En Español

Wrongful Injury | What Are My Legal Rights

By Brian Chase on November 29, 2012 - 2 comments

A wrongful injury claim is something you may be entitled to if you’ve been involved in an accident or were injured as a result of someone else’s negligence.  Often referred to as a personal injury claim, the wrongful injury rights of a victim are broad and can include pain and suffering, loss of wages, emotional and or physical stress and loss of amenity.

wrongful injuryA wrongful death claim is filed when a person has died as the result of negligence but a wrongful injury can be filed on your behalf for a wide range of reasons including automobile accidents, a slip and fall (premise liability law), and dog attacks/bites. People who’ve been injured at the negligence of others are allowed certain rights under the law. Civil penalties varying from hundreds to hundreds of thousands are awarded in these types of cases.

When you think “wrongful injury”, remember the woman who was scalded by hot coffee at a McDonald’s’ restaurant. Her lawsuit netted her a big award (in the millions) and people assumed this was an over reaction on the part of the jury and that there was no way she was entitled to that much money over a hot coffee injury.

What many people in the public didn’t know is that she was scalded so badly by the coffee that she needed skin graphs and suffered immense pain. Once people understood the true facts of the injury, her age, the pain and suffering she endured and how the injury happened (she did not spill it on herself, a window cashier dropped it on her lap through the drive-thru), their perception of her right to the large wrongful injury settlement changed.

How do I know my wrongful injury is serious enough to seek legal help?

That depends mostly on the facts of the case, your personal suffering and what you endured or are continuing to go through as a result of someone else’s negligence.

Many factors can go into a personal injury case and in terms of wrongful injuries — what happened? Were you in a no fault car accident that resulted in serious injuries, loss of wages or enjoyment of life? Was your life seriously altered by what happened to you?

An experienced wrongful injury attorney will advise you on the best actions to take and how to protect yourself. Whether it’s not making any written statements to an insurance company or having the attorney conduct depositions  of key witnesses, a case of wrongful injury has many variables to consider — all of which will affect the outcome of your case.

How much time do I have to file a wrongful injury claim?

That is referred to as the statute of limitations and each state has their own. Most lawsuits will have a “tolling of time” and if you don’t file within that time frame, you will lose your right to file.  Many times attorneys see a pattern in wrongful injury claims when it involves insurance companies. They may stall the claim in an effort to reduce the time allowed for the victim to file a claim. It’s always prudent to ask your attorney immediately what the statute of limitations is for your state.

 

 

2 Responses to “Wrongful Injury | What Are My Legal Rights”

  1. On
    Douglas Carreira said:

    How do I find out what are the SL is in Hawaii?

  2. On
    Bisnar Chase said:

    Douglas,
    Check this resource. http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-hawaii.html

Leave a Reply:


Share this:

See All Awards, Ratings and Reviews

The BISNAR | CHASE Difference

  • “I went to law school knowing I wanted to be a personal injury attorney. I wanted my life’s work to have a positive impact on other people’s lives.”

    Brian Chase

    on what made him want to become a personal injury attorney

  • “I was in a serious auto accident when I was in law school. I had to hire a personal injury attorney and had a really bad experience.”

    John Bisnar

    on what made him want to become a personal injury attorney

  • “Everybody either drives in a car or rides in a car, so when I do the auto defect cases I really feel like I’m making the world safer by making vehicles safer.”

    Brian Chase

    on why he focuses on auto defect cases

  • “Whatever the philosphy of the management is, is going to be carried through by the employees and it’s going to reflect on the experience the clients have.”

    John Bisnar

    on his philosophy on running a law firm

  • “Corporate greed is a reality in our world and I see it time and time again. Especially, with the auto defect cases we focus on.”

    Brian Chase

    on corporate greed and how it affects the consumer

  • “The first thing we want to do with our clients is to relieve the stress. Make them feel comfortable. Treat them as an honored guest.”

