Suffering a personal injury is more common than one would think. Either from accidents or social wrongs like defamation, 31 million people on average suffer from a personal injury in America every year. This is why understanding the facts about personal injury, even if you haven’t suffered from one, is important for every US residence, especially those residing in Southern California.
#1. What is considered a personal injury?
This is a big question and the term “personal injury” covers a wide range. The law considers car accidents, truck accidents, bicycle accidents, traffic accidents, pedestrian accidents, construction accidents, motorcycle accidents, workplace injuries, dog bites, products liability, nursing home negligence, medical malpractice, and slip and fall injuries to be categorized under the umbrella of personal injury.
#2. How long does a personal injury case take to conclude?
It’s really dependant on your case and the extent of your claim, but generally speaking, a case could take up to 4 years to come to a judgment. However, most cases resolve in less than 2 years. A reason why a case could take longer is that either you haven’t reached medical improvement from your personal injury, the case involves a lot of money, or there are factual or legal problems with the case.
#3. Aside from physical injuries, you can claim psychological/emotional injuries.
The word “injury” doesn’t always pertain to a physical injury as a lot of people might think. Depending on the situation, psychological and emotional injuries occur for clients as well. This includes depression and anxiety, but of course, this claim would have to be supported by a medical provider. If your claim of a psychological or emotional injury is true, having it confirmed by a trained doctor should not be an issue.
#4. A claim can be made on behalf of a friend or relative.
If you know someone that unfortunately died due to a personal injury or received a brain injury due to a personal injury, a family member or other can file a claim against the person(s) responsible for the accident.
#5. Proving negligence isn’t as easy as people hope.
In a court of law, evidence is key to supporting your claim, which makes representation like Jewels Jin, Attorney at Law, imperative. “So how does one prove negligence in a case?” One must prove the elements (listed below) by a preponderance of the evidence, meaning more likely than not that there was:
1. Duty of Care (An obligation to avoid injuring another or placing them in the path of danger.)
2. Breach of Duty (Did the person who owed the duty fall below the necessary standard of care?)
3. Causation (Did the person who had the duty cause your injuries?)
4. Damages (Is there quantitative monetary loss?)
If you feel that you’ve suffered a personal injury, or have any questions regarding personal injury law for a loved one, please call Jewels J. Jin, Esq., APC at 714-264-5413. We’re here to help you through this tough time and won’t stop until you are properly compensated.