For many injured victims, an insurance settlement might seem like the most obvious or easiest solution to get compensation fast. Unfortunately, the adverse party’s insurance company may not want to pay the fair value of the claim. The injured victinm’s own insurance company may also fail and/or refuse to pay that which the policy of insurance provides they must.They may act in bad faith to avoid paying for your injuries. In these cases, you may need to contact a personal injury lawyer to determine your best path forward.
The at-fault party should be held responsible for their negligent behavior, the negligent behavior of their employee, or the dangerous condition of their property, but it is not always easy. You may have been hit by a negligent driver, but what if they were on the clock at the time of your traffic collision? Because fault can be so complex, it is often best to reach out to an Encino
personal injury attorney. They can review the evidence of your case and help you get answers.
Sadly, a serious accident can take a loved one’s life, and now you and your family are grieving. Talk to a personal injury attorney about your wrongful death claim and the personal injury laws that may impact your recovery. In California, a wrongful death action and a survival action are two separate legal claims that can be brought in the event of someone's death. A wrongful death action is a civil lawsuit that can be filed when a person dies as a result of someone else's negligent or intentional actions. This type of action is brought by the surviving family members of the deceased, such as the spouse, children, or parents, and seeks damages for the losses they have suffered as a result of the death. These losses may include funeral expenses, medical bills, lost income, and loss of love, care, comfort, companionship and support. A survival action, on the other hand, is a legal claim that can be brought by the estate of the deceased person. It allows the estate to sue for damages that the deceased person could have sought if they had survived the incident which caused their death. This may include damages for pain and suffering, lost earnings, and medical expenses incurred before the person's death.
When you are hurt, you only have a limited time to act. If you do not file promptly. There are firm rules and deadlines, such as governmental claim filing requirements and statute of limitations laws in the State of California, which require specific technical filings regarding your claim within a set time period from the date of the accident. If any part of your injuries may Involve potential claims against public transportation (for example. MTA), certain hospitals (for example, U.C.L.A), LAPD officers, other law-enforcement officers, certain Schools, divisions of the City, County, or State, and/or L.A. Fire Dept responders for bodily injuries; as well as exploring the possibility of roadway defect or dangerous condition of public property, under California law, because such a case involves a governmental claim (governmental claims examples include claims against a governmental entity, city, County, state, for liability such as police brutality, excessive use of force, falsifying official records, dangerous conditions of public property, etc.) then you usually have only six (6) months from the date of the alleged incident to file governmental claim form documents with the appropriate governmental entity. Filing such claim forms is a complicated and technical matter and it must be done in a specific format and filed with the correct entity, within the specified 6 month time period. Thereafter, a lawsuit must be filed with the court within a specific period of time, all of which may be less than the standard non-governmental claim period of two (2) years. If you do not meet the governmental claims filing requirements by that date, you may be forever barred from making such a claim, regardless of how good that claim turns out to be. There may be variations and exceptions to these rules, such as with medical negligence (medical malpractice), claims involving minors, etc…That is why there is urgency in your seeking legal counsel for the matter as soon as possible. If there is no governmental claim component to your injury claim (for example, making a claim against a company, private party, or other third-party) you have two (2) years from the date of the accident to file a lawsuit in the appropriate court system venue to preserve your rights and causes of action in this case. After the aforementioned deadline cut off dates, regardless of how good the case is, if you do not file the proper documentation, in the proper venue, your case will be barred and forever lost, regardless of its merits. There are many other technical aspects to your proceeding in this context, therefore, we urge you to seek counsel without delay.