Personal injury accidents can result in serious injuries. When another party’s negligence or reckless conduct causes harm, they may be liable for the resulting damages, like medical expenses, lost wages, and other costs.
However, there may be some hurdles along the way, leaving many personal injury victims confused and frustrated. Here are some questions that may arise after being involved in a personal injury accident. For further explanation or details specific to your circumstances, contact an experienced Los Angeles personal injury attorney.
What Types of Personal Injury Claims Do Attorneys Handle?
Personal injury law covers a wide spectrum of case types, so not all law firms will specialize in the same practice areas. Generally, a personal injury attorney can handle the following types of accidents:
- Car accidents
- Uber accidents
- Lyft accidents
- Motorcycle accidents
- Commercial truck accidents
- Pedestrian accidents
- Bicycle accidents
- Electric e-bike accidents
- Medical malpractice
- Dog bites
When Is the Best Time to Contact Los Angeles Personal Injury Lawyers?
Because the resulting injuries and damages vary in every personal injury case, it is best to consult with a Los Angeles personal injury attorney as soon as possible.
Many law firms offer free consultations to prospective clients, so there are no risks in at least speaking with an attorney.
Doing so will not only provide professional legal insight into the case proceedings but also address any concerns a victim may have. Furthermore, time restrictions limit how long someone has to take legal action against another party under California personal injury laws.
The Statute of Limitations in California
State laws restrict the length of time to file a personal injury lawsuit. This is referred to as the statute of limitations, and it typically grants potential plaintiffs two years to pursue a legal suit, but there are exceptions. The right to file will be lost once the statute expires, so it is crucial to ensure that such details are confirmed well beyond the deadline.
How Much Does It Cost to Hire a Personal Injury Attorney?
There is no set fee for how much personal injury attorneys charge. However, common billing structures will either be a flat rate, hourly fee, or contingency fee.
Flat Rate
- Definition: A fixed fee agreed upon upfront for the entire case
- Pros: Establishes transparency for the client
- Cons: Can be costly and does not guarantee a win
Hourly Rate
- Definition: A set amount per hour of work
- Pros: Beneficial for minor, less complex personal injury cases
- Cons: Can be unpredictable in terms of the final cost, especially for lengthy, complex cases
Contingency Fee Basis
- Definition: The attorney receives a smaller percentage, ranging from 30% to 33%, of the settlement or verdict only if the case is successful
- Pros: No upfront costs for the client, and the attorney has a stronger incentive to win
- Cons: There are no guarantees, but the client will not owe any outstanding fees
What Types of Injuries Qualify for Compensation
Under California law, compensation can be sought for various physical injuries and emotional trauma through personal injury claims. The most common examples include, but are not limited to, the following:
- Broken bones: Fractures of any kind
- Soft tissue injuries: Sprains, strains, and contusions
- Burns: Thermal, chemical, or electrical burns
- Head injuries: Concussions, traumatic brain injuries, and skull fractures
- Neck and back injuries: Whiplash, herniated discs, and spinal cord injuries
- Amputations: Loss of limbs
- Organ damage: Internal injuries and pierced organs
- Post-traumatic stress disorder (PTSD): Psychological trauma resulting from the accident
- Anxiety and depression: Mental health conditions and emotional distress caused by the accident
- Loss of enjoyment of life: Inability to participate in activities or hobbies due to the injury
- Pain and suffering: Physical and emotional discomfort caused by the injury
The goal of a personal injury lawsuit is to hold the responsible party accountable for the harm caused, taking into account the incurred medical bills to treat injuries, both physical and psychological.
Regardless of what the insurance company may try to argue, direct and foreseeable consequences can be compensated by the liable party in personal injury cases. A Los Angeles personal injury lawyer can assist victims in recovering the compensation they deserve.
How Much Is a Personal Injury Case Worth?
There is no exact average amount for personal injury settlements, as every case is unique and based on overall losses. Essentially, the greater the damage, the greater the case value.
However, studies have shown that the median award for personal injury cases is $31,000. Again, compensation may be more or less, depending on each case. A “successful personal injury claim” is one that fully compensates the victim for their damages, taking the following into account:
- Prompt medical care: Immediate and appropriate medical attention is received
- Comprehensive treatment: Necessary medical treatment and procedures are provided without delay
- Maximum compensation: Fully accounts for both current and future damages
- No unpaid medical bills: No outstanding medical expenses
- Fair evaluation: Based on the actual hardships experienced, not an insurance adjuster’s assessment
To recover maximum compensation and facilitate a full recovery, it is essential to work with a skilled and experienced personal injury attorney.
Is the Final Settlement Taxed?
No, settlement offers are not subject to California’s income tax laws. The final award will not be taxed because the state does not have separate tax regulations for personal injury lawsuits.
What Are Damages, and What Kind Can I Get?
In a personal injury lawsuit, “damages” is the financial compensation a court awards to a plaintiff, or the injured victim, who suffered harm or losses due to the other party’s negligence.
Damages are intended to make victims whole again, taking into account injuries, physical and psychological pain, and financial losses. There are two main types of damages in a personal injury lawsuit: economic and non-economic.
Economic damages are designed to compensate for financial losses, while non-economic damages are intended to compensate for intangible losses. Common examples that may be awarded in a personal injury lawsuit include:
- Medical treatment: The cost of current medical care necessary to heal from injury and future medical expenses to maintain recovery
- Lost wages: Any lost income from missing time from work or loss of earning potential due to permanent or serious injury
- Property damage: Reimbursement for the repairs costs or replacement of damaged belongings
- Pain and suffering: Mental and physical anguish caused by the personal injury accident
Can a Los Angeles Personal Injury Attorney Assist with Wrongful Death Cases?
