Why You Need a Los Angeles Personal Injury Attorney
If you’ve been injured physically or suffered harm in Los Angeles due to the willful or careless actions of another, you do not have to bear the financial brunt alone. California law allows you to claim compensation for personal injuries caused by others, no matter how minor the injuries may be.
With a personal injury lawsuit, you can obtain compensation from the at-fault party for your physical injuries, pain and suffering, or mental distress. You can also recover lost wages if the injury prevented you from working and any money you spent to offset your related medical bills if your case is successful.
However, personal injury cases are complex. Any mistakes during the proceedings could adversely affect the outcome of your case and the amount of money you can get. You may need professional help from experienced Los Angeles personal injury attorneys who understand the relevant personal injury laws and can help you obtain the maximum compensation possible, depending on your unique circumstances.
Who Is Liable for Personal Injury Under California Personal Injury Laws?
By the California Code, the one who causes your injury is liable for personal injury, and that’s who should compensate you for the harm you’ve suffered. However, there are certain exceptions to this rule under the law.
For instance, if the one who directly caused your injury is a minor, you can get compensation from their parent or guardian. In the same vein, anyone who is involved in a road accident with a commercial motor vehicle can recover damages from the vehicle driver’s employer if the driver was under the influence of alcohol or drugs and the employer failed to comply with the statutory drug testing requirements.
There are other exceptions to the general liability rule that could apply to your case. Hence it is important that you get a good personal injury lawyer to assess your case before you begin so you don’t waste valuable time trying to get compensation from the wrong party.
When to File Your Los Angeles Personal Injury Claim
Personal injury cases are time bound by the statute of limitations. According to the California Code, personal injury lawsuits and compensation claims must commence within two years from when the injury or damage occurred. But if the injury was not discovered immediately, the victim can file their suit within one year from the date of the discovery.
The time is even shorter when the personal injury claim is against the government or a public entity. Personal injury claims against the government usually begin through an administrative process. By the California Tort Claims Act, a personal injury victim in such cases has only six months from when their injury occurred to submit their claim. Otherwise, the claim form would be returned without further attention.
Although these limitation periods may be extended or suspended depending on the circumstances of each case, you don’t want to leave anything to chance. Failure to begin your case within the stipulated limitation period could invalidate your compensation claim and leave you with nothing. You need to act fast and contact a knowledgeable personal injury attorney immediately if you’ve not already done so before you run out of time and your case becomes statute barred.
How Damages Are Awarded
After filing your personal injury case in court, the defendant may approach you for an out-of-court settlement. Please do not agree to such a settlement without running it by your personal injury lawyers so you don’t short-change yourself. If the settlement negotiations are successful, you can walk away with valuable compensation without going through the lengthy court process.
If there’s no move for settlement or negotiations fail, you’ll need to prove your case in court and provide the court with sufficient evidence to support your claim. This is important because the evidence you provide determines the amount you get as compensation. The court will likely award damages enough to cover all your economic and non-economic losses. It is up to you to establish them.
California is a comparative fault state, meaning you can still get compensated for personal injury even if you partly contributed to the harm you suffered. But the amount you can get as compensation depends on how much fault is ascribed to the other party. For example, if the court finds that you are 90% at fault while the defendant is 10% at fault, you can only get compensated for 10% of your calculated losses. As such, you need to provide the court with the right evidence and convincing arguments to help them decide the case in your favor.
How Experienced Personal Injury Attorneys Can Help
Having an experienced personal injury attorney to represent you until your case is concluded might be all you need to succeed with your case. Your attorney can help you in several ways, including the following:
Initial Case Evaluation
As a first step to building your case, your attorney will assess the facts and the available evidence and determine the course of action that would yield the most reward for you. At this point, you need to be honest with your attorney and provide them with the relevant information/ documents they need to build your case. Even if you think you have a bad case, hiding information will not improve things. Instead, lay all your cards on the table and trust your attorney to handle the rest.
Exploring Out-of-Court Settlements
Your personal injury attorney can help you avoid the stress and expense of a lengthy litigation process by exploring an out-of-court settlement on your behalf. They can initiate settlement usually by sending a well-written letter of demand to the at-fault party outlining your claims and the amount you desire as settlement. They can also represent you if you receive a settlement offer from the at-fault party and negotiate better terms if necessary to ensure that you receive a fair settlement.
Courtroom Representation
If your case goes to court, your lawyer understands the applicable courtroom procedure and can help present your case and the evidence of your claim to convince the judge to decide in your favor.
Your lawyer’s role is to use their experience and the legal resources at their disposal to help you get the maximum compensation possible. It is in your interest to find a knowledgeable personal injury attorney that you can relate to and work with them until your case is concluded.
Get Help From a Reputable Personal Injury Law Firm in Los Angeles, California
At the Law Offices of Christopher Chaney, we are passionate about helping personal injury victims get back on their feet after an injury because we believe that the recovery process is incomplete without restitution and compensation. We are here to offer you the legal support you need in these trying times and help you get the compensation you deserve.
We can represent you in different kinds of personal injury cases in California, including:
- Wrongful death
- Car accidents
- Medical malpractice
- Workplace accidents
Our law practice also offers smart criminal defense services. If you or your loved one is facing charges for crimes such as theft in Los Angeles, our Los Angeles Theft Attorney can help fight your charges and work toward a favorable outcome for you.
Schedule a free consultation immediately so we can assess your case and determine a suitable course of action for you.
