Los Angeles Personal Injury Lawyer

The Timeline of a Personal Injury Lawsuit

The personal injury claim process is complex and can take as long as several years to fully play out before an award is recovered by an injured party. There are several steps in the personal injury lawsuit timeline:

1. Medical Recovery: The first step after getting into an accident that results in injury is seeking immediate medical attention to ensure health and wellbeing.
2. Attorney Research: Once injuries have been attended to, it is time to seek out legal assistance. This period is critical to finding the right personal injury lawyer to attend your specific case. They will listen to your claim and determine if there is a viable case while the injured party does their due diligence to ensure that the lawyer is a good fit for the victim.
3. Initial Investigation: Once a personal injury lawyer has been hired on, they will start their investigation. During this period, they will gather evidence, support the victim’s path to recovery, and ensure that the personal injury claim moves forward towards reaching a settlement.
4. Settlement Negotiations: Once the investigations are completed and all the relevant evidence is gathered, the lawyer will start negotiating with insurance companies on behalf of their client.
5. Preparation of Lawsuit: If a settlement can’t be reached, the personal injury lawyer will start to prepare for trial. They will build the strongest case possible using all available resources and evidence to ensure victory in court.
6. Filing Lawsuit and Serving Defendants: When ready, the lawsuit will be filed, and the defendants will be served. This will give the defendants a time and place where they are able to provide their arguments against any liability in front of a judge and jury.
7. Discovery and Pretrial: Before facing the court, both sides of the lawsuit are able to seek out facts about the case that may strengthen their claim. This step can take several months and includes depositions and interrogations of witnesses.
8. Mediation and Negotiation: After discovery is completed, negotiations continue with any newfound information that has come to light. If needed, mediation from a third party can be brought in to help expedite the case.
9. Trial: If mediation and negotiations fail, the case is scheduled for trial. This trial can last from a day to over a week depending on the complexity of the case. During this time both sides of the lawsuit present their case in front of a judge or jury who will determine liability and the resulting award.
10. Disbursements: Once an award has been determined, the funds will need to be disbursed to the victim within 30 days.

 

California Personal Injury Laws

California personal injury laws establish the legal structure that governs civil liability for injuries caused by negligence, regardless of if that negligence was intentional or not. These laws can be complex, but they are important to understand to protect a victim’s rights and know how to properly file a claim. Here are some of the most important personal injury laws that may impact your personal injury claim.

1. Car Accidents

In an at fault state like California, insurance companies investigate who the party responsible for the crash was before paying for any damages. California’s comparative negligence laws state that a plaintiff can share liability when they contribute to their accident which can result in compensation being reduced by the amount of liability shared. Within California driving code, there are several laws that dictate how drivers must act when on the road that helps determine liability. Drivers have a duty of care to follow these laws and when they are violated and result in an accident, the guilty party is usually found liable.

1. Premises Liability

Premises liability law is the realm of law that holds property owners and managers responsible for any injuries and damages that arise due to their negligence. Premise liability claims typically include slip and fall accidents, trips, construction accidents, dog bites, and injuries that were the result of negligent or intentional misconduct by a third person.

When determining liability, the most important elements of a premises liability claim are ownership, possession, and control of the premises. If these elements are not present, then the defendant has no duty to practice reasonable care. Only individuals who own, possess, or manage a property have a duty to act reasonably to maintain a safe property and take reasonable steps to prevent people from being harmed while on site.

1. General Negligence

California law states that parties at fault in general negligence claims are responsible under the legal theory of tort of negligence. This covers situations where there is a failure by a person or entity to practice reasonable care or caution in performing any rights or obligations. By these standards, if you are injured by another person’s negligence, you have a right to just compensation for the resulting injuries and damages you’ve sustained.

1. Wrongful Death

Wrongful death occurs when a person dies as a result of an accident caused by the negligence or misconduct of another person, establishment, or other similar entities. A wrongful death claim provides family members with the right to recover damages from the party responsible for their loved one’s death. In California this claim comes with a unique set of circumstances that does not apply to other types of injury cases. Instead of having a statute of limitations of two years from the date of the accident to bring a civil claim, it would be two years from the date of the wrongful death. Only the deceased individual’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.

