed
against businesses such as stores, they can also be filed
against the owner and possessor of a private house or land.
Most homeowners have insurance coverage to provide protection
against injuries or death caused on their property.
What is Elder Abuse?
Elder abuse law in California largely focuses on the "Elder
Abuse and Dependent Adult Civil Protection Act (EADACPA)".
Abuse under an EADACPA claim in a civil action includes "physical
abuse, neglect, fiduciary abuse, abandonment, isolation or
other treatment with resulting physical harm or pain or mental
suffering, the deprivation by a care custodian of goods or
services which are necessary to avoid physical harm or mental
suffering."
What is medical malpractice?
Medical malpractice occurs when a physician fails to provide
appropriate healthcare according to established medical standards
and, as a result of that failure, causes injury to the patient
that otherwise would not have occurred. A physician can make
a medical mistake by doing something that should not be done,
or by failing to do something that should be done.
General Information
What is the time limit (statute of limitations) for me
to make a claim for injuries?
Different statutes of limitation govern different types of
cases. Under most circumstances, statutes of limitation for
children are longer than those for adults. Special statutes
of limitation governing the filing of claims against public
entities may be as short as six months from the date of injury.
Where injury does not manifest itself for many years after
an event or exposure (such as during a period of latency after
exposure to harmful chemicals) the statute of limitations
may not run for many, many years. Because the running of the
statute of limitations is dependent upon the facts of an individual
case, if you believe that you have a claim where the statute
of limitations may be running, we urge you to contact one
of our attorneys as soon as possible to arrange for a free
consultation. However, as a general rule, a personal injury
and/or wrongful death action, under California law, must be
brought within two years from the date of the accident, if
the accident occurred on or after January 1, 2003; and one
year from the date of the accident if the accident occurred
prior to January 1, 2003. In cases against public entities,
a claim must be filed against the public entity within six
months from the date of injury or death.
How much will I recover from a settlement or judgment?
There is no formula or standardized method for evaluating
the likely settlement value or jury verdict potential in a
given case. Case value is case-specific. It depends upon factors
including liability, nature and extent of injuries, nature
and extent of permanent disability, economic losses (including
lost wages and medical bills), disfigurement, embarrassment,
and a host of other considerations. While we can provide ballpark
evaluations based upon results in trials and settlements of
similar cases, no precise method exists for predicting how
much an injured individual will recover in a given case.
Will my case go to trial?
The majority of claims handled by our office settle before
trial. Statewide, approximately 8 out of 10 cases settle without
court or jury trial. However, because we cannot predict whether
or not a case will settle without trial, our attorneys prepare
all cases in the same way, assuming that if a reasonable and
fair settlement cannot be reached, we are prepared to take
the matter to trial on behalf of our clients.
Do you handle cases for children?
Much of our work involves claims on behalf of clients under
the age of 18. Special rules govern the prosecution of children's
cases. Any settlements or judgment are subject to court supervision,
and all costs and expenditures must also be approved by a
Superior Court judge. Special statutes of limitation govern
the prosecution of children's cases. Because the statutes
of limitation are different whether the case is one for medical
negligence, product liability, vehicular negligence, injuries
occurring in the birth process, etc., it is important to contact
our office as soon as possible to determine when a child's
statute of limitations expires.
What if I have a claim against a city, county, state or
other government agency?
Claims against public entities are subject to the California
Government Code. This code imposes special administrative
claim filing requirements, and provides statutory immunities
and other protections to government entities. Chain-Younger
has handled thousands of cases against cities, counties, school
districts, water districts, states, federal government, federal
government agencies, branches of the military, and other government
bodies. Because the claims filing period against state and
municipal agencies is the shortest of all statutes of limitation
(180 days) it is very important that a person who believes
he or she has been injured through government action contact
an attorney at once.
Have You Been Injured?
If you feel you have been injured in an accident, CLICK
HERE NOW to get a free Case Evaluation!
Or call Us Now at 559-438-9139
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