Fresno Personal Injury Attorney

When searching for a Fresno personal injury attorney you have an obligation to seek out the best. A Fresno personal injury attorney understands your needs and will fight for your rights.

Have you or a loved one suffered from a car accident or personal injury in Fresno? If the answer is yes, then you should take immediate action and seek legal help.

A Fresno personal injury attorney is ready to stand by your side.

We want to help you get the compensation you deserve. The physical damages may be painful, but the mental and emotional damages are just as relevant.

The sum of these difficulties can leave you with a huge financial disadvantage. A Fresno personal injury attorney will take a look at the whole picture and put together a case that will deliver a just compensation package to you or your loved ones.

What is a personal injury?

A personal injury is not a criminal case, which are instituted by the government. A personal injury case begins when a private citizen or individual files a grievance against another person, business, corporation, or agency of the government.

In a personal injury case there is a plaintiff and a defendant. The plaintiff is the person filing the complaint. The defendant is the person, business, corporation or government agency who allegedly caused some form of harm against the plaintiff.

The plaintiff’s case is centered on proving that the defendant acted carelessly or irresponsibly in relation to the accident that caused harm. This is where a Fresno personal injury attorney comes in handy. He can help you file a formal lawsuit.

If a formal lawsuit seems too demanding, time consuming or stressful to you, a Fresno personal injury attorney can help you with an informal settlement. Actually, most cases are resolved through an informal early settlement.

The group involved in this scenario would consist of the individuals personally involved, their insurers and attorneys representing either side. This tends to be the fastest way of gaining justice and compensation. As long as the plaintiff and the defendant agree to clear up the matter through a payment of an acceptable amount of money.

What kind of injuries do personal injury law include?

Laws that govern personal injury may be applicable to any injury that a person or business, etc. causes another person. The harm caused must be proven as intentional, negligent, or reckless for compensation to be granted.

Here are some common causes of personal injury that may entitle you to receive compensation:

  • car accidents
  • Slip, Trip and Fall (liquids, snow and ice)
  • Slip, Trip and Fall (unsafe conditions on property) other than liquids, snow and ice
  • Premises Liability
  • Construction Site Accidents (as long as negligence is proven)
  • Dram Shop (Alcohol) Liability
  • Police Misconduct
  • Product Liability
  • Medical Malpractice
  • Wrongful Death
  • Assault
  • Battery
  • Infliction of Emotional Distress
  • False Accusations, Libel or Slander

Personal injury law covers any situation in which the following occurs:

  • Physical, Mental or Reputation Injury: A person is injured physically, mentally, and/or in his or her reputation.
  • Wrongfully Caused:

The injury is caused wrongfully, in the eyes of the law, by another person or by an entity (such as a corporation or municipality). When you are injured, the law asks whether the person who injured you was responsible to take care that you did not get injured. There are different levels of wrongful conduct that lead to liability depending on the circumstances.

  • Everyday Situations -Negligence:

The law usually asks, “Was the person who injured you “negligent” in causing your injury?” Negligence is another way of saying “careless,” or lacking in the use of ordinary care or consideration.

  • Special Situations -Recklessness:

In certain cases, those involving injuries caused by police and firefighters driving to or arriving at emergency situations, the law may ask if the officer acted “recklessly” in causing injury—that is, did they act in utter disregard to your safety?

  • Intentional Injurious Acts:

There are also intentional acts (like if someone punches you on purpose and without justification, breaking your nose) where the intent combined with injury will allow recovery.

  • Defective Products -Strict Liability:

Finally, there are injuries involving dangerous products or products manufactured improperly or that are defective—in such cases, the law doesn’t look for wrongful behavior, but rather presumes responsibility by the fact a person was injured using the product (also known as “strict liability”).

What is Compensable Damage?

Compensable damage is basically money that you will be able to recover by suing the person or business, etc. that wrongfully harmed or injured you.

For example, a person will most likely not be able to recover any damages (monetary compensation) for a cut on the finger. The person will most likely not be able to find any lawyer to represent him/her either.

Another example is if a person was crossing a road while the “walk” sign was flashing. Obviously the person walking is in the right of way. All of a sudden a car comes out of nowhere and the person jumps out of the way to avoid getting hit. In their quick action to move out of the way the person fell and scrapped his/her knee.

The driver being a good citizen actually stops to see if the person is okay. The driver and person crossing the road exchange information. Other than the skinned knee, the person is able to get up and walk home without any other symptoms.

There is an injury caused by the negligent driver, but the person who was crossing the road will not likely be able to recover any damages despite the actions of the driver.

There must be more factors present for an injured person to recover a dollar amount for all the damages suffered (medical costs, lost wages, pain and suffering) by suing the person or business, etc. that wrongfully caused the damage.

This is where a Fresno personal injury attorney can examine all the details and decide if the case is worth pursuing.

What is a statute of limitations?

This is basically the time frame in which the plaintiff has to file a lawsuit. Generally, the clock starts ticking when the plaintiff discovers they have been injured.

Again, this is where a Fresno personal injury attorney is vital. For example, if automobiles were involved, a Fresno car accident lawyer may be the specialist you need.

State law will determine the statute of limitations for where you live.  The time frame often differs by the type of injury. For example, Texas gives two years for a plaintiff to file a lawsuit for personal injuries and one year to file a lawsuit that involves libel or slander. The Statute of limitations gives five years to file a lawsuit for sex crimes. Furthermore, the statute of limitations vary from state to state.

The laws that govern personal injury cases

Court decisions are the most common form of concluding a personal injury case. Penal codes that have their rules written in statutes are generally not a part of personal injury cases. Penal codes and the like are a mainstay for criminal cases.

Treatises written by legal scholars are another way personal injury disputes can be resolved. If all this sounds confusing, we urge you to get in touch with a Fresno personal injury attorney. He can coach you through the process and make you feel comfortable among all the legal jargon.

How we can help

Every personal injury case is different and unique, requiring every potential personal injury case to be reviewed by a Fresno personal injury attorney. Hence, a professional attorney can review the facts and compile a detailed understanding of how the case correlates to the law.

Do you have any doubts whether you have a case? You can always have a Fresno personal injury attorney do a free evaluation of your case here. Don’t wait, act now.

 

 

ARTICLES

June 6, 2018

Motorcycle Accident

Learn More
May 31, 2018

Truck Wreck Attorney

Learn More
May 31, 2018

Searching for a Dog-Bite Attorney in Sacramento?

Learn More

Get Your Consultation

Contact us today for a Free Case Evaluation and to speak with one of our lawyers. Our team of attorneys have recovered millions in compensation for our clients, helping them get the justice they deserve.

Contact Details

info@lawyeronmyside.com

Lets Get Connected

Receive A Free Consultation