If you’ve been injured and you’re wondering who you can sue for your injuries, the answer depends on the specifics of your case. In California, various parties can be held liable in different personal injury situations. Let me outline a few common scenarios for you:

For car accidents, you can typically sue the at-fault driver, and sometimes the vehicle owner, if they’re different from the driver. If a commercial vehicle like a truck or bus was involved, the company responsible for its operation might also be liable.

Determining the value of your case depends on the unique circumstances of your situation. There is no one-size-fits-all answer, as various factors can influence the potential compensation.

In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly egregious or malicious. These damages are meant to punish the wrongdoer and deter similar behavior in the future.

To get an accurate estimate of your case’s worth, it’s essential to consult with an experienced personal injury attorney like the attorneys at Eisenberg Law Gropu, PC who can evaluate the specifics of your case and help you pursue the maximum compensation you deserve.

Liability

Establishing liability, or proving that the defendant was at fault for the accident, is crucial to the success and value of a personal injury claim.

If it’s clear that the defendant was negligent and entirely responsible for your injuries, your case may be worth more compared to a situation where liability is shared or disputed.

In California, the comparative negligence rule applies, which means that your compensation could be reduced by the percentage of your own fault, if any.

The most common form of liability that a personal injury lawyer will invoke is Negligence.

To establish that the defendant(s) was liable, you must show the following to the court:

After establishing the necessary elements to prove your personal injury case, the attorney’s at Eisenberg Law Group, PC will either negotiate a settlement with the defendant’s insurance company or take the case to trial if a fair agreement cannot be reached.

The statute of limitations for filing a personal injury claim varies depending on the jurisdiction and the type of case. In California, the general statute of limitations for personal injury claims is two years from the date of the injury. This means that you have two years to file a lawsuit against the party responsible for your injuries.

However, there are exceptions and specific deadlines for certain cases, such as:

1. Claims against government entities: You have six months from the date of the injury to file an administrative claim with the government agency involved. If the claim is denied, you have an additional six months to file a lawsuit.
2. Medical malpractice: Generally, you have three years from the date of the injury or one year from the date you reasonably should have discovered the injury, whichever comes first.
3. Wrongful death: In most cases, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death.

It’s crucial to consult with an experienced personal injury attorney like the ones at Eisenberg Law Group, PC to determine the specific statute of limitations applicable to your case. Missing the deadline can result in losing your right to pursue compensation for your injuries.