At Miller Wilmers APC, we know firsthand how daunting an injury can be. Our dedicated team is proud to offer trusted legal support to injury victims right here in Santa Clarita and other communities across Southern California. Whether your injury happened in a car crash or on someone else’s property, we are here to help you secure the justice and compensation you deserve.
Common Types of Personal Injury Cases We Handle
At Miller Wilmers APC, we have handled a wide range of personal injury cases, giving us the knowledge and skill to take on many types of claims. Our personal injury attorneys focus on:
- Motor vehicle accidents
- Truck accidents
- Motorcycle accidents
- Premises liability claims
- Dog bites
California Personal Injury Laws You Should Know
There are a couple of key rules that can affect your personal injury claim. These rules might sound complicated, but they’re in place to keep things fair for everyone. At Miller Wilmers APC, we can guide you through these details so you don’t miss important deadlines or lose out on the money you deserve.
Two-Year Deadline to File a Personal Injury Claim
In California, you generally have two years from the date of your injury to file a personal injury lawsuit.
For example, if you were hurt in a car accident on January 1, 2025, you must file your claim by January 1, 2027. Missing this deadline usually means losing your right to seek compensation.
How Comparative Negligence Can Affect Your Personal Injury Case
California uses something called pure comparative negligence, which means that even if you were partly responsible for what happened, you can still recover damages.
For instance, if you were found to be 25% at fault for a slip and fall accident and the other party 75% at fault, your compensation would be reduced by 25%. So, if the total damages were $100,000, you might still receive $75,000.
How Liability Is Determined in California
Understanding how liability is decided can help you see what it takes to win a personal injury claim. To succeed, the law requires proof of four important elements:
- Duty of Care: The person or party you’re holding responsible must have owed you a duty of care. That means they had a legal obligation to act reasonably to avoid causing harm to others. For example, a driver has a duty to follow traffic laws to keep others safe on the road.
- Breach of Duty: Next, you have to show that they breached that duty by failing to behave as a reasonable person would in the same situation. For example, if a store owner neglects to clean up a spill that causes someone to slip and fall, that’s a breach of duty.
- Causation: You’ll need to prove causation, meaning the breach of duty directly caused your injury. For instance, if the spill hadn’t been left unattended, you wouldn’t have fallen and gotten hurt.
- Actual Damages: Finally, you must demonstrate actual damages including real harm or losses you suffered because of the accident. This can include medical bills, lost income, and other measurable costs as well as pain and suffering.
Proving these elements is essential to establishing fault and recovering compensation. At Miller Wilmers APC, we help gather the evidence to build a strong case centered around these legal requirements.
Compensation Available in Personal Injury Claims
California law allows for compensation that covers both financial losses and personal suffering, including:
- Medical bills including emergency care and long-term rehabilitation costs
- Lost income from missed work or reduced earning capacity
- Property damage like vehicle repairs
- Pain and suffering which includes physical discomfort and emotional distress
What to Do After an Accident in Santa Clarita
If you’re injured, protecting your claim starts with these important actions:
- Prioritize your safety and get medical attention quickly. Even if you suffered minor injuries, some symptoms may show up later. Medical records will play an important role in your personal injury claim.
- Report the incident to law enforcement and get a copy of the police report.
- Document everything at the scene through photographs, videos, and witness statements.
- Never admit fault or apologize; what you say may be used against you later.
- Keep all your medical records, bills, and repair receipts.
- Notify your insurance company but avoid detailed discussions or fault admissions without legal advice.
- Speak only to your lawyer about the accident to keep your rights protected.
Contact a Santa Clarita Personal Injury Attorney Today
Don’t put off getting legal help. The sooner you talk to Miller Wilmers APC, the sooner we can start collecting evidence and building your case. Our experienced attorneys will stand by your side, explaining every step, answering your questions, and fighting hard to get you the compensation you deserve.
Let Miller Wilmers APC be your trusted partner for personal injury cases in Santa Clarita and Southern California. We offer free consultations to discuss your situation and are just a phone call away. Contact us online or call us at (661) 310-1357 to get started.
Personal Injury FAQs
How long do I have to file a personal injury claim in California?
In California, you generally have two years from the date of your accident to file a personal injury lawsuit. It’s important to act within this window because once the deadline passes, you usually lose your right to seek compensation.
What is the role of negligence in a personal injury lawsuit?
Negligence means that the other party failed to act with reasonable care, and that failure caused your injury. To win your case, you must prove that their negligence directly led to the harm you suffered. Establishing negligence is the foundation of most personal injury claims.
What types of compensation can I receive?
You may be able to recover a range of damages including medical expenses, lost wages from missed work, and property damage like repairs for your vehicle or belongings. Additionally, you could be awarded compensation for pain and suffering, which covers the physical and emotional impact of your injury. In some cases, punitive damages may also be granted if the defendant’s behavior was especially reckless or intentional.
Why do I need a personal injury attorney?
Personal injury law can be confusing, especially when dealing with insurance companies trying to minimize payouts. An experienced personal injury attorney protects your rights, gathers crucial evidence, and handles negotiations with insurers on your behalf. Working with a dedicated legal team like Miller Wilmers APC increases your chances of receiving fair and full compensation.
How long does a personal injury case normally take?
Most personal injury cases settle within several months to about a year. The timeline can vary based on the type of the case, the severity of injuries, and whether the parties agree on liability and damages. Cases that go to trial or involve disputed facts typically take longer.
Can I still recover damages if I’m partly at fault?
Yes, California follows a pure comparative negligence rule, which means you can recover damages even if you share some responsibility for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault, your settlement award would be reduced by 30%.
What should I avoid saying after an accident?
It’s best not to admit fault or make apologies at the accident scene as these statements can be used against you later. Avoid discussing the accident details or your injuries with anyone other than your lawyer. Let your attorney handle communications to protect your interests.
What if the other party doesn’t have insurance?
If the at-fault person doesn’t have insurance, you still may have options to recover damages. Your own insurance policy may include uninsured motorist coverage. Additionally, your attorney can help you explore legal avenues to pursue compensation directly from the individual.