At The JLF Firm in Los Angeles, CA, our experienced personal injury lawyers provide invaluable guidance and compassionate support throughout the entire process, working tirelessly to achieve the best possible outcome for our clients.
Pursuing a personal injury claim grants injured victims financial recovery after suffering damages due to someone else’s negligence. However, this legal process can be complex and overwhelming, especially while healing from injuries.
To ensure a fair settlement that covers the full extent of losses, it is crucial to seek expert legal guidance from professionals who understand the applicable California laws.
Schedule a free consultation today to discover how our award-winning team can assist you.
What Is Personal Injury Law in California?
Personal injury law is a type of civil law that deals with cases where someone has sustained physical, emotional, or financial losses by another party’s negligence. In the event of a personal injury accident, the injured person (plaintiff) can sue the person or entity (defendant) that caused the injury.
In California, personal injury laws apply to various accident types, including car accidents, motorcycle accidents, rideshare accidents, and other motor vehicle accidents. It also applies to slip and fall accidents, dog bites, workers’ compensation, wrongful death cases, and medical malpractice.
The Statute of Limitations
In California, individuals generally have two years from the date of injury to file a personal injury claim according to the California Code of Civil Procedure (CCCP) § 335.1 under the state’s statute of limitations. However, there are exceptions to this rule.
For example, the deadline might be extended if negligence is discovered at a later time, or it could be reduced to just six months if a government entity is involved. Regardless, failure to meet the filing deadline will result in losing the right to seek compensation.
Consulting with a Los Angeles personal injury lawyer will clarify these details and offer insight into the legal process, allowing victims to gain a broader understanding of what to expect.
What Types of Cases Does a Personal Injury Attorney Handle?
Los Angeles experiences a wide range of personal injury cases arising from negligence. Ultimately, if an accident causes physical pain, stress, financial problems, or other personal injuries for the injured, it will likely fall under the personal injury umbrella. Some of the most common types of personal injury claims include the following:
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Truck Accidents
- Uber and Lyft Accidents
- Wildfire and Fire Damage
- Workers’ Compensation
- Wrongful Death Claims
In these situations, it’s vital to hire the best personal injury attorney who not only understands the legal complexities of your case but also prioritizes your well-being by helping you access the necessary medical care for a full recovery.
Damages That Can Be Recovered After an Accident
The purpose of filing a personal injury claim is to hold the responsible party financially accountable for the harm they caused through their negligence. Personal injury victims often face significant challenges in securing compensation, including misconceptions about costs and complexities.
If the claim is successful, a plaintiff may be compensated for the various damages, or losses, suffered. Damages are divided into the following categories.
Economic Damages
These damages refer to the tangible financial losses victims incur as a result of a negligent party’s actions. Economic damages can be more easily quantifiable because they possess a clear monetary value. Common examples in personal injury cases include:
- Current medical expenses
- Future medical needs
- Loss of earning capacity
- Lost wages
- Property damage
- Rehabilitation costs
- Vehicle rental fees
Non-Economic Damages
These damages do not possess a clear financial value and are meant to address intangible losses. While not as easily measured as economic losses, non-economic damages still significantly impact victims’ livelihoods, qualifying for compensation in the following areas:
- Disfigurement or scarring
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Post-traumatic stress
- Pain and suffering
Punitive Damages
In cases where the defendant’s conduct is especially egregious, like drunk driving, punitive damages are awarded. These damages are meant to punish the responsible party and deter similar behavior in the future.
In some personal injury cases, compensation sometimes exceeds the amount awarded for economic and non-economic losses. This is particularly true in cases involving severe misconduct that resulted in significant harm, such as permanent injuries or wrongful death.
What Is a Good Personal Injury Settlement?
Every personal injury case is unique, with claim values varying based on specific circumstances. Insurance companies often try to minimize payouts by undervaluing the severity of damages.