Read more: What are California Personal Injury Laws?

 

What Do I Do If I’m Injured at Work?

Accidents can happen at any time including when an individual is at work. Injuries sustained on the job are not limited to those that take place while at your place of employment. Workplace injuries include those that take place outside like when you are in traffic or inside other establishments while on the clock. As long as the reason for being somewhere is work-related or within your work hours it counts as a workplace injury. For example, an employee who was in a car accident while traveling to a job site is considered injured on the job. The employee may be able to claim both personal injury and worker’s compensation. Depending on how they proceed, they may need to seek out a personal injury lawyer or work injury lawyer to secure the maximum compensation for his or her claim.

 

Who is Liable for My Personal Injury?

In legal terms, liability is used to ascertain the party deemed responsible for causing injury to another. Often, though not always, fault and liability are synonymous. Determining liability in a personal injury case can be complex as it is not always clear at the time of the accident. An experienced injury lawyer understands how to navigate identifying the responsible party and has the resources to research who should be held liable for injuries sustained. Liability can be determined through an admission of responsibility by one party or may require a jury’s evaluation of the presented evidence.

Various types of torts, classified according to intent, can give rise to liability ^[5]:

1. Negligence: This refers to someone’s unintentional failure to perform their duty of care towards another which results in harm. This type of tort is the most common in personal injury cases.
2. Intentional: These are instances where harm is inflicted deliberately and can potentially lead to criminal charges. Examples of this generally include assault, battery, fraud, defamation, and murder.
3. Strict Liability: Strict liability exists in situations inherently carrying danger regardless of fault or intention. Here, an injured party only needs to prove injury and causation by another party. The most common example of this is product liability, where a company must take all reasonable precautions to ensure that its product does not harm consumers.

Given the complexity of determining liability, the services of a personal injury attorney in Los Angeles should be enlisted to identify liable parties if there is any doubt.

 

Who Can Be Liable in a Personal Injury Lawsuit?

There are a broad range of parties that can be held liable in a personal injury claim. This typically depends on the specifics of the accident. Liable parties can include any of the following individuals:

1. Drivers: If a driver fails to uphold their duty of care to follow safe driving practices which then results in an accident that causes injury, they can be held liable.
2. Property owners: If a property fails to ensure the safe occupation of their premises within reason, they can be held liable for unsafe conditions.
3. Business renting spaces: Similar to property owners, property managers and businesses in control of a space can also be held liable if the space was not maintained properly and leads to an accident.
4. Parents: If an accident was caused by an underage child, the parents would be held liable.
5. Service organizations: If the negligence or actions of an organization contributed to an accident, they can be held liable.
6. Employers: Employers can be held responsible when employees are in accidents during work-related tasks.
7. Governmental agencies: The government could be liable for unsafe conditions in areas they are responsible for, such as streets and public places. They might also be held responsible for not identifying unsafe or hazardous situations in industries they oversee.
8. Manufacturers: Product manufacturers can be held responsible for injuries caused by faulty design or manufacturing of their products.
9. Repair services: If the improper repair of a vehicle or product contributes to an accident, the service responsible for repairs can be held responsible.

Understanding and identifying all potential sources of liability requires expertise, research, and legal experience which highlights the importance of engaging an attorney specializing in personal injury.

