Frequently Asked Questions of California Personal Injury Attorney Sasan KohanThe following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Los Angeles, California personal injury lawyer Sasan Kohan, you can receive a personal consultation regarding your specific legal claim. What is Personal Injury? Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of California. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
What financial compensation can I recover in a personal injury claim? Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
What is the Statute of Limitations? Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states, the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact Los Angeles, California car accident Attorney Sasan Kohan. What is Liability? The term liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. The negligent driver, manufacturer or seller of a product may be responsible or liable to pay for damages, including pain and suffering and financial losses, if they are caused by their carelessness. What is Strict or Absolute Liability? Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict products liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold and that the injuries were caused by the defect in the product. Some instances in which the law might apply strict liability are with regard to products liability, abnormally dangerous or ultra-hazardous activities and animal owner's liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. How do I prove negligence? The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence. "The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions. If you have been the victim of personal injury in Los Angeles, California, or within the surrounding cities and counties including Orange County and the Inland Empire, and you need the assistance of an experienced lawyer, contact the Law Offices of Sasan Kohan today, at 1-866-928-0536, or complete the contact form provided on this site to begin your free consultation. Consultations are available in English, Farsi, French and Spanish. |
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