Preventable accidents can happen anywhere, even in El Dorado Hills. The beautiful scenery, temperate weather, and small-town feel make El Dorado a beautiful place, but cannot protect residents or visitors from injury-causing incidents.
If you are hurt because of someone else’s negligence, you can file a personal injury claim with help from an El Dorado Hills personal injury lawyer from Triumph Law, P.C. The attorneys on our team have experience handling all kinds of injury cases and will work tirelessly to help you recover the losses no matter what kind of accident caused them.
Personal Injury Explained
If you are hurt by your own reckless behavior, you cannot hold someone else responsible. However, under California Civil Code 174, if you are injured by another person’s “want of ordinary care” you have the right to hold them accountable by filing a personal injury claim.
A personal injury claim allows you, the injured party, to collect compensation to cover the losses you have suffered from an accident. You file against, or sue, the party responsible for causing your injuries, whether through their recklessness, intention, or negligence. An El Dorado Hills personal injury attorney will investigate your accident to determine its cause and identify the responsible party.
Through a personal injury claim, you can recover medical expenses, income loss, property damage, financial acknowledgment of your physical pain and/or disfigurement, emotional suffering, and reduced quality of life. Your attorney will assess your situation with great care and calculate a just settlement demand.
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Types of Personal Injury Claims Common in El Dorado Hills
There is no limit to the kinds of accidents that produce personal injury claims. That said, some types of claims are more commonly seen than others.
Motor Vehicle, Pedestrian, and Bicycle Accidents
Cars, trucks, buses, rideshare vehicles, and motorcycles all travel El Dorado’s roads. Motor vehicle accidents are an unfortunate consequence.
Anyone operating a vehicle has a legal responsibility, or duty of care, to obey traffic laws, operate the vehicle with caution and care, and avoid unsafe driving practices like texting and driving, driving while intoxicated, speeding, weaving through traffic recklessly, and others. When drivers do not uphold this responsibility and injure others on the road, those injured can hold those drivers responsible.
For a recent year of traffic-accident data collection, California’s Office of Traffic Safety (OTS) recorded 184 speed-related and 28 hit-and-run accidents. There were 748 total victims of injury or death recorded for all motor vehicle accidents. This total includes:
- 151 from alcohol-related accidents
- 100 from involved motorcycle crashes
- 20 pedestrians
- 23 bicyclists
Slip, Trip, or Fall Accidents
Property owners must keep their properties safe–free of hazards they should be reasonably aware of. For example, if a homeowner invites friends over for dinner, that homeowner must warn the guests of broken stairs or loose railings. Grocery store owners need to keep aisles free of tripping hazards, have plans in place to clean spills quickly–and mark the area with “caution” until the floor is dry.
These accidents fall under the category of “premises liability,” a category which includes more than slips and falls. Apartment tenants injured in a fire because the fire alarms were broken, amusement park guests injured on a ride, or mall shoppers hurt on a malfunctioning elevator, or escalator may all have grounds for personal injury claims.
Whether bitten by a dog on the dog owner’s property or in a public setting, victims may seek personal injury damages under California Civil Code 3342. Even if the dog has shown no previous signs of viciousness, dog owners can be found responsible.
Customers trust manufacturers to produce and sell safe products. Defective products can cause serious internal or external damage. Tainted baby food or other food products can lead to severe illness. Toys or equipment with non-working safety features can cause choking, burns, lacerations, or a variety of other injuries.
Sometimes, what seem to be car accident cases are actually product liability cases. When a vehicle’s brakes, steering, or other systems fail, devastating accidents are the result.
Medical practitioners take an oath to “do no harm.” And most honor that oath admirably. Unfortunately, there are times when medical professionals fail to provide an appropriate standard of care, perhaps through:
- Performing unnecessary procedures
- Failing to follow up on test results
- Prescribing the wrong kind or dosage of medication
- Committing errors during surgical procedures
- Prematurely discharging a patient
Any form of negligence or recklessness by a medical professional can fall under medical malpractice. A personal injury lawyer in El Dorado Hills can help you hold negligent practitioners accountable.
When a loved one dies because of a preventable accident, surviving families can file a wrongful death claim. A settlement can cover end-of-life expenses, related medical costs, loss of income and job benefits, and other contributions to the household, and acknowledge the loss of affection and relationship.
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The Statute of Limitations on Personal Injury Claims
In California, most personal injury claims have a two-year statute of limitations. This means you have to file your claim within two years from the date of your accident. There are different rules for medical malpractice claims, which typically follow a three-year deadline, and claims against a government entity which requires submission of a special document within a six-month deadline.
Partnering with a personal injury attorney in El Dorado Hills promptly after an incident is critical to the success of your case. Fast access to your situation allows your attorney to collect evidence before it is lost or becomes otherwise unavailable, identify the at-fault party, and file well before the legal deadline.
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Triumph Law, P.C. is ready to bring a victory. Our team has over 20 years of experience with personal injury cases, and we are here to fight for you. Contact us today, with a call or message, for a free case review. When you connect with a compassionate, attentive, knowledgeable El Dorado Hills personal injury lawyer, you can rest assured you have the highest quality legal representative on your side.