Hesperia Personal Injury Lawyer
Car accidents, slip and falls, and dog bites are just a few of how people in Hesperia are hurt every year. The majority of accidents that happen in the city are caused by another person’s carelessness or intentional wrongdoing. When that is the case, injured individuals can file a claim against the liable party to recover compensation for their medical bills, lost income, and more. A Hesperia personal injury lawyer can advise you of the law that governs injury claims and help you claim the full compensation you deserve.
Time Limits on Personal Injury Claims in Hesperia
All personal injury claims in Hesperia are governed by a statute of limitations or time limit. The statute of limitations ensures that memories are still fresh when an accident victim files and that evidence is preserved. The law also ensures that defendants do not have a lawsuit hanging over their heads for an indefinite amount of time.
In most cases, accident victims have two years from the date of their accident to file a personal injury claim. This is a very important law because if you allow the two years to expire without filing a claim, you will lose your legal right to claim any damages at all. Some exceptions can extend the statute of limitations or shorten it. A Hesperia personal injury lawyer can advise on the amount of time you have to file your claim.
Shared Fault Laws in Hesperia
The law in California recognizes that at times, more than one party is at fault for a serious accident. When this is the case, shared fault laws, legally known as comparative negligence, govern accident cases. California follows the pure comparative negligence model, which means even when an accident victim was 99 percent to blame for an accident, they can still file a compensation claim.
When it is found that an accident victim was partly at fault for the accident, any damages they are awarded will be reduced by the same percentage of fault. For example, you may trip and fall on an uneven municipal sidewalk, which causes you to suffer a traumatic brain injury and break your wrist. You can file a claim against the government entity for damages. However, you may have also been texting at the time, failing to watch where you were going and for potential hazards.
In the above example, you could still file a claim for damages that are a necessary part of your recovery. The damages you are awarded though will be reduced by the same percentage of fault. So, if you are awarded $100,000 in damages but were 20 percent at fault, you will only receive $80,000 in total damages.
The shared fault law is another very important aspect of personal injury cases. Defendants will often argue that accident victims were to blame for their injuries so they can shield themselves from paying full damages. A Hesperia personal injury lawyer will know how to refute these claims and prove that you were not to blame for your injuries.
Dog Bite Claims in Hesperia
Hesperia residents love their dogs, but that does not mean these animals always act friendly. When a dog bites and attacks someone, the victim will sustain very serious injuries. These include broken bones, crushing injuries, puncture wounds, and more. These injuries are also more likely to suffer from infection because a dog’s mouth is full of bacteria that can enter the body after a bite. Dog bites can also cause unique injuries such as permanent scarring and disfigurement, which can leave accident victims feeling a lifetime of shame and embarrassment.
In Hesperia, as throughout the rest of the state, you can file a claim for financial compensation after someone else’s dog bites you. In many other areas across the country, victims have to prove the dog owner knew of the dog’s violent tendencies or aggressive past, and they did nothing to restrain the animal.
Fortunately, you do not have to prove this when filing a dog bite claim in Hesperia. Under the strict liability laws in the state, you must only prove that the dog bit you and that you suffered injuries as a result. In most situations, the dog owner is responsible for paying damages after a dog bite, but there are times when that is not the case. For example, if a landlord knew a dangerous dog was on the property and did not properly restrain them, the landlord could be held liable for paying damages.
Caps on Injury Claims in Hesperia
Many states place a cap, or limit, on the amount of compensation an accident victim can receive. Generally speaking, it is non-economic damages such as pain and suffering that are subject to caps. Non-economic damages do not have an actual dollar value and so, they are more difficult to calculate. California law does not place any caps on damages in personal injury claims, except medical malpractice claims. In Hesperia, as throughout the rest of the state, the cap on non-economic damages is $250,000.
Uninsured drivers are also generally not allowed to collect any non-economic damages if they are involved in a traffic accident. The only exception to this is when the negligent motorist was driving under the influence. For uninsured motorists to secure damages in this situation, the motorist must have been convicted of a DUI in connection with the crash that resulted in injury.
Our Personal Injury Lawyer in Hesperia Can Advise on Your Claim
If you have been hurt and someone else was at fault, our Hesperia personal injury lawyer can help. At Fisher & Talwar, our seasoned attorneys have a long track record of successfully helping our clients obtain damages, and we want to put that experience to work for you. Call us today at (213) 891-0777 or fill out our online form to request a free consultation with one of our attorneys and to obtain the sound legal advice you need.