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A personal injury is any physical or mental injury to a person as a result
of someone's negligence or harmful act. Sometimes personal injury may
be referred to as bodily injury. Personal injuries can occur in a wide
variety of ways. The following are some of the most common accidents resulting
in personal injury:
o Auto accidents
o Dangerous or Defective Product Injuries (Product Liability)
o Aviation Disasters
o Professional Malpractice
o Workers Compensation
o Wrongful Death
o Toxic Exposure
o Dog Bites
o Premise liability
o Slip and fall
o Assault/battery
Our law office emphasizes handling auto accident, wrongful death. assault
and battery, and premise liability cases.
What financial compensation can I get in a personal injury claim?
Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include general damages for pain and suffering, special and punitive damages. The following is a sampling of the types of damages we collect for our clients:
o Medical bills
o Lost Wages, including overtime, future revenue losses
o Pain & Suffering
o Physical Disability, including loss of use,
o Disfigurement
o Permanent Scars
o Emotional Trauma
o Mental Anguish
o Loss of Enjoyment
o Loss of Love & Affection
o Embarrassment
o Mental Disability
o Property Damage
o All personal expenses for: (transportation charges, house cleaning,
nursing home care, medications and others).
Our law office includes our clients’ future revenue losses as well as their future medical costs and future pain and suffering in our settlement negotiations. We use economists to calculate the nature and extent of your revenue loss claims.
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have
been injured. This may be a physical injury or it may be an emotional
injury. In addition, you must be able to show that someone else (the defendant)
is at fault for your injury under a negligence, strict liability or intentional
misconduct theory. If your injury occurred as a result of being struck
by a drunk driver or from being assaulted, then punitive or exemplary
damages may be recovered.
What if the accident is partly my fault, can I still
have a claim?
Even if an accident of injury was partially your fault you still may have
a Claim based on the concept of Comparative Negligence or Contributory
Negligence. The term "contributory negligence" is used to describe
the actions of an injured person that may have also caused that person's
own injuries. For example, a person who ignores a "Caution - Wet
Floor" sign and slips and falls in the supermarket may be found to
have been careless and at fault for any injuries suffered. "Contributory
negligence" can prevent a person from collecting any monies to compensate
for injuries suffered, even if that person's carelessness was minor.
California has done away with the concept of contributory negligence altogether
and instead uses the concept of "comparative negligence”. The
term "comparative negligence” means that the fault of all parties
is compared and the amount of the recovery for damages sustained by the
injured victim is reduced by the percentage of his or her own fault. In
this way, each person is held accountable for the amount of damages that
they caused.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of
your injury, then an experienced personal injury attorney should always
be consulted before you give any statements or sign any papers of any
kind and as soon after your injury as possible. In a serious injury case,
you are better off hiring an attorney as soon as possible. Most firms
offer a free consultation with no obligation. Therefore, you have nothing
to lose by consulting an attorney before you accept an insurance company
offer.
What is a Contingency Fee?
A contingency fee is a fee that is used by lawyers in most personal injury
cases. It is contingent when the fee is conditioned upon your attorney's
successfully resolution of your case. A contingent fee is paid as a percentage
of your monetary recovery. A contingent fee is what is meant when you
hear “there are no fees unless there is a recovery”. The client
is generally responsible for the out-of-pocket costs of litigation. Our
contingency fees are usually one third of what we recover from the case.
If I have a personal injury claim, do I have to go to court?
Most personal injury cases are settled out of court between opposing lawyers
or by the insurance company. If a case is filed, then you will most likely
have your deposition taken under oath. The lawsuit might wind up settling
in a mediation or an arbitration hearing. If it does not settle, then
it will go to trial. It is essential to have a competent personal injury
attorney represent you in these actions to prosecute your case and prepare
you to testify. Our clients’ recoveries, after our percentage is
taken, are always more than you would obtain on your own.
How long do I have to make a claim for Personal
Injuries?
Every state has certain time limits, called "statutes of limitations,"
that govern the period during which you must file a personal injury lawsuit.
In California, the statute of limitations varies depending upon the nature
of the case. If you miss the statutory deadline for filing a case, then
your case could be thrown out of court. I urge you to contact our office
to discuss your case without delay.
What are Statutes of Limitations?
The statutes of limitations are time frames in which you have to file
a lawsuit. When the statute of limitations expires on your case, you simply
don't have a case anymore. Statutes of limitation differ not only from
state to state, but also in regard to the kinds of lawsuits involved.
In some states the statute of limitations for medical malpractice, suits
against governmental agencies, and wrongful death actions is shorter than
that for other types of personal injury cases.
In general, however, the statute of limitations in California for personal
injury cases is from one to three years, and the time begins from the
time of the accident. In addition to the time within which a case must
be filed, there may be other statutes which must be complied with before
you will be able to file a lawsuit such as lawsuits against governmental
agencies, cities, counties and states. These matters are very complex.
Because a failure to comply with any one of these statutes may result
in your inability to file a lawsuit at all, I urge you to contact our
office at the earliest time possible to discuss the facts and underlying
circumstances of your case.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances
surrounding the case. The more complex the case and the more serious the
injuries, the longer it may take to settle. Before settling a case, I
make sure that my clients’ injuries have completely resolved. In
the case of injuries that persist or are permanent in nature, I am able
to determine the nature and extent of future damages with the assistance
of your treating physician(s) or sometimes with the assistance of medical
experts and economists. It is essential to us that you are fully compensated
for all of your injuries past, present and future. Losses and costs such
as future expenses for medical treatment, future revenue or wage losses,
costs for job retraining, vocational rehabilitation, and future pain and
suffering are among those damages we include in our settlement negotiations
so that you are assured of being fully compensated for all of your injuries.
Do I have to reimburse my insurance company for the medical bills?
In almost every case, you will have to reimburse the insurance company
or health care provider who paid for your medical bills, costs and services.
However, I personally negotiate each medical lien for my clients at the
conclusion of their case. In most cases, I am able to reduce the reimbursement
amount by at least one third and oftentimes more, depending upon the amount
of the recovery, the nature and extent of the client’s injuries,
the client’s ability to pay and, how the settlement is characterized,
whether as damages for your pain and suffering or reimbursement for your
revenue losses.
