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Wrongful Injury | What Are My Legal Rights

By John Bisnar on November 29, 2012 - No 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.



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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.

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