Fight Back Against Personal Injury: Your Path to Justice Starts Here
Accidents may lead to the most devastating personal injuries and could leave the victim scarred for life. After an injury, you may face mounting medical bills, lost wages due to missed work, and physical and emotional pain and suffering. Whatever the circumstances, if you are suffering due to the negligence of another, you may be entitled to financial compensation.
With the help of a Los Angeles personal injury attorney, you can fight for the compensation you deserve. The process involves proving fault, documenting damages, and negotiating with insurance companies or opposing counsel. With various types of personal injury cases, including car accidents, slip and fall incidents, and medical malpractice, knowing one’s rights and options is important.
Quick Summary
Below is an overview of the key points of this article.
- Personal injury refers to the injury suffered due to someone else’s negligence or intentional actions. This can result from various incidents like motor vehicle accidents, slips and falls, medical malpractice, or product liability. Common injuries from these accidents include bone fractures, nerve damage, spinal cord injuries, and traumatic brain injuries. Personal injury cases can also involve severe outcomes such as wrongful death or loss of limbs.
- Liability for personal injuries can fall on a range of individuals and organizations, including vehicle owners, businesses, and government agencies. In California, you have two years from the date of the accident to file a personal injury claim, though this period can be extended in certain circumstances. Exceptions to this rule include cases involving minors, mental incapacity, bankruptcy, military service, and specific deadlines for claims against government entities.
- To file a personal injury claim in Los Angeles, start by gathering evidence. Seek medical treatment for your injuries and consult with a personal injury attorney to understand your legal rights and options. Your attorney will then file a claim with the responsible party’s insurance company and negotiate a fair settlement. If a settlement cannot be reached, your lawyer may advise taking legal action by filing a lawsuit. To win a personal injury case, you must prove that the other party owed you a duty of care, breached that duty, directly caused the accident, and resulted in legal damages such as medical expenses and lost wages.
- To strengthen your personal injury claim, your lawyer will gather and organize all evidence, including physical items, witness statements, expert opinions, and medical records. They will also collect photos, videos, and descriptions related to the accident, as well as statements from friends and family, work records, and accident reports. If successful, you may recover compensation for medical expenses, lost wages, property damage, pain and suffering, loss of consortium, and in some cases, punitive damages.
- You can still receive damages even if you are mostly at fault for an accident, thanks to the pure comparative fault rule. Your compensation will be reduced by the percentage of your responsibility, so if you are 25 percent at fault, a $100,000 award will be reduced to $75,000.
What is Personal Injury?
Personal injury refers to an injury or harm suffered by an individual as a result of the negligent or intentional actions of another person or entity. Personal injury cases can arise from a wide variety of circumstances, including but not limited to:
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Premises liability
- Wrongful death
What Types of Injuries Do Los Angeles Accidents Cause?
A person’s injuries will depend on the type of accident they were involved in. The following are some of the most common injuries suffered by accident victims:
- Bone fractures
- Loss of limbs and amputations
- Nerve damage Internal organ damage
- Paralysis
- Burn injuries
- Chest injuries
- Traumatic brain injuries and other head injuries
- Spinal cord injuries
- Whiplash and other neck injuries
- Back injuries
- Trauma to the eyes and face
- Hearing loss
- Crushing injuries
- Joint injuries
- Wrongful death
Accidents can be very upsetting, and it’s normal to feel overwhelmed at first. You don’t have to deal with this on your own. Contact the best personal injury lawyers in Los Angeles to talk about your case. They will assist you in getting back your medical costs and any other losses you’ve experienced.
Who Can Be Held Liable for My Accident and Personal Injuries?
