Even in sunny California, a dark cloud can cover the lives of those who have been injured or disabled on the job. But what if it’s possible for a ray of light to pierce your suffering? If you or someone you love has suffered a workplace accident, here’s what you need to know about personal injury lawsuits in the state of California.
<b>Statue of Limitations</b>
In most cases, you have two years to file a personal injury claim from the day of the accident. Exceptions can be made for injuries only discovered at a later date, but even then the limit is one year after an official medical diagnosis.
<b>Classifying Your Case</b>
What kind of injuries did you suffer? Have they been treated by a medical professional? The doctor should be your first stop after a workplace accident, because your records, admissions documents and pain prescriptions will all provide a nice paper trail for your future lawsuit.
How will your medical condition affect your life? You don’t have to be permanently out of work to make a case; even a few weeks without being able to earn a paycheck is basis enough to sue and demand the funds.
How serious are your injuries? It’s a common misconception that you need to be gravely ill or seriously injured in order to justify a settlement. You can receive fair compensation for any number of aches and pains. Don’t exaggerate your condition in hopes of receiving more money, because if you get caught, your entire case can be thrown out the window.
It isn’t enough to just point at your boss and say, “It’s his fault I’m hurt!” You need to prove one of the following for a successful personal injury lawsuit in the state of California:
– Someone directly caused your accident, such as spilling the chemicals you slipped on or mishandling the ladder that sent you falling to the ground.
– Someone knew about hazardous conditions and did nothing to prevent accidents or ailments from incurring, such as sending you to work with faulty tools or ignoring asbestos that later gave you a serious medical condition.
– Someone <i>should have been</i> responsible for overseeing dangerous conditions but wasn’t. If you break your back falling out of a construction lift because the company engineer didn’t do his job and evaluate its safety, his negligence is legally the company’s responsibility, and they can be forced to pay you reparations.
These are just a few of the things you should consider when building a case against your employer. For more information on personal injury lawsuits and the compensation to which you might be entitled, contact a Vista personal injury attorney today.