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PERSONAL INJURY ATTORNEY

Do You Need Legal Representation for a Personal Injury Claim?

Talk To Our Folsom Personal Injury Attorney and Get the Settlement You Deserve

At McCrary Law Firm, we put the needs of personal injury victims and their families first. Our accomplished personal injury attorney or lawyers possess over 16 years of experience in personal injury litigation. We have helped numerous clients secure compensation from insurance companies or defendants.

Get in touch with us today and have a personal injury attorney, Folsom, from our legal team represent you.

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    What Classifies As Personal Injury?

    Personal injury is injury inflicted on a person’s body, mind, or emotions. It encompasses the damage caused by the actions of another entity or from defective products. These actions can be unintentional or deliberate.​

    Personal injury victims can file a lawsuit claiming compensation for the damage caused. A court of law is responsible for determining whether the offending party is responsible or liable to pay monetary compensation for a victim’s damages.​

    Another name for personal injury law is “torts law.” Torts are civil wrongs inflicting hurt on others. If committed, they allow the hurt individual or party to receive a financial settlement for their injuries.​

    Personal injuries typically focus on two outcomes. Firstly, they ensure that personal injury victims receive compensation to aid their recovery. Secondly, they help spur change within individuals and organizations to prevent an incident from recurring.

    What Classifies As Personal Injury?

    There are many instances where you can file a personal injury claim. We can distribute them into four broad categories.

    Accidents
    Personal injury laws apply in circumstances where a person’s negligence or carelessness inflicts harm on another person. ​ Examples include: Car accidents, truck accidents, construction accidents, medical malpractice, slip, and fall accidents, etc
    Intentional Acts

    Personal injury laws apply in circumstances where a person’s intentional conduct causes damage to another person. The harm caused arises from an intentional act carried out on purpose.

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    Examples include: Assault, fraud, inflicting emotional distress, battery, etc

    Defective Products

    Personal injury laws can apply if a consumer product, vehicle component, medical device, pharmaceutical product, or any other product is unreasonably dangerous or defective and causes harm or damage to the consumer.

    Consumers can file a product liability lawsuit against the maker for damages caused.
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    Examples include: missing safeguards, inadequate safety warnings, toxic chemicals, or hidden defects in a product.

    Defamation

    Personal injury laws are applicable if a person or entity’s defamatory statements inflict harm to a person. ​​

    ​Examples include: False accusations, slander, etc.

    What Can You Do If You Have Suffered A Personal Injury?

    Understanding how personal injury law works can be a challenge. Many personal injury victims are unaware of their legal rights, preventing them from getting fair compensation for their suffering.

    If you have suffered a personal injury, there are various things you can do. The course of action you can take depends on the nature of your claim. For instance, if you have been in an auto accident, the first thing you need to do is get in touch with the police. Next, you should seek medical help.

    ​If possible, you can also take pictures of the accident site and obtain the liable parties’ contact information and the witnesses present at the scene.

    ​You should also get in touch with a personal injury attorney in Folsom, as soon as you can and provide them with the details of your case.

    If you have recently been in an accident or suffered a personal injury due to a defective product, an intentional act, or defamation, reach out to us today.

    A Folsom personal injury attorney from our legal team can guide you on what to do next and help you file a claim seeking compensation.

    What Does California Personal Injury Law Say?

    Every state limits the amount of time available for filing a personal injury lawsuit in a civil court. It is known as a statute of limitations. These statutes are put in place to protect a person against claims made after a dispute has become stale or related evidence and witnesses have disappeared.

    In California, the statute of limitations for personal injury law requires you to file a personal injury lawsuit within two years from the injury date.

    ​If you file a lawsuit after two years, the court can refuse to hear your case. You will lose your right to compensation for damages suffered too.

    ​The statute of limitations for claims against a city, county, or government agency is even more stringent. Instead of two years, you must file a claim within six months. Claimants are also required to follow a specific set of rules regarding filing a claim.

    ​Premise liability cases turn obsolete with a lack of evidence. Our personal injury attorney can help you gather necessary proof that finds the property owner liable for your injuries and damages. This includes:

    ​We strongly suggest hiring a personal injury attorney in Folsom, to tackle such challenges and ensuring maximum recovery.
    What Type of Damages Can You Recover?

    Typically, claimants can seek an award for compensatory damages (economic damages and non-economic damages) and punitive damages.

    Compensatory Damages

    Compensatory damages comprise economic and non-economic damages.

    Economic damages include costs for medical treatment, loss of income, and property loss.

    Non-economic damages encompass things like loss of enjoyment, loss of consortium, and emotional distress.

    Punitive Damages

    Punitive damages are also known as exemplary damages in California. If a court finds the defendant’s actions as incredibly careless, they could penalize the defendant.

    ​In such cases, the court can award punitive damages. These are extra damages that a defendant must pay in addition to the compensatory amount.

    Punitive damages are awarded depending on the deplorability of a defendant’s behavior, financial condition, and the actual harm inflicted on the claimant.

    Are There Any Limits to the Amount of Compensation Awarded?

    There is no limit to the maximum amount of compensation you can receive for economic and non-economic damages. The judge and jury will establish a reasonable settlement amount to be paid to the claimant.

    ​However, California Personal Injury law sets other limitations on the types and amounts of damages you can receive compensation for.

    These include:
    • Non-economic damages for uninsured drivers: If you are an uninsured driver filing a personal injury lawsuit, you cannot recover non-economic damages suffered in a car accident. However, you may recover these damages if the offending party was driving while under the influence of alcohol or drugs.
    • Non-economic damages for medical malpractice lawsuits: California personal injury law also limits non-economic damages for medical malpractice. The Personal Injury Compensation Report Act caps these damages at $250,000.
    What Happens In Shared Fault Personal Injury Cases?

    Some personal injury cases can hold the injured victim partially accountable for the accident. In this case, the percentage of liability you share can affect the total amount of compensation awarded. The court will reduce the total amount of damages you are entitled to according to the percentage of shared fault for the accident.

    You can get in touch with a Folsom personal injury attorney for more information about this.

    Talk to Our Personal Injury Attorney in Folsom, and Make The Most of Your Claim.

    We Can Help You Secure Fair Compensation and Aid Your Recovery!