Here are shortcuts to the specific topics:
- 1. Los Angeles Personal Injury Lawyer
- 2. What is a Personal Injury Lawyer & What Do They Do?
- 3. Do I Need a Personal Injury Lawyer?
- 4. Why Choose Mesriani Law Group?
- 5. How Our Los Angeles Lawyers Help with Personal Injury Claims
- 6. Types of Personal Injury Law Claims
- 7. California Personal Injury Laws
- 8. California Comparative Negligence
- 9. Statute of Limitations on Personal Injury Claims
- 10. What Do I Do If I’m Injured at Work?
- 11. How to Prove Negligence in a Personal Injury Claim
- 12. What Damages Can You Claim in a Personal Injury Claim?
- 13. No Win, No Fee Policy
- 14. Free Consultation with a Los Angeles Personal Injury Lawyer
- 15. Personal Injury Lawyer FAQs
What is a Personal Injury Lawyer & What Do They Do?
A personal injury lawyer provides legal representation to plaintiffs who are claiming physical or psychological injury resulting from negligent acts of another person, business, or entity. Personal injury lawyers help plaintiffs receive compensation for their losses such as loss of income due to inability to work, pain and suffering, medical expenses due to injury, emotional distress, loss of a loved one, and legal fees. Furthermore, they also work to safeguard clients from being exploited by insurance companies and the legal system.
Lawyers specializing in this area handle cases from the beginning through appeal and execute tasks similar to most litigators. These tasks are:
- Investigating claims and screen potential clients to evaluate the merits of their cases;
- Gather evidence, formulate theories, and research case law;
- Drafting pleadings, motions, and discovery requests; and
- Interviewing and deposing witnesses.
These tasks contribute to trial preparation and enable them to fully advocate for their clients before and during the trial. Personal injury lawsuits can be extremely complex which is why lawyers in this field specialize in certain niches, for instance, someone who handles car accident cases might specialize in crash collision incidents.
Do I Need a Personal Injury Lawyer?
Accidents happen at unexpected moments and can cause terrible accidents and injuries and affect our lives in many different ways. If you find yourself involved in an accident, like a vehicular collision or slip and fall, being injured physically and traumatized psychologically is a high chance. This also generally results in having to pay expensive medical treatments and other financial costs.
Moreover, studies have shown that the long-term consequences of the injuries sustained from personal injury accidents are often more dreadful than the immediate effects. These consequences should be considered when determining damages in a personal injury case. The long-term consequences may include:
- Physical impairments: the inability or limited function to do physical activities that use basic motor skills such as walking, running, standing, sitting, bending, lifting, and the like.
- Sensory impairments: the inability or limited function to use the five senses: sight, sound, smell, taste, and touch.
- Psychological impairments: the trauma, depression, and anxiety brought by the aftermath of the accident which results in insomnia, mood disorders, phobias, and the like.
- Financial impairments: the expensive on-going medical treatments, long lasting medical debts, and inability to work.
Usually, when personal injury accidents happen, accident insurance should give us some security but then again at times insurance companies will try to slip away from their responsibilities leaving the person helpless. Take for example, an insurance representative offering to settle a personal injury claim for much less than what the injured person deserves. If this happens, a professional Los Angeles personal injury lawyer will know exactly what to do to help you. They can help you by:
- accurately determine the compensation that you most deserve based on all of your damages plus pain and suffering that developed out of the accident which includes the long-term consequences;
- negotiate with the insurance company to secure the best settlement for you;
- provide medical professionals that help alleviate your injuries and long-term consequences; and
- handle your case on a contingency basis to prevent further worry on the financial obligation to pay for the legal fees.
Why Choose Mesriani Law Group
How Our Los Angeles Lawyers Help with Personal Injury ClaimsAccidents happen unexpectedly and typically result in damages and injuries. If you find yourself in an accident, the best step you should take is to consult with a personal injury attorney. Mesriani Law Group’s personal injury attorneys are dedicated to helping you file a claim and get the maximum compensation you deserve. Below are the main steps you must take to get the most out of your case.
FIRST STEP: Determine if you have a claim
You must first prove that the other party or defendant was negligent resulting in your injuries. An example of negligence would be if a person failed to stop at a stop sign which in turn caused a vehicular crash injuring the driver, or an establishment carelessly mopping their floors and failing to put a caution cone causing an unfortunate slip and fall injuring any passerby.
SECOND STEP: Know your injuries and damages
By determining your property damage and physical injuries, you now know what to claim. The damages, injuries, pain and suffering you experienced due to the accident will matter greatly in monetizing your demand against the party at fault.
