Want to Pursue a Sherman Oaks Personal Injury Claim? Here is Information You Must Know

Accidents take place unexpectedly and can change your life instantly. Whether you have been in a slip-and-fall accident or a motor vehicle accident, the experience can be quite traumatizing. Serious accidents can result in severe injuries, huge medical bills, significant lost wages, and even death. During these challenging times, you may want to pursue a personal injury claim, so you can secure the monetary compensation that covers all your damages. If you want to understand the process, speak with an injury attorney at Oaks Law Firm. The attorney can discuss how to file a claim in Sherman Oaks.

What to Know About the Personal Injury Laws in California

To pursue a successful personal injury claim, understanding the related laws is necessary. This includes the following:

• Negligence. In California, the pure comparative negligence system is used. Under this system, a victim who sustains bodily injuries due to the negligence of another party can recover damages even if they contributed to the accident. The victim’s compensation amount will be decreased depending on their percentage of fault. For example, if you filed a claim worth $100, 000 for a crash and were found to be 20 percent at fault for it, the amount of damages you will get is $80, 000.
• Statute of limitations. The majority of injury claims in the state have a statute of limitations of two years from the injury or accident date. After this period ends, you will no longer be able to pursue a claim or seek compensation from the liable party. But some exemptions to this rule exist. For instance, if the injuries were discovered two days after the accident, your filing deadline will be extended. Also, if the at-fault party is no longer living in California, the statute of limitations starts to run once they return to the state. 
• Damage caps. In the state, no compensatory damage caps are set for personal injury cases. The only exception is medical malpractice cases. Under the California Medical Injury Compensation Reform Act, victims can claim non-economic damages of up to $250, 000. Such a limit does not include economic damages such as lost wages and medical expenses. 

Steps When Filing a Claim

Below are steps to take when filing an injury claim in Sherman Oaks, California:

• Establish your legal right to claim. To file a claim, you must prove certain things to show that you have the legal right to file. First, you need to show that the at-fault party’s actions or inactions harmed you. Second, you must be an individual or entity that has a legal status. Lastly, you must be legally capable of filing a claim. 
• Collect evidence. After your legal standing has been established, you should collect evidence that can support your claim such as proof of lost wages and medical records. Also, if you have suffered property damages, include photos of them. 
• Hire an attorney. Filing an injury claim can be exhausting and challenging, particularly if it is your first time. Because of this, you should consider hiring an attorney who specializes in your case. Aside from filing your claim, your attorney can increase your chances of getting the compensation you are entitled to. A great attorney will guide you through each step of the claims process, making sure you understand and protect your rights. Should your claim not be settled outside of your court, your attorney can represent you at trial. 

How Long Can Your Claim Take?

How long you will have to wait until your claim is resolved depends on its nature. But typically, personal injury claims take 2 months to be settled. Insurers in California should settle such claims within 85 days of the date you filed your claim. This could take longer if you take the case to trial.