Los Angeles Lawyers

The legal process can be daunting, especially when you’re dealing with serious injuries and financial pressure. You may want to know some of the basics of what to expect.

In California, there are several ways to prove that someone was at fault for an injury, with negligence claims being the most common. Negligence usually means that someone didn’t exercise the level of care that a reasonable person would have in the same situation. Essentially, they were less careful than they should have been. In some cases, the standard can be more specific. For example, if you're suing a doctor for medical malpractice, you would need to show that the doctor didn’t meet the professional standard of care expected in their field. This often requires expert testimony to explain what the appropriate standard of care is and how the doctor failed to meet it.

If an employee of a business caused an injury, you might be able to file a "vicarious liability" claim. This allows you to hold an employer responsible for the negligence of their employee while they were performing their job duties. It doesn't matter how careful the employer was; they can still be held accountable.

Another way to prove fault is through "strict liability." This approach is used only in certain areas of personal injury law. With strict liability, you don’t need to show that the defendant was careless. Instead, you only need to demonstrate that your injury was caused by a specific condition or event for which the law holds someone strictly liable, such as a defective product or a dog bite.

A products liability claim can also be based on a "breach of warranty." This means that the manufacturer or seller made promises or guarantees about the product, either explicitly or implicitly, and the victim was injured because those promises were not fulfilled.

In most cases, the defendant did not intend to harm the victim. However, if they did, they could face both criminal charges and liability for an "intentional tort." It's important to note that the success of a personal injury case does not depend on whether the defendant is convicted of a related crime. The standard of proof in civil cases is much lower than in criminal cases.

In California, there's a specific deadline for filing a personal injury lawsuit, known as the statute of limitations. Typically, you have two years to bring a lawsuit. However, medical malpractice cases have a different timeline. For these cases, you must file within three years of the injury, or within one year of discovering the injury, whichever comes first.

The statute of limitations in California has very few exceptions. If you miss the deadline, the defendant can likely get your case dismissed, no matter how strong your evidence is. This isn’t the only reason to start your case as soon as possible. Acting quickly allows you to gather evidence while it's still fresh, which can help strengthen your proof of the defendant's liability.

Here are some other rules that you might want to know if you’re thinking about bringing a claim after an injury in the Los Angeles area:

• Comparative negligence: if you were partly at fault, you can still recover damages regardless of how much you were at fault, although the damages will be reduced in proportion to your degree of fault
• Damages caps: California generally doesn’t have any limits for the amount of damages that you can recover, although a cap applies in medical malpractice cases to non-economic damages like pain and suffering
• Suing the government: if a government employee or agency caused your injury, you generally need to file a notice of your claim within six months, a much shorter period than the statute of limitations

Various other nuances may affect your strategy for pursuing compensation. It’s always best to get personalized advice from an attorney about your options.

If you're considering a personal injury lawsuit, you might imagine arguing your case in front of a jury. However, the reality is that most cases are settled out of court. In a settlement, the defendant or their insurance company agrees to pay you a certain amount of money in exchange for your agreement to drop the claims against them for your injuries.

There are several good reasons to consider a settlement if the amount offered seems reasonable. First, settling can provide you with compensation more quickly, helping you manage the financial burdens caused by your injuries. This can be a big relief when facing medical bills, lost wages, and other expenses. Second, settling allows you to avoid the stress and uncertainty of a trial. You won't have to worry about whether a jury will believe your version of events and award you the compensation you're seeking. Additionally, if you've suffered serious injuries, you might not want to relive the trauma by testifying in detail in court.

However, this doesn't mean you should jump at the first offer you receive. Often, an insurance company or defendant might try to settle the case for much less than you deserve. It’s common to go through multiple rounds of negotiations before reaching an agreement that meets your needs. You should think carefully before agreeing to any settlement. Once you accept it, you likely won't be able to ask for more compensation later if you find out you need it.

