Why Should You Hire Arellanez Legal?
Legal problems can be incredibly stressful. During this challenging time, a dedicated and reliable attorney can make a significant difference in the outcome of your matter. If you're seeking legal guidance Arellanez Legal has the expertise that you need. Arellanez Legal is focused solely on the needs of our clients. We provide professional and effective representation.
Who will be handling your Personal Injury case?
Arellanez Legal was founded by Michael Arellanez who has prosecuted and defended personal injury cases throughout California. In addition to being a skilled personal injury attorney he handled complex civil litigation cases. Michael Arellanez obtains results for his clients and understands how insurance companies evaluate personal injury cases.
Insurance companies tend to forget that personal injury cases involve real people. Michael Arellanez understands the profound impact an injury has on someone's physical, mental, and financial health. If you or your loved one has suffered an injury at the hands of another, contact Arellanez Legal to discuss your case.
What is Personal Injury Law?
Personal injury law allows injury and accident victims to bring claims and lawsuits against the wrongdoers responsible for causing the harm. The law includes cases involving accidents (usually negligence), intentional acts such as battery or sexual assault, defective products, and defamation.
What type of Personal Injury Law might be applicable to your case?
Personal injury law applies to many types of cases including:
Accidents usually involve negligent behavior that results in harm to another person such as medical malpractice, car accidents, big rig accidents, pedestrian accidents, and slip and fall accidents.
What is negligent behavior?
Negligence is the failure to exercise care that a reasonable person would do in the circumstances and facts related to the accident. To prevail on a negligence case, the four elements of duty, breach, causation, and damages must be established.
Duty is a legal obligation which requires individuals or companies to exercise a standard of reasonable care while performing actions or activities that could harm others. For example, a doctor providing medical care, or another motorist driving their vehicle would owe a legal obligation to avoid causing harm to others.
When an individual or company violates the legal obligation it could be said they have breached their duty by failing to act as a reasonably prudent person should have while performing the actions or activities.
Causation is the link between the breach of duty and the injury or harm suffered. The injury or harm suffered must be the result of the breach of the duty.
Damages refer to actual injuries caused by the breach of duty.
These situations involve a person's intentional acts which cause harm to another person. Examples of an intentional acts include assault, battery, intentional infliction of emotional distress, and trespassing.
These are claims involving a defective product that was intended to help a user, but the user was unexpectedly harmed by the product. A defective product could exist as a vehicle component, a consumer product, or a medical device.
A defamatory statement is a false statement that a person makes, which causes harm or injury to another party. Libel and slander are two types of defamatory statements which can cause serious harm. Libel is as written defamation, while slander is defamation that is spoken.
What damages can you claim in a Personal Injury case?
Damages must be proven and can include the following:
Medical Treatment Costs.
Medical treatment costs include the costs of the ambulance transportation, the emergency department costs for services provided, costs related to diagnostic tests, surgery costs, hospitalization costs, and physical therapy costs. You may also seek costs related to prosthetic devises, crutches, and costs related to the modification of your home to accommodate your injury.
Lost wages may be applicable to your case if you currently have a job and have missed work or have been unable to work due to an injury. A loss of future earnings could also be applicable if your ability to earn a living is impacted due to your injuries.
The cost to replace or repair property damaged in an accident may be recoverable.
The emotional distress you experience as a result of sustaining an injury could be recoverable. Arellanez Legal can help assess your case to determine if emotional damages can be claimed.
Loss of Consortium.
Loss of consortium are damages sought by a spouse due to the loss of companionship or intimacy because of their spouse's injuries.
These are damages that are meant to punish the wrongdoer and deter similar behavior. These damages may be available if the wrongdoer's behavior that led to the accident was particularly reprehensible.
How soon should you contact an attorney?
Personal injury cases are time sensitive matters. Personal injury law includes statutes of limitations for different types of cases. The statute of limitations refers to the time in which an injured party is permitted to bring a lawsuit.
In California, the statute of limitations for most personal injury cases is generally two years from the date of the injury. However, statutory limitations can vary based on the nature of the case and applicable law.
Statutes of Limitations for certain types of cases:
It is important to speak with an attorney soon after sustaining an injury due to time limitations. The following are some of the most common statutes of limitations:
Injury to Person(s) – 2 years
Trespassing – 3 years
Fraud – 3 years
Libel/Slander – 1 year
Damage to Personal Property – 3 years
Medical Malpractice – 1 year from discovery; 3 years if injury is known
Government Claims – 6 months.
Perhaps you were injured due the fault of a government/state employee. When you bring a lawsuit against a government agency an administrative claim must be filed with the government office or agency before a lawsuit can be filed.