After a serious accident, you may be wondering whether or not you are entitled to receive financial compensation for your injuries. Injuries can occur from a variety of sources, whether they involve an intentional act (like physical battery or slander), or they involve the negligence of another party, you may have a legitimate claim for your damages. In this blog, we’ll take a closer look at the different types of personal injury cases, and when it’s time to call a personal injury lawyer.
If you live in the San Bernardino area and you’re in need of immediate legal representation for an auto accident, dog bite, assault and battery case, or a slip-and-fall accident, contact the attorneys at Westphall Law Group today.
Personal Injury Cases
Personal injury law, also known as tort law, allows an injured person to receive compensation when someone else has intentionally harmed them, or when someone is negligent. There are many different situations that can give rise to a personal injury case, but not every case is the same. Let’s look at some common kinds of personal injury cases below.
Car Accident Cases
Did you know that car accidents spur the most personal injury cases across the United States? When an accident happens on a busy highway or intersection, it is normally because someone isn’t properly following the rules of the road. A careless driver can oftentimes be held financially responsible for any injuries that have resulted from a car accident. You may want to work with a personal injury attorney if:
- The liability for the accident is not clear between the parties involved.
- The insurance adjuster has requested you provide personal medical records prior to the auto accident.
- You are not confident in the ability to negotiate a fair claim on your own.
- The insurance adjuster has made you an offer, but you feel that your claim could be worth much more.
- The insurance company has denied your claim and you feel that they are incorrect in their denial.
- You are stuck having to deal with costly medical bills after the accident.
- The other party in the accident has recently served you with a lawsuit.
If you’re thinking about calling a car accident lawyer to help you with your case, we recommend making the call right away. This will help you to avoid any costly mistakes down the line, and since the deadline for filing a personal injury claim varies from state to state, working with an attorney will ensure that you get your claim filed in a timely matter. Since you may have to pay for medical bills and cover lost wages, the sooner you reach out to a personal injury attorney, the better. If you live in California and you need assistance with your auto accident claim, contact Westphall Law Group today.
Civil Assault and Battery Cases
Did you know that criminal charges aren’t the only penalties you can incur for committing assault or battery? The victim of an assault or battery case can file a civil lawsuit against his or her assailant. Unlike criminal prosecution, which is meant to penalize defendants for their illegal acts, civil cases are specifically designed to make the victims whole by compensating for any injuries or damages they experience. Since the waters of assault and battery can be tricky to navigate on your own, let’s look at the differences between the two acts below.
What Is Assault?
While the exact definition for an assault can vary from state to state, an assault is usually defined as an attempt to injure someone else, and in some circumstances, this may include threats. If someone uses violence or force to injure another party, this is considered an assault. In most cases, an assault is carried out by a threat of bodily harm, coupled with an apparent ability to cause such harm.
What Is Battery?
A battery case will differ from an assault case in a few ways. Unlike assault, battery does depend on whether the victim actually suffered harm. When another person is touched, groped, or injured in an unwanted fashion, this can be labeled as battery. Since this kind of crime involves the actual infliction of harm onto a victim, it can be considered more serious than assault.
Slip and Fall Cases
Whether you slip and fall at the grocery store or you take a tumble outside of your favorite restaurant, slip and fall accidents can happen anywhere, at anytime. In fact, slip and fall accidents injure thousands of people each year. In some of these instances, the property owner may be responsible for the injured party’s injuries. If you end up falling on someone else’s property due to dangerous or negligent conditions, you will likely need to be able to show one of the following in order to win your case:
- Demonstrate that the property owner or his employee should have known about the dangerous conditions. For example, let’s say you slip and fall outside of your favorite department store because the ground was covered in snow and ice. In your position, you would want to prove that any other person in the same position would have known about the dangerous condition ahead of time and they would have taken the measures to remedy it.
- You can prove that the property owner or his employee did in fact know about the dangerous condition and they still refused to fix it.
- You can prove that the property owner or his employee actually caused the dangerous condition (they spilled liquid on the floor, etc.)
It’s important to note that most states follow the rule of comparative negligence when it comes to slip and fall accidents in or around the workplace. In the laymans terms, this means that if you contributed to your own accident in any way, the reward for your injuries and other damages may be lessened. If you or a loved one has been injured in a slip and fall accident, it’s important to seek advice from a personal injury attorney right away.
Westphall Law Group: Personal Injury Attorneys in San Bernardino
If you live in the San Bernardino area and you’re in need of a personal injury lawyer, contact the professionals at Westphall Law Group today. Whether you’ve been injured in an auto accident, construction accident, or motorcycle accident, we’ll do everything we can to ensure you get the legal representation and compensation you deserve. With more than 27 years of experience in the legal industry, you can feel confident working with our attorneys. We won’t charge you a dime unless you win your case. Call our injury attorneys in California today!