Neale & Fhima Personal Injury

PERSONAL
INJURY 101
What is a Personal Injury Case,
and What Does It Mean for an
Injured Person?
nealefhima.com/personal-injuryCall Now For A Free Consultation: 888-568-5405

A Personal
Injury Case
is…
A legal dispute in which one party (called the
plaintiff) seeks compensation for damages from the
at-fault party (called the defendant). Typically, the
plaintiff will claim that the defendant was negligent
and that his or her negligence led to the plaintiff’s
injuries. What is negligence? We’re glad you
asked…
Call Now For A Free Consultation: 888-568-5405 nealefhima.com/personal-injury

Understanding
Negligence
The term “negligence” means that someone acted
irresponsibly, failing to act in a reasonable manner or to take a
reasonable amount of care. You can also think of negligence in
terms of fault. In other words, if your injuries were someone
else’s fault, you can file a personal injury claim. While some
states have “no-fault” laws, California is a fault state (also
called a tort state). This means that a person’s compensation is
dependent upon the level of fault of the responsible party.

Who Files a
Personal
Injury
Claim?
The plaintiff in a personal injury claim takes legal action
because they suffered significant harm from their injury,
which can occur physically, emotionally or financially.
This harm is often referred to as damages. Filing a
personal injury claim ensures that the plaintiff doesn’t
have to carry the costs of another person’s negligence.

Examples of
Personal
Injuries
Caused by
Negligence
To give you a clearer idea of negligence and personal injury cases, let’s
look at some examples.
 Vehicle crashes make up a large portion of personal injury claims. In these
cases, a negligent driver (a drunk, distracted or drowsy driver) that causes a
crash can be held responsible for the damages they have caused a victim.
 In healthcare, personal injuries can be caused by medical malpractice. These
cases usually involve a negligent doctor, nurse or facility that fails to treat a
patient in a reasonable manner or performs a procedure that injures a
patient.
 Product liability cases involve a product that causes a consumer harm. In
product liability cases, the manufacturer of a product can be held responsible
for injuries or damages to the consumer.
 Wrongful death cases are personal injury cases in which the victim dies
because of their injuries. The surviving family members will file a wrongful
death claim to receive payment for damages.

Where do
Personal
Injuries
Occur?
Injuries can occur anywhere, at any time. No two personal
injury cases are the same, though a common thread is that the
plaintiff is alleging that the defendant is responsible for
damages. In addition to car crashes and medical malpractice,
personal injury claims can also result from:
 Boating accidents
 Train accidents
 Pedestrian collisions
 Dog bites
 Slip and fall accidents

What are
Examples of
Injuries in
These
Cases?
Personal injury claims are filed after a victim suffers serious
injuries, which are generally extremely painful and expensive.
These injuries may include:
 Traumatic brain injuries
 Spinal cord injuries
 Amputation or loss of limbs
 Serious bone fractures

Damages -
Beyond the
Injury
A personal injury claim often includes damages that go beyond
just physical harm. A plaintiff can also seek compensation for:
• Emotional or mental harm
• Property Damage
• Financial losses due to medical bills, time missed from work
or loss of work ability

Filing a
Claim
After someone suffers injuries due to another’s negligence,
they will typically meet with an attorney in a consultation. After
hearing the details of a person’s case, the attorney will decide
whether they will take the case, and will explain to the victim
what will come next. Once the attorney and client agree to
move forward with the claim, the attorney will investigate the
case, gather information and begin the process of filing a claim
with the courts.

How Long
Does the
Process
Take?
Every case is different. No attorney will know
exactly how long a claim will take until they hear
the details. It could take several weeks or even
years to resolve a claim, depending on the
circumstances. If the matter is settled between the
two parties before a trial, the claim might be
shorter. If it goes to trial, the case might take
longer.

How Much is
a Claim
Worth?
The amount of compensation also varies from one case to
another. After a consultation and an investigation, an attorney
will get a clearer picture of how much a client should seek in
damages. Settlements are compromises in which a client takes
less than the amount they were originally seeking. If the case
goes to trial, the compensation may be larger, though the
process could take longer and require greater effort. An
attorney will be able to advise clients on the best course of
action.

How Long
Do I Have to
File a Claim?
There are time limits on filing a personal injury claim.
This time limit is called a statute of limitations. In
California, the statute of limitations on personal
injury claims is two years. In cases of medical
malpractice, the patient has a year from the time of
the injury’s discovery, though some exceptions may
apply in these claims.

The Role of
an Attorney
Attorneys play an important role in the success of a client’s
personal injury claim. Experienced, skilled attorneys will know
the methods used by other attorneys and insurance companies
to reduce the amount of compensation given to a victim.
Attorneys advise their clients on all matters related to their
case, helping them understand the process and assisting with
the dialogue between their client and the other attorneys or
insurance companies.

If You Have
Questions,
Contact
Neale &
Fhima…
At Neale & Fhima, we have many years of experience handling
personal injury cases in California. We make sure that our
clients are at ease with the process and that they are treated
fairly. We know how important a claim is to our clients, and we
fight until we get a result that satisfies their needs. If you or a
loved one has suffered a personal injury and would like a free
consultation, contact Neale & Fhima today to learn more about
your options.
http://nealefhima.com/

Neale & Fhima Personal Injury

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