However, the key factor in determining adequate compensation depends on the extent of damages the victim suffered due to the other party’s negligence. A successful personal injury claim requires proving the breach of duty of care and assessing the legal damages suffered to establish the claim’s validity and value.
A successful personal injury case should result in a settlement that adequately covers all losses, such as:
- Comprehensive Treatment: All appropriate medical treatments and procedures without delay due to financial concerns
- Immediate Medical Attention: Prompt and necessary medical care to ensure a successful recovery
- Maximum Compensation: Reflects the full extent of damages for current and future losses or concerns
- No Outstanding Medical Bills: Covers all medical expenses, leaving no financial burden on the injured party
- Fair Assessment: Based on the actual damages and hardships experienced, not on a biased evaluation from the insurance adjuster
In a California personal injury lawsuit, the injured party must demonstrate that someone else’s negligence directly caused the accident, resulting in injuries and damages.
A personal injury attorney can handle all of this during the case proceedings, so you may focus on what’s most important, your recovery.
How to Prove Negligence in a Personal Injury Case
This is a complex legal process, making assistance from a personal injury law firm in Los Angeles, CA essential. Choosing a reputable personal injury law firm is crucial to ensure effective handling of your case. A Los Angeles personal injury lawyer can effectively handle your case, working to prove the following four elements of negligence required to win a settlement or court judgment.
1. Duty of Care
It must be established that the defendant owed the plaintiff a duty of care, which is the legal obligation to act with reasonable care to avoid causing foreseeable harm to others. In this context, “reasonable” refers to the standard of care an individual would exercise in a similar situation. For example, drivers have a duty to follow traffic laws to prevent endangering others.
2. Breach of Duty
The second key factor in a personal injury claim is demonstrating that the other party breached the duty of care. This means that the defendant failed to act as a reasonably cautious person would have under the circumstances. For example, a driver speeding or texting while driving has failed to exercise reasonable care and could be held liable for a motor vehicle accident.
3. Causation
It is then required to prove that the other party’s breach of duty directly caused the victim’s injuries. For instance, if a speeding driver loses control of the vehicle, causing a collision, it can be indicated that the reckless driver directly caused the car accident.
4. Damages
To successfully pursue a personal injury claim, it must be demonstrated that the accident resulted in damages, which typically includes medical expenses, lost income, and pain and suffering (both physical and emotional).
Comparative Negligence in Personal Injury Claims
Personal injury law operates under a “comparative fault” system, which holds all parties involved in an accident accountable, including the injured victim.
This means that if a plaintiff is partially responsible for an accident, contributing to his or her own injuries, that individual will be held legally liable. In these types of personal injury cases, the awarded compensation is proportionally reduced by the plaintiff’s assigned percentage of fault.
For instance, if a court awards $50,000 in compensation but finds the plaintiff 10% at fault in a car accident case, then $45,000 may still be collected.
While compensation is still recoverable when responsibility for an accident is shared, insurance companies use these circumstances to unfairly maximize the degree of fault assigned to the injured party.
However, a Los Angeles personal injury lawyer can build a strong case to counter these tactics of minimizing payouts to injured victims.
Finding the Right Los Angeles Personal Injury Lawyer
If you’ve been injured in an accident, finding the right personal injury lawyer is crucial to securing the maximum compensation for your injuries. Here’s how to find a qualified and experienced lawyer to represent your personal injury case.
Qualities to Look for in a Personal Injury Lawyer
When searching for a personal injury lawyer, prioritize finding someone who not only specializes in civil law but, most importantly, has a proven track record of handling personal injury cases similar to yours. Key factors to consider include:
- Experience: The best personal injury attorney will have a proven track record in securing maximum compensation for clients.
- Reputation: Online ratings from review sites like Avvo, FindLaw, Yelp, and a Google Business Profile are valuable resources for learning what past clients have to say about a personal injury attorney.
- Accessibility: Personal injury attorneys who operate on a contingency fee basis expand their services to individuals who may not have the financial means to pay for legal services.
