Car Accident – Common Personal Injury Case in Los Angeles County

                                                                                         

Personal Injury occurs when a person suffers injury because of negligence of other person.

Personal Injury has a wide scope. It covers different kind of issues. However, in LA County, there is one type of personal injury case that is very common, car accidents.

Car Accident

In California, including the County of Los Angeles, an approximate of 50,000 drivers is involved of car accident annually. Almost half of this number results to serious personal injury.

According to survey, the number of personal injury cases increases annually. Despite the measures provided by the government, still the ratio is unstoppable.

In the recent study conducted by the authorities, the following comes out as the common causes of car accident.

• Reckless driving

• Falling asleep while driving

• Bad weather condition

• Driving under the influence of alcohol and other illegal substances (DUI)

• Distractions while driving

• Collisions

• Vehicle defects

Who can be liable in car accident?

The following are the parties that may be held liable in car accident:

• Driver – The driver of the car can be liable for the injury and other damages that result in the accident.

• The owner of the vehicle – In this case the owner of the vehicle can be liable for the injury that results in the accident if he allows other person to use his vehicle. However, the liability of the car owner is limited only on the permissive use of the vehicle.

Right time for filling a car accident claim

The time for filling a car accident claim varies from state to state. It is based on the state’s statute of limitation. It is advised that if you are planning to file an action, it is necessary to check your state statute of limitation.

You may also consult your LA County personal injury lawyer for better understanding about this legal issue.

What is statute of limitation?

Statute of Limitation refers to the period given by law to a person to file a claim or action.

It is necessary to refer to your state statute of limitation to prevent your right from being barred. Once your right is barred, you cannot file an action in any court involving the same subject matter.

What damages are available?

A party injured in a car accident is entitled to the following:

• Actual expenses

• Medical cost, which include past and future

• Property damage

• Economic damages

• Payment for pain and suffering provided it be in relation to the injury suffered.

However, it is important to note that not all injury suffered in a car accident is compensable. There are guidelines provided by law to be satisfied to recover damages.

The following are the factors to be proved:

• The injury must be the result of the negligence of another person.

• The injured person does not take part or contribute to the happening of the incident.

If the above-mentioned factors are not proven during the trial the plaintiff’s claim shall be denied. However, if only one of the two is established the liability of the defendant is mitigated.

It is also advised that the victim must make a note to everything that happened and the expenses he incurred because this will help him in proving his case in court.

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