Yes. Similar to personal injury cases, the wronged party is owed damages. Therefore, personal injury attorneys can assist surviving family members in recovering fair compensation for the damages they sustained after losing a loved one. What can be compensated will vary depending on the circumstances. This may include the following:
- Loss of earning capacity: The amount of money the deceased would have earned in a lifetime
- Medical expenses: Medical bills incurred by the deceased before the death
- Funeral and burial expenses: Any costs associated with the deceased’s funeral and burial services
- Loss of companionship: Losing the deceased’s love, affection, and companionship
- Loss of consortium: Loss of intimacy and the relationship with a partner
- Pand and suffering: Emotional distress experienced by the surviving family members
- Loss of future inheritance: Losing financial support the deceased would have provided to the family
The purpose of wrongful death lawsuits is to compensate families for their losses and to hold the responsible party accountable. Because these types of personal injury lawsuits are so costly to an insurance company, it is often difficult for families to recover fair compensation, prompting the need to work with the best personal injury lawyers in Los Angeles.
How Is Fault Proven in California?
In a California personal injury lawsuit, the injured party must prove the defendant’s fault. Therefore, to secure a settlement or verdict, the four key elements must be demonstrated:
- Duty of Care: The defendant owed you a reasonable duty of care.
- Breach of Duty: The defendant negligently failed to fulfill this duty.
- Causation: The defendant’s breach directly caused the accident that led to the injury.
- Damages: Injures and other losses were suffered due to the defendant’s actions (medical bills, lost wages, pain and suffering).
A skilled Los Angeles personal injury lawyer can effectively handle this task by demonstrating negligence and persuading a judge or jury.
What Should I Do After a Personal Injury Accident?
While every personal injury accident is different, the procedures for how to best handle them are similar.
1. Report the Accident
Call 911 to report the accident and request help if the vehicle cannot be moved or if immediate medical attention is required. A police report will be generated and must be obtained once completed to use as evidence.
2. Gather Evidence at the Accident Scene
Document the incident, including location, time, date, and names involved, including witnesses. Before leaving, take photos and videos of the accident scene, like property damage, injuries, and overall setting.
3. Seek Medical Attention
Health should always be prioritized, so consult a doctor, even if injuries are non-apparent or appear minor. Undiagnosed or delayed injuries may have been sustained, so it is always best to be cleared by a medical professional. Also, delaying medical care can jeopardize most personal injury claims, giving the impression that the injury is not severe.
4. Avoid Discussing the Case
Do not admit fault for the accident, and refrain from discussing case details, especially with the other party’s insurance company. Even sharing information about a personal injury accident with friends on social media can affect compensation or the overall case outcome.
5. Consult a Los Angeles Personal Injury Lawyer
Obtain legal representation as soon as possible, even if it’s just for a free consultation. The case evaluation will offer insight into case value, expectations, turnaround time, and address any concerns.
Do I Need a Los Angeles Personal Injury Attorney?
To secure a favorable verdict or personal injury settlement, a compelling case must be presented that clearly establishes the opposing party’s liability and quantifies the resulting damages. An experienced personal injury attorney can accomplish this while guiding clients through the legal process. This will include obtaining the following documents and evidence, allowing clients to focus on their recovery.
- Eyewitness accounts
- Expert testimony
- Photos and videos from the accident
- Medical records
- Doctor’s testimony
- Testimony from loved ones of the accident’s impact
- Work records and pay stubs
- Accident recreation models
- Police or accident report
A dedicated legal team will diligently gather and organize all relevant evidence to support a client’s claim and provide a persuasive narrative of the events leading to the injury.
How Do I Locate a Quality Attorney?
There are many accomplished and qualified personal injury law firms across Los Angeles County that can help clients recover maximum compensation. However, narrowing down which option is most appropriate for each individual will vary. Consider the following:
Practice Areas
Experienced personal injury lawyers can handle many cases, like auto accidents, workplace accidents, medical malpractice, and product liability. Ensure the selected attorney specializes in a case similar to yours.
Also, refer to the State Bar of California website to confirm the attorney is licensed and has not been disciplined for any misconduct. The database will also list where each attorney attended law school and when they were admitted to the State Bar.
History of Success
Research professional background by referring to LinkedIn to see what other legal professionals or colleagues have to say.
Other review outlets are Google Business, Yelp, and the law firm’s website. These sites will present feedback from past clients, indicating what is expected after hiring.
While no record is entirely perfect, a good track record of winning, paired with a strong reputation from the community, speaks volumes.
Eagerness to Introduce Themselves
Some California law firms offer a free consultation to prospective clients. This is not only financially helpful, but it allows each individual to get acquainted with the legal team that may be working on their personal injury case.
The initial consultation and first impression are vital and will bring to question: Have I been provided more clarity than when I first scheduled the meeting? Do I feel comfortable working with this attorney? Does this attorney seem sincerely interested in my well-being?
Talk to the Top Los Angeles Personal Injury Law Firm Today
The physical, financial, and emotional consequences of a personal injury caused by someone else’s negligence are devastating and unfair.
To overcome these new challenges presented before you, allow the top-rated personal injury law firm in Los Angeles, Angeleno Accident Lawyers, to advocate for your rights.
Adequate compensation through a successful personal injury claim is essential for full recovery, but this is difficult to obtain without the right resources.
Schedule a free consultation today so we may address your concerns and set you on the path to recovery.
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