Some of the different individuals and organizations that can be liable for accidents and personal injuries include, but are not limited to:
- Owners of cars or other property
- Businesses that rent out space
- Parents if the at-fault party is a minor
- Service groups that manage buildings or parks if their carelessness leads to an accident
- Employers whose workers cause accidents
- Companies on job sites that make products or offer services to others
- Government agencies responsible for maintaining streets and public areas (they can be held accountable for unsafe conditions)
- Government agencies that oversee certain industries, like trucking (if they fail to spot unsafe conditions, they can be liable for resulting injuries)
- Manufacturers responsible for injuries from faulty designs or production of parts or products
- Repair services that make faulty fixes to vehicles or other products can also be liable if these repairs cause accidents
The main advantage of hiring a Los Angeles personal injury lawyer is that they know how to find and hold all the people responsible for the accident. Often, victims don’t realize how many others might be at fault.
How Long Do I Have to File a Lawsuit for My Accident in Los Angeles, California?
In California, you have two years to file a personal injury claim if you are 18 or older. If you don’t file within two years after your accident, you might lose your right to get compensation. There are some exceptions to this two-year rule, including:
- When a child under 18 gets hurt in an accident, the two-year deadline to file a lawsuit doesn’t start until they turn 18. They then have until their 20th birthday to file.
- If the at-fault party leaves the state, is in prison, or is found to be insane, the deadline can be paused until they return, are released, or regain their sanity.
- The deadline can also be paused for victims who are unable to take legal action due to mental incapacity. For example, if someone is in a coma, they can file a lawsuit once they wake up, even if it’s past the two-year mark.
- If the at-fault party files for bankruptcy, the court may pause the legal action until the bankruptcy case is finished.
- If the victim is on active military duty, their deadline can be paused for the time they are serving.
- If a victim dies within six months after the deadline ends, their representative has six more months to start legal action on their behalf.
- An important exception involves the California Tort Claims Act (CTCA). This law limits how people can sue state government agencies and requires filing claims with these agencies within six months of the accident for personal injury, wrongful death, or property damage.
How Do I File a Personal Injury Claim in Los Angeles?
Each personal injury case is unique. Therefore, your case could include additional steps. Filing a personal injury claim in Los Angeles typically involves the following steps:
- Gather Evidence. Gathering evidence means collecting important information about the accident. This includes taking photos of the scene, getting medical records, and obtaining statements from witnesses who saw what happened.
- Seek Medical Treatment. If you have not already done so, seek medical treatment for your injuries as soon as possible. This will help you recover and provide evidence of the extent of your injuries.
- Consult With a Personal Injury Attorney. It is highly recommended to consult with a Los Angeles personal injury attorney who can advise you on your legal rights and options and help you navigate the claims process.
- File a Claim. Once you have gathered all the necessary evidence and clearly understand your legal rights, your personal injury attorney will file a claim with the insurance company of the party responsible for your injuries.
- Negotiate a Settlement. Negotiating a settlement means your personal injury lawyer will work with the insurance company to get you fair compensation for your injuries and damages. They will handle the discussions to make sure you receive the amount you deserve.
- Take Legal Action. If you can’t agree on a settlement, your lawyer might suggest taking legal action. This could involve filing a lawsuit in court to get the money you need for your injuries.
How Do I Establish Negligence in My Personal Injury Case?
In a personal injury lawsuit in California, the person who is injured (the plaintiff) must prove that someone else is at fault. To get a settlement or win a verdict, you need to show four main things:
Duty of Care Owed
First, the other party must have had a duty to keep you safe. For example, drivers must be careful to protect others on the road. Similarly, property owners must ensure their place is safe for customers and visitors. They should take reasonable steps to prevent accidents, similar to what other careful property owners would do in the same situation.
Duty of Care Breached
The second part of a successful personal injury claim is proving that the other party failed to meet their duty to keep you safe. For example, if a driver does things like texting while driving or running a red light, they are not fulfilling their duty to drive safely.
Direct cause
The third part of a personal injury claim is showing that the other party’s failure to keep you safe directly caused the accident. For example, if a speeding driver loses control and crashes into you at an intersection, their careless driving directly causes your accident.
Legal Damages
Lastly, you need to show that you’ve had losses that the law recognizes to win a personal injury claim. These usually include medical bills, lost wages, and physical and emotional pain. If your property is damaged in the accident, like your car in a car crash, that can also be included.