 

How to Prove Negligence in a Personal Injury Claim

The basic principle in any personal injury claim rests in the fact that the accuser (the plaintiff) is required to prove his/her claim against the person being accused (the defendant). This is relevant in general negligence lawsuits, which is why it is essential to seek out an experienced personal injury lawyer to handle your claim for you. To legitimize your personal injury claim, your lawyer would need to prove the four main elements of negligence ^[6] to obtain a settlement on your behalf:

1. Duty of Care – Indicates that the accused party (defendant) owed a legal obligation or duty of care to the victim (plaintiff) to prevent harm
2. Breach of Duty – Evidence that the accused party breached his or her legal duty of care by intentionally or carelessly acting a way that could otherwise result in injury
3. Causation – Ties the conduct or misconduct of the accused and shows that their actions caused the injury of the victim
4. Injuries and Damages – Evidence that the victim was harmed due to the negligence of the accused party

These main elements can be proven by providing evidence which include but are not limited to:

• Pictures and/or videos of the accident
• 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

Read more: How to Win Your Personal Injury Claim

Read more: How to Prove Negligence

 

California Comparative Negligence

Comparative negligence establishes that a plaintiff can share liability when it comes to their own injuries ^[7]. If partial liability is assigned to the victim, it reduces the number of damages that a plaintiff can recover in a negligence-based claim. The negligence of an injured party does not hinder all recovery, but damages are reduced based on the percentage of relative negligence assigned to the victim. For example, a plaintiff who is determined to share 20 percent of the fault in a car accident will only be provided 80 percent of the awarded damages. The intent of comparative negligence is to hold all liable parties responsible for only their share of fault.

Read more: What is Comparative Negligence in California?

 

Should I Speak to the Negligent Party’s Insurance?

If you’re involved in an accident and dealing with the negligent party’s insurance company, it’s crucial to exercise caution. Speaking directly with the insurance adjuster without first consulting a personal injury attorney can potentially harm your claim, as they may try to use any statements you make against you to reduce or deny your claim’s value. Remember that an insurance adjuster’s primary job is to settle your case for the least amount possible. They may also offer initial sympathy or assert that you don’t need a personal injury lawyer, but their main objective is still saving the insurance company money.

Several key points to consider when dealing with insurance companies are ^[8]:

1. Don’t give a recorded statement: Insurance adjusters often ask to record your statement, comparing it to medical records or police reports to identify any inconsistencies that could be used against your claim. Therefore, avoid agreeing to any recorded statement without your lawyer’s advice.
2. Risks of Speaking with the Opposing Insurance Company: Insurance companies are invested in their own financial interests, not yours. They may contact you before you’ve had a chance to consult an attorney to seek out information they can use against your claim. Anything said over the phone can serve as a basis for denying your claim or reducing its value.

Also be careful when speaking with your own insurance company. You’re legally required to inform your insurance company about any road accident. Nevertheless, be aware that they might also try to reduce the payout on your claim. Be cautious when providing them with information and limit your responses to basic details.

The process of dealing with insurance companies can be filled with pitfalls. If you’re not fully aware of the potential impacts of your statements or actions, you could accidentally jeopardize your claim. It’s always a good idea to consult an experienced personal injury lawyer in Los Angeles before engaging in discussions with any insurance company.

Read more: Should I Talk to the Other Insurance Company After an Accident

 

What is the Statute of Limitations on Personal Injury Claims

The statute of limitations is a legal term that refers to the time limit imposed on plaintiffs to file a lawsuit after they have suffered harm. The statute of limitations for most personal injury claims in California is two years from the date of the accident ^[9]. If an injury is not known at the time of the accident, the statute of limitations to file a personal injury lawsuit is delayed and starts when a party discovers the injury. If the accident is filed against a government entity, the plaintiff must file a claim within six months and follow specific procedural rules. There are a few other exceptions to the rule:

• 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.
• If a defendant is out of state, the statute of limitations is paused during the defendant’s absence since they can’t be served.

Read more: Personal Injury Statute of Limitations

 

What Damages Can You Claim in a Personal Injury 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 include ^[10]:

• General Damages
  • Physical pain and suffering
  • Emotional distress
  • Reduced quality of life
• Special Damages
  • Costs related to current and future medical treatment and care
  • Lost wages or earning capacity
  • Property damage
  • Therapy costs
• Punitive Damages
  • Awarded as a punishment in egregious cases of negligence

Read more: Damages in a Personal Injury Lawsuit

 

What is a Good Settlement for a Personal Injury?

