Personal Injury Continued

Personal Injuries from Animal Bites or Attacks
Animal attacks can result in far more than physical pain. Disfigurement, a fear of rabies or other disease, and even a long-term fear of the type of animal that caused the injuries can ensue. A pet owner may be liable for such injuries when his or her animal bites or otherwise attacks another, meaning that he or she must compensate the injured party for the resulting damages.

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans, causing injury and potential liability for their masters. Even non-domesticated animals, such as large cats ordinarily found in the wild, can attack children and adults. The liability for all such attacks, if any, will vary greatly from jurisdiction to jurisdiction.

Slips, Falls, & Other Premises-related Personal Injuries
Premises liability law involves the legal responsibility of owners and occupiers of property for mishaps experienced by persons on the property and the resulting injuries. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The actual liability of the potentially responsible individuals varies depending on the rules and principles adopted in the jurisdiction where the mishap occurred.

Personal Injury Cases - An Overview
If you have suffered a personal injury, you may be entitled to compensation for your injury. Legal responsibility, called "liability," revolves around the simple fact that most injuries happen because someone was careless or "negligent." Even if you believe you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury.

When Personal Injuries Result in Death: Wrongful Death Cases
Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased's surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses.

Frequently Asked Questions about Personal Injury
Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?
A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as:

1) write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident;
2) make notes of conversations that you have with people involved in the accident or the injury claim;
3) preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs; 4) locate people who witnessed the accident and who might be able to help you prove your case;
5) notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and
6) contact a personal injury attorney to evaluate and pursue your claim.

Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was the result of someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

Q: How soon after I am injured do I have to file a lawsuit?
A: California has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. They are as follows:

  • 2 years for intentional torts
  • 1 year for slander, libel

If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with a lawyer as soon as you receive or discover an injury.

Robert Spitz can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.

Contact the Office to schedule a Consultation to discuss how Robert Spitz, Esq. can use his years of personal injury law experience to go to work for you.

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