What to Do After a Personal Injury Accident
Victims who suffered injuries in an accident must take certain precautions to preserve their well-being and protect their ability to pursue potential personal injury claims. Here is what to do after sustaining a minor or serious injury in an accident.
1. Report the Accident
Depending on the type of accident and where it occurred, various parties may need to be contacted. For a motor vehicle-related accident, like car accidents, truck accidents, pedestrian accidents, or bicycle accidents, call 911 right away.
For other types of accidents, notify the person in charge, such as a store manager for slip-and-fall accidents or a supervisor for workplace accidents, and request a written accident report.
2. Collect Evidence
Gather as much information about the accident as possible. Record details such as the date, time, and precise location, as well as the names and contact information of all involved parties.
If possible, and before leaving the scene, take photos and videos to document the accident scene–especially for car accidents–including any visible damage or hazards. Additional helpful information includes:
- The names and contact information of any witnesses
- The make and model of any vehicles involved
- Any police reports or incident reports
Sufficient evidence is crucial in building strong personal injury cases, as documenting these key details significantly strengthens personal injury claims.
3. Seek Medical Attention
Seeking medical attention immediately after an accident, even when feeling unharmed, is crucial. A serious injury, like brain injuries or internal bleeding, may not present symptoms right away but can become serious if left untreated.
Additionally, delaying medical care not only jeopardizes a victim’s health but also gives insurance companies a reason to question the validity of a personal injury claim.
4. Avoid Speaking About the Personal Injury Case
Protecting a personal injury claim requires discretion. Therefore, avoid discussing case details with friends or family, and absolutely do not post anything about the accident or injuries on social media.
Similarly, when communicating with insurance adjusters, keep answers short and factual and never admit fault for the accident, even partially.
This cautious approach will safeguard the personal injury claim and prevent the insurance company from misrepresenting any shared information against the victim seeking damages.
5. Seek Professional Legal Guidance
A Los Angeles personal injury attorney plays a vital role in protecting the rights of accident victims. They build strong cases by gathering and preserving crucial evidence, and they handle all communication with insurance companies, preventing them from using tactics that could disadvantage the injured party.
Seeking legal counsel early in the process is essential. This ensures that victims receive the necessary support and guidance from the start, safeguarding their cases from potential missteps. Ultimately, having an experienced personal injury lawyer on your side significantly increases the chances of receiving fair compensation, making the investment in legal representation a worthwhile decision.
The Importance of Seeking Medical Attention
Always seek immediate medical attention, even if injuries appear minor. Only a doctor can properly diagnose an injury to identify any underlying conditions that could worsen over time. In some cases, injuries like traumatic brain injury (TBI) may not be immediately apparent and can lead to permanent damage if left untreated.
Additionally, if a personal injury claim is filed, it must be supported with documentation. This includes medical records listing the sustained injuries, as well as medical bills displaying the cost of medical treatment.
It’s best to begin medical treatment as close to the accident date as possible so the timeline of procedures can be documented. Medical records help establish a clear connection between the accident, sustained injuries, and the event’s effects on the victim’s personal well-being.
Delays in seeking treatment can give insurance companies grounds to argue that injuries were either pre-existing, not caused by the accident, or not as severe as stated in the personal injury claim.
A Los Angeles Personal Injury Lawyer from The JLF Firm Will Maximize Your Settlement
From gathering evidence and negotiating with insurance companies to potentially litigating the case in court, pursuing a personal injury lawsuit is demanding. Furthermore, these tasks can be incredibly challenging to manage while also recovering from a serious injury.
