FRESNO PERSONAL INJURY FAQS
When pursuing compensation for a personal injury claim, the best asset to have, besides the assistance of an experienced Fresno personal injury attorney, is knowledge. We, at the Law Office of Rick D. Banks, have provided the FAQ below for people who have sustained an injury due to someone else’s negligence. To receive a free, comprehensive evaluation of your specific case and your legal options, please call (559) 222-4891.
Q: Why do I need a Fresno personal injury attorney? The insurance company said it’s unnecessary.
A: The insurance company prioritizes profits above all else; in other words, your interests do not necessarily match with theirs. The insurance adjuster is telling you not to get professional legal help probably because s/he knows that doing so would help you get a bigger claim and thus cut into the insurance company’s profits. Therefore, do what’s best for you and consult with a qualified personal injury attorney.
Q: What damages can I recover in my injury claim?
A: Depending on the type of case and the extent of the damages involved, a claimant may receive compensation for past and future medical treatment, and past and future lost earnings, along with pain and suffering and other non-economic damages associated with the injury. Additional “punitive damages” may be awarded if the defendant’s actions were intentional or egregiously reckless. If property damage is involved, such as in auto accident cases, repair or replacement costs may be recovered.
Q: How soon should I file my claim in Fresno?
A: The timeframe you have to file an injury claim or lawsuit is referred to as the statute of limitations. If you fail to file your claim or suit before the statute of limitations expires, you will be barred from pursuing compensation for the damages. In California, the statute of limitations for most personal injury actions is two years from the date the injury is incurred or realized. However, the deadline may vary under certain circumstances, so it is best to contact an attorney as soon as possible.
Q: What is “negligence"?
A: Negligence is the failure to exercise reasonable care to prevent harm to others. For instance, when you’re on the road, the duty of reasonable care requires that you follow the rules of the road and maintain vigilance. If a failure of this duty of reasonable care results in an injury, you are negligent and therefore liable for the victim’s damages. In short, a person is negligent if s/he does something that a reasonably careful person would not do in the same situation.
Q: Is there any other basis for personal injury liability besides negligence?
A: Yes; when defective products or dangerous pets cause harm, manufacturers or pet owners may be held “strictly liable” even if they have not committed a negligent and/or reckless action against the victim. Strict liability laws automatically make them responsible for any harm their product or pet causes.
Q: Can I sue the government for my injury?
A: Yes, you may sue a government entity for their negligence as well as the negligent actions of their employees. It is important to keep in mind that the claims process and the statute of limitations are different for cases involving government entities. To ensure that you don’t miss an important deadline and that your case is handled correctly, consult with an injury lawyer who has experience handling injury claims and suits against the government.
Q: My health insurance paid my medical bills. Should I still file a claim?
A: The answer is an emphatic YES. Insurance carriers usually pay for a claimant’s “out of pocket” expenses but not for the actual, full cost of his/her medical treatment. Chances are you will have to file a claim in order to get the full coverage you need and deserve.
The dedicated legal staff at the Law Office of Rick D. Banks is on standby to answer any of your questions about the injury claims process, how to deal with the insurance company, and other personal injury issues. You can schedule a consultation with us now by calling our office or submitting an online contact form.
