Recovering Damages After a Folsom Personal Injury
I’m Ed Smith, a Folsom personal injury lawyer. Damages and liability form the basis of a Folsom personal injury lawsuit. This means that an individual who is injured because of the negligence of another person or entity can recover compensation for the economic and noneconomic expenses the accident caused. Let’s take a look at the different types of personal injuries and the damages that can be recovered.
Negligence in a Folsom Personal Injury
In order to place a claim for compensation for a personal injury, the following criteria must be met:
- The individual or entity had a responsibility to take reasonable measures that would prevent actions that caused harm to others.
- The negligent individual/entity failed in those responsibilities.
- The failure of those responsibilities caused the harm to an injured person.
- The injured person suffered damages as a result of that negligence.
Types of Personal Injuries
- Vehicle accidents: Collisions between motor vehicles, trucks and motorcycles are the most common types of accidents. Most accidents of this type are caused by driver error such as drunk driving, speeding or traffic infractions.
- Pedestrian accidents: Pedestrian accidents involving motor vehicles frequently cause severe injuries. When the driver of a motor vehicle was negligent and ran a red light or did not yield the right of way, a pedestrian may wish to seek compensation in a Folsom personal injury lawsuit.
- Bicycle accidents: California has strict laws meant to protect bicyclists, including the three-foot rule, which states that a motor vehicle must maintain that distance from a rider. Those who do not and cause an accident because of negligence are liable for any injuries caused to the bicycle rider.
- Accidents or illnesses at work: When an employer does not use appropriate safeguards to prevent injury or illness to workers, he or she can be held liable. One example of a workplace illness is mesothelioma, a disease caused to those who have worked with or around asbestos.
- Premises liability: Accidents involving a slip and fall can happen in private residences or on public properties. Since a premise is expected to be free of trip or slip hazards to others, someone who is injured may be able to seek compensation.
- Products liability: Harmful products are responsible for many serious injuries. Examples of unsafe products include automobile parts, dangerous foods, and mislabeled medicines.
- Medical malpractice: Physicians, hospitals, nurses, pharmacists and others can be held responsible if they cause harm to someone. This may include a physician’s misdiagnosis, a surgical error, or medication error.
- Dog bites: Recovery of damages from dog bite injuries are covered by California Civil Code Section 3342. In the state, an individual who is bitten and injured by a dog on private or public property can recover damages as long as that person was on the property legally and was not antagonizing the animal.
Recoverable Compensation in a Personal Injury
Financial compensation that is recoverable in a personal injury includes:
- Medical bills: Coverage for medical bills includes physician costs, hospitalization, rehabilitation and associated expenses.
- Loss of consortium: This compensation is for the damage caused to the relationship with a partner.
- Lost wages: Wages, bonuses, fringe benefits and other money the injured person would have received are recoverable.
- Scarring and disfigurement: Scars and disfigurement can leave an injured person with a feeling of humiliation or embarrassment. This can be compensated, including the cost of reparative cosmetic surgery.
- Pain and suffering: This category refers to physical, emotional and mental pain. Symptoms may include nightmares or sleeplessness, feelings of anxiety or fear and even the more serious post-traumatic stress disorder.
Folsom Personal Injury Lawyer
I’m Ed Smith, a Folsom personal injury lawyer. When negligence by another person or entity caused harm to a person, a seasoned personal injury lawyer can help in recovering needed and deserved compensation. For free, friendly advice, call me at (916) 921-6400 or (800) 404-5400 for help.
As a California member of the forum at milliondollaradvocates.com, I join other trial attorneys who have obtained a settlement or verdict more than $1 million for a client.
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