An injury affects your ability to move through your daily life independently, work and earn income, and even engage in social situations. Some injuries heal fully, thankfully, but bring those high costs as you recover. Other injuries leave permanent damage, potentially preventing you from supporting yourself or your family or even managing your own everyday needs. When someone else caused your injury through careless or intentionally violent behavior, California allows you to hold that person accountable for their actions and for compensating you for your losses.
You only get one chance to seek compensation, so having representation from experienced Los Gatos personal injury lawyers is critical to seeing a favorable outcome. The attorneys at Suits Litigation, Inc. are dedicated to getting justice for injury victims. We know how California law and legal processes work and have a successful history of securing substantial settlements or verdicts for our personal injury clients. The best first step you can take on your road to justice is connecting with our injury firm. We are ready to get to work for you.
California’s Personal Injury Laws
California has laws in place to help injury victims seek recovery for their injury-related costs and losses. If you are hurt by someone else’s negligent or reckless behavior or intentionally violent act, you can hold the party who caused your injuries responsible for their actions by filing a personal injury claim. A personal injury attorney in Los Gatos, California, can help you through the personal injury claims process and work to get you the financial justice you deserve.
Statute of Limitations
A statute of limitations is a deadline. California follows a two-year statute of limitations for most personal injury claims. This means you need to file your claim within two years from the date of the injury. If your injury was not immediately discovered, you have one year from the date of discovery to file.
It is best to connect with an injury lawyer as soon as possible after an accident so you are sure to file within the statute of limitations. However, even if you fear your deadline has passed, talk to a lawyer. Some circumstances warrant deadline extensions, and you may still have the opportunity to collect compensation,
Pure Comparative Fault
California has adopted the pure comparative fault system for personal injury claims. Civil Code 1714 establishes the State’s view that each person is responsible for the result of their own “willful acts” and for “injury occasioned to another” by that person’s lack of “ordinary care or skill” in managing their property or selves. The law also emphasizes that if a person contributes to their own injury, they also bear liability.
In simpler terms, pure comparative fault allows injury victims to sue the party responsible for causing those injuries for damages. However, the compensation the victim is eligible to collect will be reduced in proportion to the victim’s percentage of fault for the accident.
Compensation for a Personal Injury Claim
Victims can seek both economic and non-economic damages in a personal injury claim. In some circumstances, punitive damages may be applicable. It is best to have an experienced injury lawyer from Suits Litigation Inc. assess your injury-related losses. Often, victims representing themselves fail to recognize the extent of their costs and future needs and “lowball” their compensation demand. If the at-fault party’s representatives make an initial offer, victims may accept that offer–even gratefully–thinking they are lucky to have avoided an extended negotiation process or trial.
Unfortunately, those victims later realize they underestimated their needs, and the at-fault party’s representatives actually made that initial offer as a strategy to avoid paying what they really owed–not to give the victim generous compensation. At that point, it is too late. Once accepted, a settlement can not be adjusted, and cases can not be reopened for further negotiation. By partnering with an experienced personal injury law firm, you protect yourself from accepting offers too quickly or undervaluing your potential damages.
Economic Damages
The financial costs and losses you sustain from the accident and your injuries recovered through economic damages. Though each case is different, most cases prompt recovery of the following:
- Lost income during time off work to recover
- Lost future income if your injuries are permanent and prevent you from returning to working
- Property damage if your car, bicycle, devices, or any other personal property needs repair or replacement
- Additional expenses incurred by your injuries (e.g., costs of childcare, home, and property maintenance, transportation)
- Medical bills and anticipated future care needs
Your injury attorney will take great care in assessing your losses, seeking input from your medical team and other medical experts, and calculating your potential earning potential, including benefits.
Non-Economic Damages
While non-economic damages may not come with an immediately apparent dollar amount, they carry significant value. Non-economic damages acknowledge the emotional, social, and psychological costs of your injury. Your personal injury lawyers will factor in the following elements:
- Level of pain and discomfort
- Emotional and psychological distress. Injury victims often experience anxiety, depression, or feelings of isolation
- Inability to engage in activities you once enjoyed
- Diminished enjoyment of life
- Reduced independence and mobility
- Changed relationships. Some victims are unable to interact with loved ones and friends as they did before the injury
Every case is unique, but you can count on the injury attorneys from Suits Litigation, Inc. to give your case the individual attention it requires and calculate a settlement demand that recognizes your specific situation.
Punitive Damages
Some cases merit collecting punitive damages–also called “exemplary” damages. While economic and non-economic damages are compensatory, the “make up” for the victims’ losses, punitive damages are an extra financial penalty put on the at-fault party to punish them for their appalling actions.