THIRD STEP: Gather evidence to support a claim
After the accident, it is crucial to gather evidence as soon as possible, this is to ensure that you have a concrete basis on your claims. An example would be a car accident, the evidence includes a witness statement, pictures of the damages, the license plate of the cars involved, and so on.
FOURTH STEP: Secure liability
There are instances that it is unclear who is at fault or liable for the damages and injuries of the plaintiff if there are multiple people involved in the accident. This makes the filling and sustaining of a personal injury claim complicated, making it the best move to seek guidance from an experienced Los Angeles personal injury attorney at Mesriani Law Group.
FIFTH STEP: Negotiate a settlement
Once the damages and injuries that you sustained are calculated, your lawyer will start to negotiate a settlement for your compensation. Depending on the situation this process can be quick and easy, but there are times that the insurance company refuses to settle. If this happens, Mesriani Law Group will make sure that the insurance company does not use bad faith insurance tactics while making sure that you get the maximum compensation that you deserve.
California Personal Injury Laws
California personal injury law establishes the legal structure governing civil liability for injuries caused by negligence, intentional or not, by the party at fault. It is important that you understand your rights and how to properly file a claim, and here are some of the most important laws that may impact your personal injury claim.
I. Car Accidents
The state of California is a fault-based car accident, which means that after a car accident the insurance companies investigate who is the party at fault that caused the crash, and the car insurance company pays for the damages based on who is found at fault. The California law states that even when a plaintiff contributed to his or her accident, the courts will still award some compensation.
II. Premises Liability
This refers to the liability of property owners and those responsible for the premises for injuries and damages that arise due to their negligence. Premise liability claims include slip and fall accidents, construction accidents, dog bites, and injuries caused by negligent or intentional misconduct by a third person.
In determining which party is liable for damages the important elements are ownership, possession, and control of the premises. If these elements are not present, then the party has no duty to practice reasonable care. On the other hand, owners or possessors of the property are responsible to act reasonably to keep the property or premises safe and prevent others from being harmed.
III. General Negligence
California law states that parties at fault for general negligence accidents are liable to the victims under the legal theory of tort of negligence, which is the failure of the person or entity to practice reasonable care or caution in performing any rights or obligations. Therefore, if you are injured by another person’s negligence you have a right to claim compensation for the resulting injuries and damages you’ve sustained.
IV. Wrongful Death
Wrongful death is a legal term that describes the death of a person through an accident caused by negligence or misconduct of another person, establishment, or other similar entities. A wrongful death claim gives family members the right to seek financial damages from the party responsible for their loved one’s demise. This claim in California comes with a unique law that does not apply to other types of injury cases, such as instead of having a time limit of two years from the date of the accident, it would be two years from the date of the wrongful death to bring a civil claim. Only the departed’s spouse, domestic partner, child, parent, or someone entitled to the departed’s estate through intestate succession, has the right to file a wrongful death claim.
California Comparative Negligence
Comparative negligence reduces the number of damages that a plaintiff can recover in a negligence-based claim which is based upon the level to which the plaintiff’s negligence contributed to causing the injury. The negligence of a party does not hinder all recovery, but the recovery is reduced based on the level of relative negligence. For instance, a defendant who is only 20 percent at fault for bringing about a car accident will only be 20 percent liable for the award that a plaintiff receives.
The fundamental quality of comparative negligence is holding all liable parties for no more than their actual percentage of fault. As well as, for a plaintiff to possibly recover all damages in an award from any, all, or even just one defendant regardless of their relative level of blame in a joint or several liability case.
Statute of Limitations on Personal Injury Claims
This refers to the time limit to file a lawsuit after a person has suffered harm. The statute of limitations for most personal injury claims in California is two years from the date of the accident to file a lawsuit. If the injury is not known, the victim has one year from discovering the injury to file the lawsuit. Then if the accident is filed against a government entity, the plaintiff must file an injury claim within six months and follow specific procedural rules.
There are some exceptions to the rule, such as if the plaintiff is a minor the family will have two years from the date when the child turns 18 to file a personal injury claim, even if this is longer than two years from the date of the accident.
Injured at Work, What to Do?
Accidents may happen at any unforeseen time, and as such there are cases wherein you might experience a personal injury accident while at work. Injuries at work are not just the ones that take place inside offices, it can include injuries that take place outside like when you are in traffic or inside other establishments, as long as the reason for being there is work-related or within your work hours. For example, an employee who went to the bank as part of his or her job and experienced a slip-and-fall accident. The employee may have both a personal injury case and worker’s compensation case which may entail him or her to seek a Personal Injury lawyer or Work Injury lawyer to better secure maximum compensation for his or her claim.
