Redwood City Personal Injury Attorneys

Filing a Personal Injury Claim

California personal injury laws allow you to seek financial compensation from negligent parties who cause you injury. In other words, if you were injured and someone else is to blame, you likely have grounds for a case.

As the plaintiff, or the person bringing the claim, you will need to prove the following elements:

• Duty of Care: First, you must establish that the defendant, or the party against whom you are bringing the claim, had a legal responsibility (whether expressed or implied) to act reasonably and prevent foreseeable injury. This is known as the “duty of care.”
• Breach: Next, you will need to prove that the defendant somehow breached the duty of care. Typically, this involves proving that they were negligent, through act or omission, or acted wrongfully (i.e., unlawfully).
• Injury: To have a personal injury case, you must also prove that you were, in fact, injured. Even if someone else was clearly negligent and put you at risk of injury, you do not have a case unless you suffered injuries that led to measurable damages.
• Causation: Lastly, you must prove that the defendant’s conduct (i.e., negligent or wrongful actions or omissions) were the direct or proximate cause of your injuries. This is known as “causation.”

At Ayala, Morgan & Buzzard, our Redwood City personal injury attorneys work with accident reconstructionists, expert witnesses, and other specialists to thoroughly investigate our clients’ claims. We know how to use all available evidence to build powerful cases and seek the maximum compensation our clients are owed.

What Types of Damages Are Available in Personal Injury Cases?

There are two types of damages you can seek in a personal injury case: compensatory damages and punitive damages. While compensatory damages are meant to compensate you for specific losses you have endured as a result of your injuries, punitive damages are meant to punish the defendant for their negligence and/or wrongdoing.

There are also two types of compensatory damages: special damages and general damages. Special damages, also known as economic damages, are damages that are attached to a specific dollar amount. General damages, or non-economic damages, are those whose value is more intangible in nature.

Examples of special damages include:

• Medical bills
• Medication costs
• Co-pays
• Lost wages/income
• Future medical expenses
• Future lost earnings
• Home modifications
• In-home care costs

Examples of general damages include:

• Pain and suffering
• Diminished earning ability
• Disability
• Inconvenience
• Disfigurement
• Emotional distress and trauma

The exact types of damages you can recover, as well as the overall value of your claim, depends on numerous factors, such as the severity of your injuries, the cost of your medical treatment, and more. We encourage you to reach out to our team at Ayala, Morgan & Buzzard for a no-cost, no-obligation consultation, during which time our attorneys can review the details of your case and provide personalized information regarding your recovery.

What Is the Statute of Limitations on Personal Injury Lawsuits in California?

Like other states, California has a statute of limitations—or deadline—on personal injury lawsuits. In most cases, you have two years from the date of injury to sue the liable party for damages. When the injury was not immediately discoverable, you may have two years from the date you discovered the injury or reasonably could have discovered the injury to file your lawsuit.

There are some exceptions to the two-year statute of limitations, including cases brought against government agencies. Additionally, this deadline only applies to lawsuits, not insurance claims. In fact, depending on the insurance company and the specific policy, you could have several days to a few weeks to file a claim. The sooner you act, the better.

If you were recently involved in an accident or if someone you love suffered a severe injury due to the negligent or wrongful conduct of another, get in touch with our Redwood City personal injury lawyers right away to learn how we can help.