A good settlement in a personal injury claim is one that ensures that the victim is made whole again and compensated for any damages incurred. It should cover all expenses plus provide recovery for non-tangibles related to an accident or injury like pain and suffering and emotional distress. The most critical aspects include:

1. No Unpaid Medical Bills: A good settlement, at the bare minimum, should ensure that any victim of someone else’s negligence is able to seek immediate and appropriate medical treatment for current and future injuries related to the accident without the victim having to pay out of pocket.
2. Current and Future Suffering: A settlement or outcome of a personal injury lawsuit should ensure that the victim is compensated appropriately for current and future pain and suffering, emotional distress, and hardships. On-going therapy, medicine, or necessary accommodation for temporary or life-long disabilities should be accounted for.

It is important to remember that a good settlement should optimize a victim’s rewarded damages to cover all hardships. This amount should not be dictated in any way by the summary of an insurance adjuster. Hiring an experienced Los Angeles personal injury lawyer can greatly improve the chances of achieving such a settlement by accurately assessing the case’s value and effectively negotiating with insurance companies.

 

What is an Average Personal Injury Settlement?

It’s estimated that 95% of personal injury claims end in a settlement being reached before it goes to trial. The average personal injury settlement varies wildly on several factors like the type of accident, the severity of injuries, and the lasting impacts that the accident had on a victim. An injured party who suffered a broken arm in a car accident with another driver will receive far less than someone who lost an arm on the job in a workplace related accident. Lasting injuries that result in lifelong disabilities and diminished quality of life tend to pay out the most while minor injuries usually result in far less. That being said, case studies indicate that averages of different accident types typically result in:

• Average auto accidents: ~$25.5K
• Average motorcycle accidents: ~$79.3K
• Average pedestrian accidents: ~$53.5K

It is important to note that individuals that enlisted the help of expert personal injury lawyers were able to secure larger settlements. Those that were represented received ~$77.6K on average compared to those without who received ~$17.6K ^[11].

Read more: What is the Average Personal Injury Settlement?

 

How Much Does a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis. This generally means that clients do not have to pay any costs until a settlement is reached or an amount is awarded by jury. Only when there is an award will the lawyer’s fees be paid. If the case is not won and the client does not recover anything, the lawyer is not paid. If the case is won, the general percentage can range between 30% – 40% of the awarded money. This percentage is typically taken after any expenses related to the personal injury claim are paid back to the legal representation.

Here are some key points regarding the cost of a personal injury lawyer:

1. No Upfront Costs: Personal injury lawyers generally do not charge any fees upfront and agree to cover the costs incurred during a personal injury claim with the promise that those expenses are repaid upon settlement or judgment being awarded. This allows all potential clients to access experienced legal representation without having to worry about costs.
2. Contingency Fee Basis: A personal injury lawyer’s fee is contingent on the client winning a settlement or award. This model not only makes legal services more accessible to injury victims but also motivates lawyers to take cases with merit.
3. Variable Fee Percentage: There are instances where sliding scale agreements determine the percentage. Higher percentages are taken depending on how complex the case is or how far into the legal process the claim goes. If a settlement is reached quickly, it might result in 30% being taken out, while a claim that goes to trial may require 40%.
4. Risk-Free Consultation: Most personal injury lawyers offer free consultations. During this process, a personal injury will hear the details of a claim and review the case and evidence before deciding to move forward.
5. Understanding the Agreement: A personal injury lawyer should be transparent and answer any questions a victim has to ensure that the personal injury victim understands the contingency agreement before they sign. This usually includes the sliding scale as well as the promise to repay case related expenses.

The cost of a personal injury lawyer in Los Angeles is largely dependent on the success of the personal injury case. The lawyer’s fees are typically deducted from a settlement or award, which helps ensure that access to legal representation for victims regardless of their financial capabilities is available.

Read more: How Much Does a Personal Injury Lawyer Cost?

 

Is Getting a Personal Injury Lawyer in Los Angeles Worth It?