    John Bisnar

    on how he would define superior client representation

  • “There are many, many defects in vehicles that can lead to life or death that could be fixed with a mere $40-$50 [on the assembly line].”

    Brian Chase

    on the shocking facts about the vehicles we drive

  • “You are dealing with people who are seriously injured or have lost a family member...Compassion is understanding someone else’s situation.”

    John Bisnar

    on the role compassion plays in his profession

  • “I’m convinced, because of all the lawsuits...the auto industry finally found out it was cheaper to fix the problem than to keep paying in the litigation.”

    Brian Chase

    on making the world a safer place

  • “...if [manufacturers] build a dangerous product and someone is seriously injured from that, some personal inury lawyer is going to call them on the carpet about it.”

    John Bisnar

    on how Bisnar | Chase has helped make the world a better place

  • “When you have a client come in that’s in a wheelchair...or you meet a wife who has lost their husband or they’ve lost their child, it’s diffucult not to get emotionally involved.”

    Brian Chase

    on the biggest challenges he faces as a personal injury lawyer

  • “I bring in the best employees that I can and I want them to have a workplace that is condusive to them doing their best work.”

    John Bisnar

    on the work environment created at Bisnar | Chase

  • “My motivation of going to law school to have my life’s work help other people...when I see that come to fruition, I’m very pleased and very happy with that.”

    Brian Chase

    on the accomplishments he is most proud of

  • “...it is part of our civic responsibility and it is our great fortune to be in a position to be able to help support our community...”

    John Bisnar

    on the importance of giving back to the community

  • “I was always jealous of doctors. They get to save lives and they get to heal. I don’t get to do that but I get to have a very big impact on another person’s life...”

    Brian Chase

    on the greatest satisfaction derived from his work

  • “Seeing the growth of my employees, seeing them mature professionally, personally, and grow into the great professionals they have become is tremendous.”

    John Bisnar

    on the greatest satisfaction derived from his work

  • “I’m the president-elect this year and I’ll be the president next year of the Consumer Advocate Attorneys of California and I find that to be a rewarding thing...”

    Brian Chase

    on being an advocate for the people of California

  • “There’s going to people that you meet, that you can mentor...You can make a difference in their lives, you can make a difference in their client’s lives.”

    John Bisnar

    on mentoring young attorneys

  • “We try to figure out how we can help [our clients] get through what they’re going through emotionally. Because just getting them compensated is only part of the job.”

    Brian Chase

    on the role compassion plays in his profession

  • “The Lakers have always been a winning organization, a class organization. I’ve used the Lakers as kind of a model for how to run my practice as well.”

    John Bisnar

    on his passions in life

Bisnar | Chase • 1301 Dove St #120
Newport Beach, CA 92660
local: (949) 203-3814
Get Directions

California Personal Injury Blog

General Motors Recalls 800,000 Vehicles For Various Defects

GM has announced another 6 recalls that compile the problems they are already facing with their major ignition switch recall. This brings the total recalls for the year to 60, covering over 29 million

read article

Ignition Flaw Leads to Chrysler’s Recall Of Jeep SUVs

Automaker Chrysler is recalling hundreds of thousands of older-model Jeep SUVs to fix an ignition-related stalling problem similar to the deadly flaw that has plagued General Motors vehicles this year

read article

Chrysler Says It Will Fix Recalled Jeeps Sooner

Chrysler is telling government safety regulators that they may be able to add trailer hitches to fix an issue that led to the recall of over 1.5 million Jeep SUVs.

read article

Connect

Copyright & Disclaimer

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of an attorney-client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case.

Bisnar | Chase serves all of California. In addition, we represent clients in other states through our associations with local law firms. Through the local firm, we will be admitted to practice law in their state, pro hac vice, meaning "for this particular occasion." When in our client's interest, we employ the local law firm (at no additional cost to our client) to assist us with routine court appearances and discovery proceedings to more efficiently pursue our client's cause.

Copyright © 1999- Bisnar | Chase Personal Injury Attorneys, LLP - All rights reserved.

SLS Consulting