California Civil Code 3294 allows for punitive damages when there is “clear and convincing evidence” that the at-fault party is “guilty of oppression, fraud, or malice…” For injury cases, the focus would typically be on proving malice–that the at-fault party acted with intent to cause injury or their “despicable conduct” showed a “willful and conscious disregard for the rights or safety of others.”
Your injury lawyers will review your case and if you have grounds to seek punitive damages, will pursue them. For example, if your injury resulted from a car accident with a drunk driver, if a truck driver ran you off the road in a fit of road rage, or if you were hurt in an episode of domestic violence, you may be entitled to exemplary damages.
What a Personal Injury Lawyer Will Do for You
Your personal injury lawyer from Suits Litigation, Inc. will manage all aspects of your personal injury claim, taking care of legalities, evidence, negotiation, and trial representation–if needed–and take a massive burden off your shoulders. After an accident, it is in your best interests to put your energy into recovery. When you partner with an attorney, you can do that knowing that someone has taken up your fight for justice.
Experienced injury firms know what kinds of evidence you need to prove your case and how to gather that evidence. Our firm will put that experience and our resources to work for you, seeking evidence from every possible source. We will gather testimonies from witnesses and caregivers, get input from relevant experts, access useful security camera photos or videos, collect physical evidence from the accident scene, and explore all other evidentiary options.
Prompt connection with an attorney gives your legal team the time to investigate your case, identify the at-fault party, and gather evidence while filing within California’s two-year deadline.
Negotiation and Representation
Very likely, the at-fault party’s representatives will do their own investigation and do their best to put as much blame for the accident on you as possible. Since California’s pure comparative fault system reduces your compensation according to your level of fault, the higher your fault, the less the at-fault party has to pay. Your Los Gatos personal injury lawyer will work to protect you from unwarranted blame and unfair settlement reductions.
You also avoid saying anything that could hurt your case when you have an accomplished attorney speaking for you. It is easy to say something innocently, even “I’m sorry this happened,” and have it used against you. It is better for you to avoid communicating with the at-fault party’s insurance and legal representative, leaving that task safely in your lawyer’s hands.
A vast majority of personal injury cases are settled through negotiation. This is the outcome your attorney will work towards, as trials can be lengthy and add stress to your life. But when the other side purposely slows the process down or does not make a just offer, going to trial might serve your interests best. Some personal injury firms are more willing and ready to go to trial than others, and Suits Litigation, Inc. is a firm that is prepared to fight in court. Our aim is to secure justice and fair compensation for you, no matter how long it takes.
Types of Personal Injury Cases
Just about any type of preventable accident provides grounds for a personal injury claim. The personal injury attorneys from our firm are prepared to work with you no matter what kind of accident prompts your claim.
Vehicle Accidents
Motor-vehicle accidents often produce serious injuries. Drivers, passengers, and all others sharing the roads or waterways can be victims of another party’s negligence or recklessness. Our team of car accident attorneys understand California’s driving and boating laws, as well as those in place to govern and protect pedestrians and cyclists, and will fight to hold those whose non-compliance caused your injuries accountable.
On-Property Accidents
A fall down a poorly lit stairwell or a slip on a slick parking lot surface or floor can lead to severe injuries. If property owners fail to warn guests of these conditions or take swift action to correct them, they could be liable for the ensuing damages. Property owners need to keep their premises safe for guests, alerting them to known (or should-be-known) hazards. Business owners must have processes in place for fixing these dangers in a timely manner. Should you be injured in someone’s home, business, as a tenant in a rental, at an amusement park, or on any property other than your own, consult with the knowledgeable personal injury attorneys from Suits Litigation Inc. to learn your legal options.
Workplace Accidents
Some workplace accidents warrant a third-party lawsuit against a negligent party. Injured parties may be entitled to workers’ compensation and have grounds to sue someone other than the employer for their injuries. For example, if you work in an office building and are hurt in an elevator accident, the elevator company may be culpable. If a construction worker is hit by a car moving too quickly as it passes a construction zone, that driver may be liable.
Connect with a personal injury lawyer as soon as possible following an accident. Do not assume you do not have the grounds for a suit, and do not accept any offers from the at-fault party’s insurance or other representatives without first speaking with an attorney. Your future well-being is at stake, and Suits Litigation Inc. will work to protect your best interests by fighting for the highest settlement possible.
Highest-Quality, Client-Centered Representation
Suits Litigation, Inc. is committed to serving the needs of injury victims. Our guiding principles are to get you the best legal results–maximum compensation–for your case, provide you with the highest level of client service, make your personal injury claims process as simple and stress-free as possible, and manage your case with integrity. We will treat you with respect and compassion, listen to your concerns, answer your questions, and keep you updated on your case progress. Call or message Suits Litigation, Inc. as soon as possible after your accident and schedule a free consultation with a Los Gatos personal injury lawyer. We are ready to get to work and get you the justice and compensation you deserve.