If you've suffered serious injuries or if the insurance company is giving you a hard time, it's a good idea to consider hiring an attorney. An experienced lawyer can handle the legal process for you, allowing you to focus on your recovery and getting your life back on track. Your attorney can gather the necessary evidence to hold the defendant accountable and demonstrate the full extent of the damages you've experienced. Useful forms of evidence vary by case but may include:

• Photos of the accident scene and your injuries
• A police report if the police came to the scene
• Medical bills and medical records
• Pay stubs showing your lost income
• Testimony from people who saw the accident happen
• Expert testimony about the likely prognosis for your condition, treatments that you might need, and any lasting impact on your earning capacity
• Photos, videos, or testimony showing how the injuries have affected your daily life

Your attorney can also evaluate the value of your case, drawing from their experience with similar cases. This can help you determine whether a settlement offer is fair. They can provide insights on whether you might achieve a better outcome by continuing negotiations or even going to trial. Having an attorney can also signal to the other side that you are serious about your case, which may make them more inclined to offer a fair settlement. It's much harder for them to take advantage of you when you have a legal professional advocating on your behalf.

If your case does go to trial, your attorney will be there to build a strong argument and present your position in the best possible light. They'll also be prepared to counter any defenses brought up by the other side. Their familiarity with trial procedures and courtroom rules can make the process much smoother and less stressful for you. Having an experienced attorney handle your case means you won't have to navigate the complexities of a trial on your own.

There are many personal injury attorneys in the Los Angeles area, each with unique skillsets and approaches to handling cases. While you might get recommendations from friends or family, you'll likely end up searching for attorneys online. Resources such as the Justia Lawyer Directory provide a useful way to compare your options.

One of the most important factors to consider when choosing an attorney is their experience with cases similar to yours. For instance, if you're filing a lawsuit because your mother suffered from neglect at a nursing home, you wouldn't want to hire an attorney who has only handled car accident claims. Similarly, if you're suing the City of Los Angeles for causing your injuries, it's essential to find a lawyer who has experience with claims against the government.

Checking out an attorney’s website can provide valuable insights. It probably will highlight their notable verdicts and settlements. Additionally, you might find testimonials from former clients. Reviews on other sites like the Justia Lawyer Directory can also offer a glimpse into the attorney's personality and how they interact with clients.

While researching potential attorneys, it's important to check if they have a history of violating the professional rules of the State Bar of California. A minor misstep might not be a big deal, but if you see a long list of infractions, you should think twice about hiring them. You can usually find this information on the State Bar's website.

Most personal injury lawyers offer a free consultation to potential clients. This is a great opportunity to see if an attorney who looks good online is just as impressive in person. During the consultation, you can provide an overview of your case and get their initial assessment. This meeting also allows you to gauge whether their personality and communication style mesh well with yours. If you feel confident in their skills and comfortable talking with them, they could be a good fit for your needs.

An injury can happen without warning in nearly any situation, but there are some types of cases that are especially common:

• Motor vehicle collisions, such as car, truck, motorcycle, and bicycle accidents
• Accidents on property, such as slip or trip and falls
• Injuries in healthcare settings, such as medical malpractice or nursing home negligence
• Encounters with defective products
• Workplace injuries, such as construction site accidents

If you’ve suffered a workplace injury, it's important to know that you can likely receive workers’ compensation benefits through your employer or their insurer, regardless of who was at fault. In most cases, you can't sue your employer or a coworker for the injury. However, if a third party contributed to your injury, such as the manufacturer of a defective tool, you may be able to file a separate claim against them.

A recent study on jury verdicts in personal injury cases in California found that the average verdict is around $1.6 million. However, this figure is skewed by a few extremely large verdicts. A more practical figure to consider is the median verdict, which is $150,000. This means that half of the verdicts were higher than this amount, and half were lower.

Some notable verdicts and settlements in recent California personal injury cases include:

• $40 million for a pedestrian struck and killed by a police motorcycle
• $28.7 million for medical malpractice by an anesthesiologist, although this was reduced to $9 million because of the medical malpractice damages cap and other factors
• $2.25 million for a rear-end collision in Torrance that resulted in a spinal cord injury
• $750,000 for a concertgoer who was violently assaulted by security officers when he crossed a restricted area to meet up with friends
• $300,000 for dog bites suffered by a child on a property owned by the defendants and leased to the dog’s owner

Each case is different, and you shouldn’t rely on someone else’s verdict or settlement as an indication of what you’ll receive.

