Oxnard Personal Injury Lawyers
When someone else's negligence causes harm to you or a loved one in Oxnard, California, a personal injury claim may be appropriate. While insurance companies finance campaigns to tell us that our courts are flooded with frivolous lawsuits, in reality these claims are important ways for people to recover expenses from an accident that they did not cause. The civil legal system exists to give people a voice and let them take action against others who cause them physical, emotional, and financial harm and try to get away with it.
Filing a civil claim against another person or business is no small task. You need an experienced attorney on your side to make sure your case is handled properly. Your lawyer fights for your rights and takes the burden of filing a lawsuit off your shoulders. For a free consultation with the Oxnard personal injury lawyers at NordstrandBlack PC, please call (805) 962-2022.
There are many different ways in which a person can be injured that can warrant a personal injury lawsuit. Some of the most common accidents include:
- Car Accidents
- Commercial Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Drunk Driving Accidents
- Distracted Driving Accidents
- Pet Attacks/Dog Bites
- Workplace Accidents
- Defective Products
Not every injury that is the subject of a personal injury lawsuit has to be a matter of life or death. Both minor and serious injuries can be covered in a lawsuit, so long as another person's irresponsibility caused them. Common injuries include:
- Scrapes and Bruises
- Broken Bones
- Internal Injuries
- Neck and Shoulder Injuries
- Spinal Cord Injuries
- Traumatic Brain Injuries
The types of damages you can recover in California are based on actual harm that you suffered, rather than on speculation. Damages are divided into economic and noneconomic damages.
- Economic Damages: Sometimes called "out of pocket" costs, these are damages that have actually been lost or paid, or will be paid in the near future. Lost wages from time missed at work, medical bills including ongoing expenses, vehicle repairs, and debts incurred due to an accident are all economic damages. They are usually easy to determine based on bills that you have incurred after the accident.
- Noneconomic Damages: These are more difficult to determine than economic damages, as they include less tangible losses. Emotional distress, physical pain and suffering, and changes in lifestyle or quality of life all fall into this category. Loss of companionship or consortium, which is a claim made by family members who survived the loss of a loved one, is also a noneconomic damage.
In California, juries are encouraged to award punitive damages in personal injury cases where there is clear and convincing evidence that the defendant engaged in conduct with malice, oppression, or fraud. Punitive damages are meant to punish the wrongdoer for the conduct that harmed another person and discourage similar behavior from others in the future.
The amount of damages a jury will award depends on the details of your claim, the defendant’s conduct, and how well your attorney presented the claim. For specific limits, be sure to speak with an experienced personal injury lawyer.
There are statutes of limitations in California, which set strict limits on the time period you have after an accident or act to file a lawsuit against the negligent party. A few common statutes of limitations include:
- Fraud - 3 years from the act
- Injury to Personal Property - 3 years from the accident
- Trespassing - 3 years from the act
- Personal Injury - 2 years from the accident
- False Imprisonment - 1 year from the act
- Veterinary Malpractice - 1 year from injury or death of an animal
Each statute of limitations is different and there may be special circumstances depending on the case.
If a government entity is responsible, the injured person must file a claim with the entity before proceeding with a lawsuit. This time limit may be six months or less.
It is very important to act immediately if you or a loved one has been harmed or fatally injured in any kind of accident. Call our Oxnard personal injury attorneys at NordstrandBlack PC at (805) 962-2022 for a free consultation to talk about what happened and discuss your options.
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