At The JLF Firm in Los Angeles, CA, partnering with an experienced personal injury lawyer simplifies this complex process. Our unparalleled service and compassionate guidance will significantly improve your chances of a successful outcome. Our law firm offers the following benefits:
- Accident Investigation and Reconstruction: Thoroughly investigating the accident scene, reconstructing the events, and documenting all contributing factors to strengthen the case
- Evidence Collection and Preservation: Gathering and preserving crucial evidence, including photos, videos, police reports, and witness statements supporting the claim that the other party involved is at fault and liable for damages
- Witness Interviews: Locating and interviewing eyewitnesses to obtain their official testimony of the accident
- Claims Filing and Management: Handling all necessary paperwork and documentation for filing claims with insurance companies and the court
- Legal Compliance: Ensuring all legal requirements are met and the statute of limitations is adhered to, protecting your right to seek compensation
- Expert Testimony: Consulting with qualified experts (e.g., accident reconstructionists, medical professionals) to provide testimony in supporting which party was at fault and why damages are owed
- Damage Assessment: Analyzing and assessing the full extent of damages, including medical expenses, lost wages, pain and suffering, and other related losses
- Insurance Negotiation: Aggressively and skillfully negotiating with insurance companies to reach a fair settlement that adequately compensates you for your losses
- Court Representation: Filing a personal injury lawsuit and providing strong representation in court if it’s necessary to pursue the case in trial
Do I Need to Hire a Personal Injury Lawyer?
No, is not required to hire a lawyer in California. However, industry data proves that working with a Los Angeles personal injury lawyer increases the ability to recover significantly more compensation in a settlement than just entrusting the case with the insurance companies.
Additionally, working with a personal injury firm simplifies the process of filing a claim in the following ways:
- Thorough Investigation: Investigating the accident scene, reconstructing the events, and gathering all crucial evidence
- Evidence Preservation: Preserving evidence such as photos, videos, and witness statements to support the personal injury claim
- Witness Interviews: Interviewing eyewitnesses to gather valuable perspectives and testimonies
- Claims Management: Handling all necessary paperwork and documentation for filing claims and meeting other deadlines
- Legal Expertise: Ensuring all legal requirements are met and deadlines are adhered to
- Expert Testimony: Consulting and securing expert testimony from accident reconstructions and medical professionals that strengthens the case
- Damage Assessment: Accurately analyze and assess the full extent of economic losses and non-economic losses
- Negotiation: Skillfully negotiating with insurance companies to secure a fair settlement
- Court Representation: Providing strong and effective representation in court if the case proceeds to trial
The Risks of Not Hiring a Personal Injury Attorney
Guidance from an experienced personal injury attorney throughout the legal process prevents missteps that could negatively affect the chances of recovering fair compensation–or compensation at all.
Professional legal representation offers significant advantages by avoiding the following common mistakes that often jeopardize personal injury claims.
- Speaking to the Insurance Adjuster: Giving a recorded statement to the insurance company without first consulting with a personal injury attorney about what information to share
- Social Media Use: Posting status updates about the accident or the condition of injuries on any social media platform
- Accepting Early Settlement Offers: Agreeing to an insurance offer before the cause of the accident, extent of injuries, and sustained damages have been thoroughly assessed
- Underestimating the Value of Losses: Being uninformed on the full scope of damages, including both current and future losses
A personal injury lawyer is a dedicated advocate who works exclusively for you, not the insurance company. Therefore, we will always prioritize your best interests and fight to get you the maximum compensation.
To Maximize Your Claim, Contact an Experienced Los Angeles Personal Injury Lawyer
The distinguished Los Angeles personal injury lawyers at The JLF Firm understand the difficulties of being injured as a result of someone else’s negligence, and we have the extensive experience needed to effectively and efficiently as possible hold them accountable.
The outcome of your case is important to your future, so please don’t delay scheduling a free consultation by contacting us online or calling us at 888-303-9472 for more information about how we can help.
We have law offices throughout the Southern California region. Contact one of our locations for a free case evaluation, and speak with a personal injury attorney today.
The JLF Firm Corporate Office
Location Address:
8255 Firestone Ave, Ste 207,
Downey, CA 90241
Phone Number:
562-667-3104
Our Other Locations in Southern California
The JLF Firm has additional locations in the following Southern California cities: