In proximity to miles of beautiful beaches and featuring an urban-suburban mix, highly rated schools, and a variety of shops and restaurants, Huntington Beach offers many benefits to residents and visitors alike. Unfortunately, the city has a number of traffic hotspots and hazardous features in both residential dwellings as well as offices and retail properties. There are many ways in which negligent drivers and property owners can cause injuries to others.
If you've been injured in a Huntington Beach accident that was the product of someone else's negligence (careless or reckless actions), you can seek compensation for the financial and psychological costs of your injury through California's personal injury claims process. An experienced personal injury attorney is an important ingredient to having a successful claim, as they understand the process, have a team to help collect the evidence and documentation necessary to prove your claim.
What Types of Claims Can Be Compensated Through California’s Personal Injury Claims Process?
Personal injury law involves a number of different types of legal claims made by those who were injured as a result of someone else’s negligence. These cases include:
- Traffic accidents involving any type of motor vehicle, including passenger cars, rideshares, commercial trucks, buses, and motorcycles, as well as other roadway users, such as bicyclists or pedestrians.
- Premises liability matters, which involve accidents that occur due to a property owner or manager’s negligence, such as slip and falls, dog bites, electrocutions, fires or floods, or negligent security.
- Product liability matters, which involve injuries that occur as a result of a defective or dangerous product, such as e-cigarettes, parts used on automobiles, or even electrical appliances in homes.
When an individual has been killed in an accident resulting from carelessness or recklessness, their family members can also seek compensation through California’s wrongful death claims process. This process is similar to filing a personal injury claim, and personal injury lawyers can also assist wrongful death claimants.
How Can a Personal Injury Lawyer Help You With Your Claim?
A personal injury lawyer plays a crucial role in helping a claimant to obtain the compensation they need after they have been injured due to someone else’s negligence. Some of the types of services they provide include:
- Assistance in determining all sources of liability and their related insurance resources.
- Valuing the claim properly to ensure the claimant receives the maximum amount of compensation available through the at-fault party’s liability insurance policy.
- Managing contact with the at-fault party’s insurance provider in order to present the claim and negotiate a fair settlement.
- Controlling the time expended on settlement negotiations to ensure that the claim is filed within California’s two-year statute of limitations, thus protecting the claimant’s right to use the court process when seeking compensation for their injury.
- Gathering the evidence and documentation needed to prove liability and justify the claim’s value.
- Litigation services, including filing and responding to motions, preparing evidence exhibits, representing the claim at all pre-trial hearings, jury selection, and presenting the claim in court.
- Guidance throughout the process to assist the claimant in making the important decisions regarding their case, such as whether to accept an offered settlement or to file a lawsuit. While a personal injury attorney can perform services to assist claimants with their claims, they cannot make decisions for the claimant.
- Assistance with collecting the compensation awarded either through a settlement or court order.
Huntington Beach personal injury lawyers work on a contingent fee basis. What this means is that claimants do not have to pay for the services of their personal injury attorney until there is compensation received on their claim. This provides access to quality legal services for anyone who needs them, regardless of their financial status.
How Long Do You Have to File a Personal Injury Claim in Huntington Beach?
Each state in the nation writes deadlines into the laws governing their personal injury claims process. The deadlines are known as the statute of limitations, and their purpose is to avoid evidence aging or becoming lost, witnesses from forgetting the details of the incident, and the claims process from dragging on for years. In California, the statute of limitations for most personal injury claims is two years from the date on which the injury occurred. This is the amount of time that the claimant has to file the claim as a lawsuit in court.
Failing to file a lawsuit within the statute of limitations will generally have disastrous effects on the claimant’s ability to obtain compensation for the costs and impacts of their injury. They will not only lose the right to use the court process if the at-fault party’s insurer refuses to pay for the claim, but they will lose the main reason that insurance companies settle claims in the first place: to avoid an expensive court battle that can feature negative publicity for the claimant and an uncertain outcome for the insurer. Insurance companies generally will not settle expired claims.
If You Were Injured Due to Someone Else’s Negligence, Contact Kash Legal
There are many ways to become injured in Huntington Beach, whether as the result of a distracted, impaired, or speeding driver, an unsafe property, or a dangerous product. If you’ve been injured, you may be tempted to seek compensation without the assistance of a personal injury attorney. While that is your right, pursuing compensation alone is generally a frustrating and overwhelming process due to the court requirements, the tactics of insurance companies who don’t want to pay, and a lack of understanding both of the compensation that is available and how much is needed after an unexpected injury.
An experienced Huntington Beach personal injury lawyer from Kash Legal brings experience to your claim, as well as a team dedicated to quickly and professionally gathering the evidence and documentation necessary to prove your claim either to the insurance provider or to a judge or jury. Let us evaluate your case for free and explore your legal options with you by calling us at (888) 527-4128 or reaching out to us through our online contact form.
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