If you have been injured at a business, you may have considered suing them for negligence. You may have wondered if it is worth the time and the trouble to file a lawsuit. You may also have wondered whether or not you would even be able to win your case and how much money you would get if you did.
The amount of money you can sue for in the state of California will depend upon the cost of your medical bills, any income you have lost, and in some cases, pain and suffering. There is not a set cap on negligence in the Golden State.
There are several different categories of negligence for which you may sue a business. According to Fresno Personal Injury Lawyers Grossman, you will want to discuss the category or categories of negligence with your attorney.
Defective Products
If you have been injured because you used a certain product in the way that it was intended to be used, you may be able to prove that the company was negligent. Knowing who to sue in this case may be the really challenging part. The defect may be in the design, manufacturing, or marketing of a given product.
Be sure to find a law firm that is staffed with a team of trained legal researchers who can find out who you should file the suit against. They should have the time to completely research your case.
Product liability lawsuits can be very lucrative. The Phillip Morris company was sued by users of its tobacco products who were subsequently awarded $85 million.
Premise Liability
A building owner and the management team of a business have a duty of care to make sure that patrons are safe when they visit a business. They must repair or clean up anything that may cause a visitor to slip and fall or otherwise become injured.
When you are injured on the premises of a business, you will want to first file an insurance claim against the company. If the insurer does not offer you a fair settlement, you will want to consult with an attorney.
Workplace Injuries
If you are injured at work, your companies worker’s compensation insurance should pay for your medical bills. Worker’s compensation was instituted in part to avoid the hassle of lawsuits. However, there may be some cases where you can sue an employer if you think the circumstances that caused the accident were intentional. If your claim is denied or if you are only offered a paltry sum of money for a settlement, you may want to hire an attorney to help you file an appeal.
Medical Malpractice and Elder Abuse
If you or a loved one has been injured because of the negligence of hospital workers, workers in a medical facility such as a nursing home, or a doctor. You can sue them for elder abuse or malpractice. There is a cap of $250,000 that only applies to non-economic damages, such as pain and suffering.
What to do if You Have Been Injured
If you have been injured due to a companies negligence, it is important to document all the evidence you have every step of the way. Collect all of your medical bills along with the receipts for prescription and non-prescription drugs. Get a letter from your employer stating the number of hours you have missed from work. Be sure to hire an attorney with years of experience in personal injury law in California.
Getting injured in an accident is painful and costly. You will need a fair settlement to help you recover and move on with your life.
Authoritative sources:
- https://www.investopedia.com/the-5-largest-u-s-product-liability-cases-4773418
- Fresno Personal Injury Lawyers Grossman’
- https://pixabay.com/illustrations/question-mark-important-sign-1872665/
