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PERSONAL INJURY 101What is a Personal Injury Case, and What Does It Mean for an Injured Person?

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A Personal Injury Case is…

A legal dispute in which one party (called the plaintiff) seeks compensation for damages from the at-fault party (called the defendant). Typically, the plaintiff will claim that the defendant was negligent and that his or her negligence led to the plaintiff’s injuries. What is negligence? We’re glad you asked…

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Understanding Negligence

The term “negligence” means that someone acted irresponsibly, failing to act in a reasonable manner or to take a reasonable amount of care. You can also think of negligence in terms of fault. In other words, if your injuries were someone else’s fault, you can file a personal injury claim. While some states have “no-fault” laws, California is a fault state (also called a tort state). This means that a person’s compensation is dependent upon the level of fault of the responsible party.




Who Files a Personal Injury Claim?

The plaintiff in a personal injury claim takes legal

action because they suffered significant harm

from their injury, which can occur physically,

emotionally or financially. This harm is often

referred to as damages. Filing a personal injury

claim ensures that the plaintiff doesn’t have to

carry the costs of another person’s negligence.




Examples of Personal Injuries Caused by Negligence

To give you a clearer idea of negligence and personal injury cases, let’s look at some examples. Vehicle crashes make up a large portion of personal injury claims. In

these cases, a negligent driver (a drunk, distracted or drowsy driver) that causes a crash can be held responsible for the damages they have caused a victim.

In healthcare, personal injuries can be caused by medical malpractice. These cases usually involve a negligent doctor, nurse or facility that fails to treat a patient in a reasonable manner or performs a procedure that injures a patient.

Product liability cases involve a product that causes a consumer harm. In product liability cases, the manufacturer of a product can be held responsible for injuries or damages to the consumer.

Wrongful death cases are personal injury cases in which the victim dies because of their injuries. The surviving family members will file a wrongful death claim to receive payment for damages.


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Where do Personal Injuries Occur?

Injuries can occur anywhere, at any time. No two personal injury cases are the same, though a common thread is that the plaintiff is alleging that the defendant is responsible for damages. In addition to car crashes and medical malpractice, personal injury claims can also result from: Boating accidents Train accidents Pedestrian collisions Dog bites Slip and fall accidents


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What are Examples of Injuries in These Cases?

Personal injury claims are filed after a victim suffers serious injuries, which are generally extremely painful and expensive. These injuries may include:

Traumatic brain injuries

Spinal cord injuries

Amputation or loss of limbs

Serious bone fractures


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Damages - Beyond the Injury

A personal injury claim often includes damages that go beyond just physical harm. A plaintiff can also seek compensation for:

• Emotional or mental harm

• Property Damage

• Financial losses due to medical bills, time missed from work or loss of work ability




Filing a Claim

After someone suffers injuries due to another’s negligence, they will typically meet with an attorney in a consultation. After hearing the details of a person’s case, the attorney will decide whether they will take the case, and will explain to the victim what will come next. Once the attorney and client agree to move forward with the claim, the attorney will investigate the case, gather information and begin the process of filing a claim with the courts.



How Long Does the Process Take?

Every case is different. No attorney will know exactly how long a claim will take until they hear the details. It could take several weeks or even years to resolve a claim, depending on the circumstances. If the matter is settled between the two parties before a trial, the claim might be shorter. If it goes to trial, the case might take longer.



How Much is a Claim Worth?

The amount of compensation also varies from one case to another. After a consultation and an investigation, an attorney will get a clearer picture of how much a client should seek in damages. Settlements are compromises in which a client takes less than the amount they were originally seeking. If the case goes to trial, the compensation may be larger, though the process could take longer and require greater effort. An attorney will be able to advise clients on the best course of action.



How Long Do I Have to File a Claim?

There are time limits on filing a personal injury claim. This time limit is called a statute of limitations. In California, the statute of limitations on personal injury claims is two years. In cases of medical malpractice, the patient has a year from the time of the injury’s discovery, though some exceptions may apply in these claims.


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The Role of an Attorney

Attorneys play an important role in the success of a client’s personal injury claim. Experienced, skilled attorneys will know the methods used by other attorneys and insurance companies to reduce the amount of compensation given to a victim. Attorneys advise their clients on all matters related to their case, helping them understand the process and assisting with the dialogue between their client and the other attorneys or insurance companies.



If You Have Questions, Contact Neale & Fhima…

At Neale & Fhima, we have many years of experience handling personal injury cases in California. We make sure that our clients are at ease with the process and that they are treated fairly. We know how important a claim is to our clients, and we fight until we get a result that satisfies their needs. If you or a loved one has suffered a personal injury and would like a free consultation, contact Neale & Fhima today to learn more about your options.

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