There’s more than pain and suffering after being injured in an accident. Sudden substantial burdens arise along with emotional trauma to victims and their families. Victims shouldn’t be held responsible for the damages that were caused by the negligence of somebody else. That’s why they should pursue legal action against whoever caused their injuries and damages. Quirk Accident & Injuries, APC in Simi Valley has been assisting personal injury victims in their pursuit of compensation for their injuries and damages for about 10 years now. By directly confronting massive insurance companies and corporations, we have recovered millions of dollars of compensation for our clients in helping them put their lives back together and bring fresh starts.
What is Personal Injury in the Law?
The law of personal injury is also known as tort law. Under ancient Roman law, a tort was a wrong that caused any number of injuries to victim. Most personal injury victims are harmed by a careless and negligent act or failure to act of somebody else. When you bring a personal injury claim or lawsuit, the insurer of the person or entity that caused your injuries steps in for purposes of compensating you for your injuries and damages.
Damages in California Personal Injury Claims and Lawsuits
A settlement or award of damages in a personal injury case should be intended to make a victim whole again. There are special damages and general damages that might also be called economic and non-economic damages. Special damages usually include past and future medical bills and lost earnings along with any out-of-pocket expenses. General damages might include permanent disfigurement and disability along with pain and suffering and loss of consortium.
Types of Personal Injury Cases That Our Law Firm Handles
There are a wide variety of accidents that can cause a person to be injured. Nearly all of them involve carelessness and negligence. Here are some examples of some of the types of cases that our law firm handles:
- Auto accidents.
- Crashes involving large trucks.
- Motorcycle accidents.
- Bicycle and pedestrian accidents.
- Construction and industrial accidents.
- Slip-and-falls and trip-and-falls.
- Public bus and school bus accidents.
- Dog attacks.
- Accidents resulting in wrongful death.
Allegations of Comparative Negligence
Aside from a duty to be free of carelessness and negligence toward others, a person also has a duty to use due care and caution for their own personal safety. In some accidents like in a slip-and-fall or trip-and-fall, the victim might have been partially at fault for the accident. When that happens, the percentage of fault attributable to the accident victim must be determined. If he or she is determined to be 25% at fault for the accident, that percentage is deducted from any award that might be rendered. For example, an award of $100,000 would be reduced to $75,000 based on the percentage of fault attributable to the person claiming injuries. That’s known as the law of comparative negligence. If the defendant raises comparative negligence, and no settlement is reached, a jury will decide the issue and make an award.
Contact a Simi Valley Personal Injury Lawyer Today
If you’ve been injured in any type of a crash that a motor vehicle was involved in, call 911 and report the accident to police right away. Then, seek immediate medical attention at an emergency room. In any other type of accident, report the accident to a supervisor or manager and seek immediate medical attention too. Any delay in care and treatment will be used by an opposing insurance company against you in support of its argument that you weren’t injured to the extent that you claim. As soon as possible after leaving the emergency room, preserve and protect your rights by contacting the Simi Valley personal injury lawyers at Quirk Accident & Injury Attorneys, APC for a free consultation and case review. We’ll be pleased to discuss all of your legal options with you and pursue the largest settlement or award that you deserve.