The basic principle in any legal claim rests in the fact that the accuser (the plaintiff) should prove his/her claim against the person being accused. This is also relevant in general negligence lawsuits, which is why it is essential to seek consultation and retain a seasoned personal injury lawyer and negligence lawyer to handle your claim for you. To legitimize your claim, your lawyer would need to prove four main elements to obtain a settlement on your behalf:
- Duty– evidence that the accused party (defendant) owed a legal obligation or duty of care to you under the circumstances;
- Breach– evidence that the accused party (defendant) breached his or her legal duty by intentionally or carelessly acting a certain way that would otherwise result in negligence;
- Causation– the conduct or misconduct of the party involved that caused the injury of the accused (plaintiff);
- Damages– evidence that you were harmed due to the negligence of the accused party (defendant).
These main elements can be proven by providing evidence, examples of which include, but are not limited to, as follows:
- Pictures and/or videos of the accident;
- Pictures, medical records, and witness declarations of the injuries that you suffered;
- Police reports or incident reports showing the accident or its aftermath;
- Medical bills and proof of loss of income that shows the value of your claims.
What Damages Can You Claim?
If your injuries are due to the negligence of another person, you have the right to seek compensation for any physical injuries or damages that you’ve suffered, which includes:
- Property damage;
- Pain and Suffering;
- Actual and future medical care and cost;
- Loss of earnings claim if employed;
- Loss of prospective revenue if operating a business; and
- Non-economic losses.
No Win, No Fee Policy
Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents as well as employment and labor law violations in California. Through our wealth of experience, we understand that the main reason why victims of accidents or unjust treatment by employers are hesitant to file cases or claim damages against the parties at fault and is because of the high legal fees.
To resolve this matter and help more people get the best compensation they deserve against the people who caused their injuries, pain and suffering, and losses, we decided to offer a No Win No Fee guarantee to all our clients. This means that you don’t have to pay us anything for our top legal services, regardless of the complexities of your claims, if we are not able to provide you with the justice you deserve.
We offer this because we are confident that our experience, expertise, and dedication will always translate to getting the maximum compensation you deserve at the swiftest possible time. Call our top personal injury attorneys right away for your personal injury accidents or our best employment and labor law attorneys in California for any employee-related concerns and we’ll assure you of nothing but the best legal service and personalized client care you deserve.
Free Consultation with a Los Angeles Personal Injury Lawyer
Personal injury cases can be complicated, and attempting to negotiate your claims on your own is the worst move you can make. You need an experienced and qualified attorney to represent you for your Personal Injury claims. Mesriani Law Group’s personal injury attorneys have successfully represented victims of personal injury cases throughout the state of California for over two decades. Our top-notch and dedicated personal injury attorneys are driven to protect your rights and represent you from start to finish of your claims, giving you the maximum compensation that you deserve.
With a No Win, No Fee policy for all our clients, you don’t have to worry about high legal fees to file claims against other parties. If we don’t win your case, you don’t have to pay us anything.
Let us focus on winning your case while you focus on moving forward! Call Mesriani Law Group now at (310) 826-6300 or message us online to schedule a FREE consultation.
Who can file an injury claim?
Under personal injury law, the person who suffered an injury due to the negligence of another person or entity may file an injury claim. Each state has different laws that determine what qualifies as personal injury. To confirm better whether your situation qualifies under California law, contact our personal injury attorney at Mesriani Law Group for a free consultation.
When should you contact a personal injury lawyer?
As soon as the accident happens, if physically possible, it is best to seek consultation with a personal injury lawyer. Retaining the right personal injury lawyer can mean the difference between financial recovery and downfall.
What kind of cases do personal injury lawyers handle?
A personal injury case can come from any kind of accident or incident, the common kinds are:
- Bicycle Accident
- Burn Injury
- Bus Accident
- Car Accident
- Construction Accident
- Dog Bite
- General Negligence
- Motorcycle Accident
- Pedestrian Accident
- Slip and Fall
- Medical Malpractice
- Premises Liability
- Work injury
- Wrongful Death
What is fair compensation for personal injury?
To determine if your settlement offer is considered fair compensation, a reasonable approach used is the multiplier method or the per diem method to get an estimate. For example, if a plaintiff suffers $2,000 in medical bills, he or she might multiply that by three, and conclude that $6,000 represents fair compensation for his or her personal injury.