How Can I Strengthen My Claim?
To get a fair verdict or settlement, you need a strong claim that shows the other party’s fault and the losses you’ve suffered. Your personal injury lawyer will collect and organize all the evidence to back up your story of what happened. This can include:
- Any physical evidence collected at the scene
- Statements from people who saw the accident
- Opinions from experts on relevant topics
- Photos and videos from the accident scene, including security cameras, dash cams, and bystander recordings
- Your own description of what happened
- Your medical records related to the accident
- Your doctor’s notes on your injuries, treatment so far, and any ongoing medical needs
- Statements from friends and family about how the accident has impacted your life
- Your work records and pay stubs
- Models showing how the accident happened
- The police or accident report
What Compensation Can I Get From My Personal Injury Case?
If you are successful in your personal injury case, you may be able to recover compensation for a variety of losses and expenses, including:
- Medical Expenses. This includes the cost of all medical treatment related to your injuries, including hospitalization, doctor’s visits, physical therapy, and prescription medications.
- Lost Wages. If you were unable to work as a result of your injuries, you may be able to recover the wages you would have earned if you had not been injured.
- Property Damage. If your personal property, such as your car, was damaged in the accident, you may be able to recover compensation for the cost of repairs or replacement.
- Pain and Suffering. You may be able to recover compensation for the physical and emotional pain and suffering you experienced as a result of your injuries.
- Loss of Consortium. If your injuries have affected your ability to have a normal relationship with your spouse or partner, you may be able to recover compensation for this loss.
- Punitive Damages. In some cases, the court may award punitive damages in addition to compensatory damages; these are intended to punish the defendant for particularly outrageous behavior and acts to deter the defendant and others from engaging in similar conduct in the future.
The amount of compensation you are awarded will depend on the specific circumstances of your case, including the severity of your injuries and the extent of your losses. A Los Angeles personal injury attorney can help you estimate how much you may be entitled to and how to claim it.
What If I’m partially Responsible for My Injuries?
California follows a rule called pure comparative fault. This means that even if you are mostly at fault for an accident, you can still get damages. This is different from states with modified comparative fault rules, where you can’t get any damages if you’re 50 percent or more at fault.
In California, as of this writing, everyone who contributed to the accident shares responsibility for paying the victim. However, your compensation can be reduced based on how much you were at fault. For example, if you get $100,000 in damages but are 25 percent responsible, your award will be cut by $25,000, so you’ll get $75,000.
Why Do I Need a Los Angeles Personal Injury Attorney?
Having a Los Angeles personal injury attorney on your side is important to ensure that you receive the proper legal representation and advice. They are skilled in the field of personal injury law and have the experience necessary to fight for your rights and get you the compensation you deserve.
Retaining a personal injury attorney can greatly benefit an individual who has been injured in an accident. The attorney, who is experienced in the legal aspects of personal injury cases, can help with the following:
- Navigating the legal process.
- Dealing with insurance companies and ensuring that the injured person receives fair compensation.
- Gathering and presenting evidence to build a strong case.
- Representing the injured person in court, if necessary.
- Explaining the injured person’s rights and options to make informed decisions.
- Shouldering the legal burden and reducing stress for the injured person to focus on recovery.
Achieving Justice in Los Angeles Personal Injury Cases
Handling a personal injury case requires not only an understanding of the legal system but also a dedicated approach to achieving justice. Conlogue Law LLP stands out as a leading advocate for individuals who have been wronged and need a strong voice. Our commitment to fighting for those who face unjust situations is unwavering.
With a track record of delivering results, our trusted Los Angeles personal injury attorney ensures that each client receives the thorough, compassionate representation they deserve. For those seeking a trusted partner in personal injury claims in Los Angeles, Conlogue Law LLP is the firm of choice.
Our legal team can also assist you with Police Misconduct and Unlawful Search. Reach out today for a free consultation to experience a blend of professionalism and genuine care that sets us apart in the pursuit of justice.
