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Frequently Asked Questions answered by our L.A. personal injury attorneys

Frequently Asked Questions

Updated on Thursday 09th February 2017

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1. What are the most common types of accidents that lead to personal injuries in L.A.?

Vehicle accidents and those involving other motorized vehicles are among the most common types of accidents that lead to personal injuries. As a consequence, pedestrian accidents are also common throughout California.

2. When is an accident considered a personal injury case?

It is important for the victim to be able to prove that the injury(es) were caused by the negligence of the other party. A Los Angeles personal injury attorney can help you prove your case in court.

3. What can I do after being involved in a personal injury accident?

The first thing you should do after being involved in a personal injury accident is seeking immediate medical attention. If the injuries are not extensive and you are able to do so, you can try to collect any piece of information from the scene of the accident. This can prove to be crucial later on.

4. How can a lawyer help me file a personal injury complaint?

One of our Los Angeles personal injury attorneys will be able to help you gather the relevant evidence and build a solid case based on medical records, testimonials, and other sources. An expert will know exactly how the law applies in your case and what are our rights.

5. How can I prove negligence?

Negligence can be proved through evidence from the accident or medical records proving that the accident caused certain lesions. However, you should pay close attention to shared fault cases: if you are also to blame for the accident, you will not be given the same amount of compensations.

6. What are the types of compensations I can receive? 

Compensations are awarded for monetary or non-monetary damages: either for medical bills, to replace lost property or even for the pain and suffering sustained in the accident. The latter is a special category of compensations, also known in some cases as hedonic damages. Because it is more difficult to prove that an accident left a significant emotional impact that affects your daily life, it is often necessary to request the services of a personal injury attorney who will know how to present your case to highlight the emotional impact of the injuries.

7. What are the legal limitations on injury damages?

Limitations for compensations can apply, in cases of medical malpractice and the victim should know that it is best to take legal action as soon as possible after the accident. 

8. What is the pure comparative negligence rule in California?

The pure comparative fault rule applies when the defendant argues that he is not entirely to blame for the accident. In these cases, the percentage of compensation is divided among the parties according to the percentage of fault they had in the accident.

9. What is the statute of limitations in California?

California has a statute of limitations of two years from the date of the accident. Victims who try to obtain compensations at a later date will most likely have their case rejected by the court. The California statute of limitations for medical malpractice cases is one year after the injured individual discovers the injury (or should have discovered the injury) or three years from the date of the injury, whichever occurs first.

10. To what extent does the insurance cover a personal injury?

Although insurance companies have clauses covering common accidents like motorcycle accidents, for example, insurers might try to reduce the number of compensations in difficult cases that will require more medical attention like those that involve spinal cord injuries. Our lawyers can help you if you have insurance problems. California has a law for a worker’s compensation insurance – a special type of insurance that needs to be provided by employers to their employees, according to the working conditions. Damages for personal injuries incurred while on the job are typically compensated through this type of insurance. Our lawyers can help you if you have insurance problems.

11. How important is the negotiation phase in a personal injury lawsuit? 

Negotiation can be very important, especially if both the plaintiff and the defendant are willing to agree upon a settlement and not go to court. This phase will be the only chance the victim has to obtain rightful compensations and the help of a personal injury lawyer can prove extremely important.

12. What are third party liability claims and should I consider them?

A third party liability claim is typical in defective products cases or in worker's compensation cases. The claim is made against a third party that is through to have caused the injury, for example, the manufacturer of a defective or unsafe product. A personal injury attorney can help you submit a third-party claim. 

13. Can I still receive compensations in cases where I took an assumed risk?

Individuals who engage in risky activities, such as extreme sports, will usually sign a consent that they are fully aware of the possible consequences of their actions. However, even if the individual took certain risks, he can file a personal injury claim if the injuries occurred in other circumstances and not from the causes he expressly agreed upon.

14. What can I do as a parent, if my child was injured in an accident?

As a parent, you have the right to claim compensations for your child's injuries occurred on an unsafe playground while he was playing in a public or private pool or even while on the local school bus. Personal injury cases involving children are more sensitive and a personal injury attorney specialized in these issues can provide you with important advice.

15. Are dashboard cameras a valid proof in court?

Footage shot with the help of a dashboard camera can be very useful to recreate the accident. While they can provide useful information, they may not be widely accepted as conclusive evidence. Nevertheless, if you were using a camera while being involved in a car accident, you can bring this evidence to support your case.

16. Can I calculate how much I could obtain after a personal injury?

Yes, you can use special personal injury calculators where you can introduce various elements related to your injury and see how much your case is worth. You can factor is economic and non-economic damages you can ask for. However, it is recommended to ask our Los Angeles personal injury attorneys to help you calculate the compensation in order to have the best outcome.

17. How do I choose my personal injury lawyer in Los Angeles?

Experience is the best factor you can consider when choosing your personal injury lawyer in L.A. Most law firms have websites where they say how they can help and the cases they can represent you in. You can also verify an attorney with the State Bar Court of California.

18. What is an informal settlement?

Informal settlement can be used personal injury cases in which no death or only minor injuries are sustained. These settlements are usually carried out between the insurance companies and the personal injury attorneys in L.A.

19. Can I be held liable if I suffered a personal injury?

Liability in a personal injury case is based on negligence or lack of exercising the duty of care. If the latter can be pinned on the defendant in a lawsuit, negligence can also be used against the injured party. However, our Los Angeles personal injury attorneys will make sure they have all the facts straight in order to prove their clients are the victims.

20. What should I consider when I calculate the compensation?

You can obtain compensation for suffering economic or non-economic damages. The substantial evidence and the pain and suffering caused by the injuries are the most important factors to consider when calculating the compensation. The emotional distress caused to family members is also important and can be considered when calculating the compensation for a personal injury case.

21. How do I recognize a low settlement?

You can recognize a low settlement when the insurance company rushes to make its first offer. You can calculate the compensation before going to the meeting with the insurance adjusted and compare the figures: the amount you calculated and how must you are offered. You can also make sure you are offered a low settlement if you go alone to the meeting with the insurer.

22. In a personal injury case, are fault and liability the same thing?

Fault will automatically trigger the liability of the defendant in a personal injury lawsuit. However, fault must be first proved before the party is held liable for the damage caused. Our L.A. personal injury attorneys can help in determining fault and liability in a lawsuit.

23. Insurance companies: how can I negotiate with them?

You can negotiate with an insurance company yourself, but the outcome could be poor one, as the insurer will try and settle for the lowest amount possible. However, if you have hired a personal injury lawyer, he or she can negotiate a right compensation based on the evidence they can bring to the attention of the insurer.

For detailed and answers to the above-mentioned questions please do not hesitate to contact our Los Angeles personal injury attorneys

 

 

Comments

  • Diane 2016-11-01

    Useful information for persons who don't know much about personal injuries. They are encouraged to try their chances and start a lawsuit. Thank you!

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