Personal Injury Claims: What You Need to Know

What Is a Personal Injury Claim?

A personal injury claim is a legal case filed when someone is physically or psychologically injured due to another person's or entity's negligence, recklessness, or intentional wrongdoing. The injured party (plaintiff) seeks compensation from the responsible party (defendant) or their insurance company for medical expenses, lost wages, pain and suffering, and other damages.

Common Types of Personal Injury Cases

• Auto accidents:The most common type of personal injury claim. Covers injuries from car, truck, motorcycle, pedestrian, and bicycle accidents caused by another driver's negligence.
• Slip and fall (premises liability):Injuries caused by hazardous conditions on someone else's property, such as wet floors, uneven surfaces, poor lighting, or inadequate maintenance.
• Medical malpractice:Injuries resulting from a healthcare provider's failure to meet the accepted standard of care, including surgical errors, misdiagnosis, medication errors, and birth injuries.
• Product liability: Injuries caused by defective or dangerous products, including manufacturing defects, design defects, and failure to provide adequate warnings or instructions.
• Dog bites and animal attacks: In California, dog owners are strictly liable for bite injuries, meaning the victim does not need to prove the owner was negligent.
• Wrongful death:When negligence or wrongdoing results in a person's death, surviving family members may file a wrongful death claim for compensation.

Why You Need an Attorney

Personal injury cases involve complex legal principles including negligence, liability, comparative fault, and damages calculations. Insurance companies that cover the at-fault party employ experienced adjusters and defense attorneys whose job is to minimize the payout. Without your own legal representation, you are at a significant disadvantage in negotiations and in court.

Most personal injury attorneys work on a contingency fee basis, meaning they do not charge any upfront fees. They only get paid if they win your case or reach a settlement, typically receiving a percentage (usually 33% to 40%) of the recovery. This makes legal representation accessible regardless of your financial situation.

California-Specific Considerations

California follows a pure comparative negligencerule, meaning you can recover damages even if you were partially at fault for your injury — your recovery is simply reduced by your percentage of fault. California also has a two-year statute of limitations for most personal injury claims, meaning you must file your lawsuit within two years of the date of injury or you may lose your right to sue entirely.

We Can Connect You With a Trusted Attorney

While personal injury is outside the scope of what a Public Adjuster handles, Leland Coontz III maintains a network of trusted personal injury attorneys in California. If you have been injured and need legal representation, we can provide a free referral to an experienced attorney who can evaluate your case. There is no cost or obligation for the referral.