Enlisting a personal injury lawyer in Los Angeles can prove to be highly advantageous for victims of personal injury cases. Apprehensions surrounding costs, time, and the complexity involved in the process often deter individuals from seeking help from a qualified personal injury lawyer. However, the data supports that personal injury lawyers significantly improve the chances of receiving better settlements when compared against individuals negotiating with insurance companies by themselves.

Here’s why it can be worth discussing your case with a Los Angeles personal injury lawyer:

• Optimal Settlements: An expert personal injury lawyer like the ones at Mesriani Law Group can construct a compelling case that accurately reflects the severity of the injuries, prognosis, losses, and the impact the injury has had on the client’s life and family. This often results in higher settlements that adequately compensate the victim.
• Best Chance of Compensation: With a personal injury attorney’s assistance, victims are much more likely to receive full compensation for medical costs and other accident-related expenditures as personal injury lawyers are able to provide support in getting the appropriate medical treatment for current and future injuries. Without the expertise of an experienced personal injury lawyer to help navigate medical claims, individuals may struggle to gather the necessary evidence, compile appropriate documentation, and determine a fair settlement amount. This increases the potential for missteps that could jeopardize the claim simply because an individual may not seek out appropriate treatment when it is needed.
• Expert Guidance: The process of filing a personal injury claim can be complex and overwhelming, especially for someone in the midst of dealing with the aftermath of a traumatic event. A Los Angeles personal injury lawyer can provide expert guidance through every step of the process and help the victim avoid common pitfalls and ensure a smooth recovery.

Read more: Are Personal Injury Lawyers Worth It?

 

Why Should You Get a Personal Injury Lawyer to Help Your Case?

Choosing to hire a personal injury lawyer to help with your case offers several benefits ^[12]. These legal professionals provide valuable assistance and guidance through the complex and time-consuming personal injury claim process. Their expertise can expedite the claims process and ensure that your rights are protected so you receive fair compensation.

Here’s why you should consider getting a personal injury lawyer:

• Identifying Contributing Factors: A lawyer can uncover things that may have been overlooked but contributed to the accident. This ensures that no critical information is lost during the claims process which significantly enhances the strength of your case.
• Managing Inaccurate or Changing Testimonies: People involved in an accident may modify their accounts over time intentionally or due to fading memories. A lawyer will ensure that proper notes are taken to help preserve vital testimonies.
• Navigating Insurance Companies: Insurance companies will attempt to skirt their responsibilities and settle quickly for the lowest amount possible. A personal injury lawyer will fight the highest settlement possible or go to trial if a settlement can’t be reached.
• Detemine Responsibility: Determining liability in an accident can be complex, especially when defective parts or substandard repairs are involved. A lawyer can unravel these complexities to identify all parties responsible.
• Professional Representation in Court: If settlement negotiations fall apart and the case needs to go to court, having a skilled litigator fighting on your behalf greatly increases your chances of success.
• Maintaining Objectivity: The emotional impact of an accident can cloud judgment for all parties involved. A lawyer brings an objective perspective to your case to ensure that emotions don’t compromise your claim.
• Understanding the Claim Process: Navigating the personal injury claim process is an extremely challenging ordeal. An expert personal injury lawyer will help you understand pertinent laws, gather necessary information, expedite the claim process, and guide you through the entire process from start to finish.
• Access to Medical Care: A good personal injury lawyer can leverage their extensive network to ensure you get the best possible medical care.

Hiring a personal injury lawyer to handle your case will provide you with expert guidance, protect your rights, and significantly improve your chances of getting a favorable outcome. It’s a decision that’s worth serious consideration for anyone involved in a personal injury case.

 

What Should You Look for in a Good Personal Injury Lawyer?

Choosing a good personal injury lawyer requires an individual to evaluate several key factors ^[13].

