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In California, the statute of limitations for personal injury claims is typically two years from the date of the event causing injury. Negligence is a civil tort that consists of 4 elements the plaintiff must prove. First, the defendant owed the plaintiff a "duty of care" to act or refrain from acting in a particular manner. Second, the defendant "breached" this duty of care by acting unreasonably under the circumstances. Third, the defendant's breach of the duty of care owed to the plaintiff bears a "causal relationship" to the injuries suffered by the plaintiff, and the defendant should have foreseen the dangers of his action or inaction. Fourth, the plaintiff actually suffered compensable "damages." If you believe that your injuries are caused by another's negligence, you should seek the advice and assistance of an attorney right away.Generally, no. Work-related injuries must be compensated through the workers' compensation system in place in your jurisdiction. There are some exceptions to this rule, but they are extremely narrow.In California, for personal injury matters, a written claim must be presented to a public entity prior to initiating a lawsuit against that entity. Typically, the timeline for presenting this claim is extremely short, and it must be strictly observed in order to proceed with a successful lawsuit. If you were injured and a public entity is potentially the responsible party, you should act fast to seek the advice and assistance of an attorney.The value of a claim depends on many factors, including but not limited to the nature and severity of the injuries, the amount of medical bills, and lost wages or earning capacity. A claim also may include general damages for "pain and suffering," which are not easily quantified. Depending on the case, punitive damages - damages designed to punish a defendant for wrongdoing - may be available. Even the jurisdiction where a case is venued can affect the value of a claim. There is no substitute for a consultation with an attorney to discuss the particulars of your case to determine its potential value.TBI stands for traumatic brain injury. Traumatic brain injuries are the most common type of brain injuries, affecting nearly 1.7 million people in the U.S. and claiming over 50,000 lives each year. Typically, TBIs are caused by a blow to the head, but not all blows to the head produce the same injuries or symptoms. Some TBIs are relatively minor, while others can substantially impair a person's ability to function. Concussions are a form of TBI, sometimes referred to as "mTBI" or mild traumatic brain injury. Symptoms of a TBI are many and varied. They can often manifest months after the injury-producing event.
If you sustained a blow to a head as a result of an auto accident, slip and fall, or other injury situation, it is important that you be fully evaluated for possible TBI. Most experts agree that it is impossible to fully evaluate a patient for TBI based solely on the blow to the head itself. If you or a loved one has suffered a TBI, seek the advice of an attorney familiar with this type of injury.
A contingency fee is where the attorney's "fee" is paid as a percentage of the settlement proceeds or award rather than by the hour. Contingency fees usually amount to about one-third of the settlement proceeds or award, but can be higher. In California, attorney fees are always negotiable, so do not hesitate to ask your attorney about their fees so you know what to expect when your case is over. Most fee agreements must also be in writing.