Personal Injury: Overview
Personal injuries are referred to as injuries to a person’s body, emotions, or reputation, and have three grounds when dealing with claims. These include the following:
- Negligence is the most commonly cited cause for personal injury lawsuits. Negligence occurs when someone fails to act with the same level of care and consideration that a prudent person would use in a similar situation.
- Strict liability occurs when an individual or entity is held liable for an injury, regardless of their intent or lack of intent.
- Intentional torts involve harm caused by deliberate actions such as assault, false imprisonment, or trespassing.
Some common types of personal injury accidents include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Dog bites
- Premise liability
- Wrongful death
In personal injury cases, individuals are often harmed and suffer various damages, including medical expenses, lost wages, pain and suffering, and travel expenses. These take a mental and physical toll on individuals, as they must find ways to make the necessary changes to get their lives back on track. These damages also impact the victim’s family, as they may need to take time off work to help out and care for the injured victim.
What to Do After an Accident: A Step-by-Step Guide
- Call 911 if anyone is hurt
- Notify the police
- Exchange driver information
- Document vehicle details
- Gather witness and passenger information
- Take photos of the scene
- Leave a note if the property is unattended
- Inform your insurance company
- Report the accident to the DMV if required
Who is Liable?
The law holds a person accountable when they have liability. In personal injury cases, liability applies only if an injury or loss occurs. Liability is determined in different ways. Some individuals are held liable by one party, which can sometimes be sufficient, while other cases require that a jury be presented with all the relevant information to make a decision. Contacting a personal injury attorney is crucial to ensure that you do not face this process alone.
Legal Process of a Personal Injury Claim
A personal injury victim must understand the legal process of a personal injury claim to ensure they receive the justice and compensation they deserve. Individuals should take the following steps when filing a personal injury claim:
- Hire an attorney
- Case investigation and preparation
- Demand letter and settlement negotiations
- Filing the lawsuit
- Discovery phase
- Mediation and pre-trial negotiations
- Trial
- Post-trial and appeals
Immigrant Rights and Protections
Understanding the intersection between immigrants’ rights and personal injury is crucial to keeping yourself safe. All individuals have the right to legal representation in the state of California, regardless of immigration status. This is extremely important to understand, especially when it comes to personal injury victims. Your immigration status would not affect your personal injury case. All individuals receive the legal protections and compensation to which the law entitles them. CA Civ Code § 3339 (2024) states the following:
- All workers have state law protections, regardless of immigration status
- Immigration status cannot be questioned unless required by federal law
Attorney-client confidentiality also protects immigrants irrespective of their immigration status. Your attorney cannot disclose any information you share without your proper consent, even if you are undocumented. This is to ensure confidentiality between the attorney and the client.
Common Immigrant Challenges
Immigrants in the United States face many challenges and hardships, especially when it comes to personal injury cases. Some of these challenges include the following:
- Language barriers
- Lack of access to legal protection and representation
- Fear of deportation when reporting crimes
How KAASS LAW Can Help
At KAASS LAW, we care about all individuals and understand the challenges that immigrants face as personal injury victims. Our experienced attorneys can help you understand your rights and seek justice. Under California law, you have the right to legal protection and representation, regardless of your immigration status.
Conclusion
Being injured in an accident is overwhelming, and being an immigrant, unsure of one’s rights, is much worse. If you or someone you know has been a victim of personal injury and the challenges of immigration, contact KAASS LAW for a confidential consultation.