Anaheim Personal Injury Lawyer
Serious personal injuries can happen almost anywhere in Anaheim, from a motor vehicle collision on the I-5 to a slip and fall accident at a retail store to a dog bite injury while you are out for a run. No matter how you got hurt, if another party’s careless or reckless behavior caused your injuries, you may be eligible to file a claim for financial compensation. There are many different types of personal injury claims in Southern California, and an experienced Anaheim personal injury lawyer at our firm can speak with you today about your options. Do not hesitate to get in touch with our firm to learn more about how we can assist you.
Types of Anaheim Personal Injury Cases We Handle
At Fisher & Talwar, our experienced personal injury attorneys in Anaheim represent clients in a wide range of personal injury cases, including but not limited to the following:
- Car accidents;
- Motorcycle accidents;
- Truck accidents;
- Bicycle accidents;
- Bus accidents;
- Train accidents;
- Watercraft accidents;
- Dog bites;
- Pedestrian accidents;
- Slip, trip, and fall accidents;
- Construction accidents;
- Elevator and escalator accidents;
- Swimming pool accidents;
- Defective product claims; and
- Wrongful death cases.
What is Personal Injury Law in Anaheim?
Personal injury law is a broad area of the law that permits an injured person to file a civil lawsuit against the party who is responsible for causing those injuries and to seek financial compensation. To be clear, personal injury lawsuits are civil lawsuits, which means there are no criminal penalties involved. Rather, through a civil lawsuit, a person can seek financial compensation from a party who is responsible for causing harm. Personal injury lawsuits include motor vehicle collision cases, premises liability lawsuits, defective product cases, and various types of claims involving bodily injury.
Our injury lawyers also represent clients in wrongful death lawsuits. While personal injury law and wrongful death law are closely related to one another, it is important to understand that these are distinct areas of the law. In a personal injury case, the injured party can be eligible to file a lawsuit against the at-fault party. When a person dies from injuries, however, that person cannot file a lawsuit. Instead, California law allows a surviving family member of the deceased to seek compensation through a wrongful death claim.
How to File a Personal Injury Claim in Anaheim
Depending upon the type of accident or incident in which you sustained a personal injury, you may begin the claims process by filing an insurance claim, or you could file an initial lawsuit. Many personal injury cases will include the following steps:
- Consider whether it makes sense to file an insurance claim;
- Identify the possible defendant or defendants in a lawsuit;
- File a personal injury lawsuit against the party or parties who are liable for injuries;
- Discovery phase in which both sides seek information to use as evidence in the case;
- Consider a settlement offer if one is made and, in some cases, work with your attorney to negotiate for a reasonable settlement offer;
- Take the case to trial before a judge or jury; and
- Obtain a verdict for damages if you win your case.
Motor vehicle collision claims often begin with auto insurance claims. With an auto insurance claim, the injured party can work with an injury lawyer in Anaheim to decide whether to file a first-party claim through his or her own insurance company or to file a third-party claim through the at-fault motorist’s insurance company. If the auto insurance payout cannot cover the full amount of your losses, you can still file a lawsuit against the at-fault party or parties. In some other types of cases, such as some premises liability lawsuits, you may also be able to obtain an insurance payout for your injuries.
While insurance claims can result in compensation in some types of personal injury cases, it is often necessary to file a personal injury lawsuit to seek damages. In a personal injury lawsuit, our firm can negotiate with the defendant to seek a reasonable settlement, and if the defendant will not offer a reasonable settlement, we are fully prepared to take your case to court. When you file a lawsuit and take it to court, you may be able to obtain multiple types of damages, including compensatory damages and, in some cases, punitive damages. Compensatory damages include compensation for both economic and non-economic losses.
Statute of Limitations for an Anaheim Personal Injury Lawsuit
Every type of personal injury lawsuit has a timetable that is set by the statute of limitations. Under California law, the statute of limitations in most types of personal injury lawsuits is two years from the date of the injury. In other words, the “clock” associated with the statute of limitations will start to tick on the date of your accident. From that point forward, you will have two years to file your lawsuit, after which point you will have a time-barred claim.
Some types of personal injury lawsuits, however, have a shorter statute of limitations. For example, if your injury occurs on public property and the property owner is at fault, you will likely need to file a claim against a government agency. In those cases, you will have either 6 months or 1 year from the date of the injury to file a claim.
Wrongful death cases have a two-year statute of limitations like most personal injury cases, but the clock on the statute of limitations starts ticking on the date of the deceased’s death rather than on the date of the injury.
Contact Our Anaheim Personal Injury Attorneys
If you or someone you love sustained injuries in an accident or because of another party’s negligence, it is critical to find out more about filing a claim for financial compensation. Depending upon the facts of your case, it may be possible, to begin with, an insurance claim, or you may want to file a lawsuit from the start. Our experienced personal injury lawyers in Anaheim can evaluate your case for you today and can speak with you about your options for seeking compensation. Contact Fisher & Talwar to learn more about the services we provide to clients in Southern California.