1. Applicable Experience: It’s important that an attorney has handled personal injury cases similar to yours. No matter what type of accident you are in or what injuries you sustain, you will need an attorney well-versed in that realm to help battle insurance providers during negotiations.
2. Track Record of Success: A reputable attorney should be able to demonstrate a history of effective and successful legal strategies that can lead to substantial settlements for their clients.
3. Commitment to Your Case: Personal injury lawyers can be stretched thin if they take on your case but are too stretched thin to actually act in your best interests at all times. Be sure to find someone with the bandwidth and resources to give your claim the attention it deserves.
4. Strong Negotiation Skills: Most personal injury settlements are made before things go to trial so being able to present a strong case and negotiate on your behalf in a way that insurance adjusters will be willing to come to agreement will save you time and resources.
5. Trial Experience: Even though most personal injury settlements are reached through negotiations, you still need a personal injury attorney who is well-versed in litigation and ready to go to trial if needed.
6. Thorough Investigation Skills: An expert personal injury attorney will investigate your case, gather and preserve critical evidence, and use a network of experts if necessary to build a winning personal injury claim.
7. Excellent Listening and Communication Skills: Your lawyer should listen attentively to your account and ask insightful follow-up questions which will inform a comprehensive analysis of your case. They should also maintain clear communications with you throughout the legal process.
8. Continued Education: The legal landscape changes frequently so you need an attorney who stays updated through continuous learning to ensure they are up to date with recent legal precedents.
9. Compassion and Compatibility: Above all, you should feel comfortable with your attorney and understand their genuine concern for your wellbeing and determination to secure the best possible outcome for you.

The best personal injury attorneys are experienced, successful, and empathetic litigators who are dedicated to their field. Those traits define who the personal injury lawyers at Mesriani Law Group are.

Read more: How to Find the Best Personal Injury Lawyer

Read more: What You Should Look for in a Personal Injury Lawyer

Read more: Questions to Ask Before Hiring a Personal Injury Lawyer

 

Sources

[1] https://www.totallylegal.com/article/personal-injury-lawyer-job-description

[2] https://www.natlawreview.com/article/do-i-need-personal-injury-attorney

[3] https://www.healthworkscollective.com/important-steps-to-take-after-suffering-serious-injury/

[4] https://www.nolo.com/legal-encyclopedia/checklist-of-records-to-gather-after-a-car-accident.html

[5] https://www.enjuris.com/personal-injury-law/what-is-liability/

[6] https://www.alllaw.com/articles/nolo/personal-injury/proving-negligence.html

[7] https://www.forbes.com/advisor/legal/personal-injury/comparative-negligence/

[8] https://www.nolo.com/legal-encyclopedia/do-i-have-to-talk-to-the-other-drivers-car-insurance-company-after-an-accident.html

[9] https://www.enjuris.com/california/statute-of-limitations/

[10] https://www.alllaw.com/articles/nolo/personal-injury/types-of-compensation.html

[11] https://www.nolo.com/legal-encyclopedia/how-much-can-i-get-for-my-personal-injury-case-and-how-long-will-it-take-new.html

[12] https://www.findlaw.com/injury/accident-injury-law/using-a-personal-injury-lawyer.html

[13] https://calbizjournal.com/the-10-essential-qualities-of-a-great-personal-injury-lawyer/

“No Win, No Fee” Policy

Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents in Los Angeles. We understand that victims of accidents are sometimes hesitant to file a claim for damages against a responsible party due to perceived high legal fees. To resolve this matter and help more people get the best compensation they deserve, we offer a “No Win No Fee” guarantee to all our clients. This means that if we are not able to provide you with the justice you deserve, you don’t have to pay us anything for our legal services regardless of the complexities of your claims. We offer this because we are confident that our experience, expertise, and dedication will provide the best chance of getting the maximum compensation 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 if you have sustained serious injuries. You need an experienced and qualified attorney to represent you for your personal injury claims. Mesriani Law Group’s Los Angeles personal injury attorneys have successfully represented victims of accidents and negligence 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, 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.

When should you contact a personal injury lawyer?

You should contact a Los Angeles personal injury lawyer as soon as the accident happens or after you have received immediate medical attention. It is best to seek consultation with a personal injury lawyer when the details of the incident are fresh and when the statute of limitations has the largest window to file.