According to the Transportation Injury Mapping System operated by the University of California at Berkeley, there were 10,841 accidents that caused deaths or injuries in Los Angeles in 2023. Of these crashes, 312 resulted in fatalities, while 1,879 resulted in fatalities or serious injuries. The data also show that 2,125 fatalities and injuries resulted from car crashes in Los Angeles involving alcohol, while 142 fatalities and injuries resulted from accidents involving drugs. Distracted driving played a role in 433 fatalities and injuries in Los Angeles, while 7,246 fatalities and injuries resulted from accidents involving speeding.

More generally, Los Angeles County as a whole saw 40,735 crashes causing deaths or injuries in 2023. Of these crashes, 700 resulted in fatalities, while 4,373 resulted in fatalities or serious injuries. The data also show that 5,870 fatalities and injuries resulted from car crashes in Los Angeles County involving alcohol, while 372 fatalities and injuries resulted from accidents involving drugs. Distracted driving played a role in 2,186 fatalities and injuries in Los Angeles County, while 20,713 fatalities and injuries resulted from accidents involving speeding.

A recent study analyzed thousands of car crashes at intersections in Los Angeles that resulted in injuries or death, based on data from the Los Angeles Police Department. The study found that these were the most dangerous intersections in the city:

• South Vermont Avenue and West Florence Avenue
• West Manchester Avenue and South Normandie Avenue
• Victory Boulevard and Lindley Avenue
• West Manchester Avenue and South Vermont Avenue
• East Manchester Avenue and Avalon Boulevard

The study also ranked the LA neighborhoods with the highest rates of intersection crashes causing death or injury. The top 10 were:

• Downtown
• Van Nuys
• Westlake
• Historic South-Central
• Florence
• Hollywood
• Koreatown
• Boyle Heights
• Vermont Square
• North Hollywood

It’s important to keep in mind that these neighborhoods vary greatly in size. Some relatively small neighborhoods had a much higher rate of dangerous crashes per square mile than larger neighborhoods. For example, the rate of dangerous crashes per square mile in Westlake (2.7 square miles) was much higher than the rate of dangerous crashes per square mile in Van Nuys (9 square miles).

If you’ve been injured in a car accident, obtaining a copy of the police report can be crucial for supporting your claim or lawsuit. You might be able to get this report online in either English or Spanish through the LAPD website. Keep in mind that it usually takes at least 45 days after the accident for the report to be reviewed and approved for release. Alternatively, you can request the report by mailing a request form along with a $15 check to the Document Processing Unit of the LAPD Records and Identification Division.

If you think a doctor provided you with substandard care, you can file a complaint with the Medical Board of California. If a loved one experienced abuse at a licensed nursing home, there are several steps you can take to seek help. You can contact the LAPD or the Long-Term Care Ombudsman Program. Additionally, you can reach out to the district office of the California Department of Public Health in Los Angeles County.

If you were injured in a crime such as an assault, there are resources available to help you. You can contact the Bureau of Victim Services in the Los Angeles County District Attorney’s Office. Additionally, the Los Angeles City Attorney’s Office operates a Victim Assistance Program, which has victim advocates in offices throughout the city.

If you were involved in a workplace accident, the Division of Workers’ Compensation in the California Department of Industrial Relations offers valuable information to help you navigate the process. If you have concerns about a safety hazard in your workplace, you can reach out to Cal/OSHA, the state agency responsible for overseeing workplace health and safety. They can help address any hazards and ensure your work environment is safe.

1. What types of damages can I get in a personal injury lawsuit?

   The primary type of damages awarded is compensatory damages. These are further categorized into economic and non-economic damages. Economic damages cover tangible costs such as medical bills, lost income, property damage, and necessary adjustments to your home or vehicle to accommodate a lasting disability. On the other hand, non-economic damages address more intangible harm like pain and suffering and emotional distress. In some rare instances, if the defendant's actions were particularly egregious, a victim might receive punitive damages in addition to compensatory damages.

2. How much does it cost to hire a personal injury lawyer?

   When you hire a personal injury lawyer, you don't need to worry about paying anything upfront. And if your lawyer doesn't secure compensation for you, you won't owe them anything. If your attorney does obtain a settlement or verdict on your behalf, their fee will be a percentage of that amount. This percentage can vary, often ranging between 25 and 40 percent, and may depend on how far your case goes through the legal process.

3. Why is it worth suing someone for a work injury if you can get workers’ comp?

   Workers' compensation benefits are designed to cover specific types of losses, including medical expenses and a portion of lost wages. However, they do not provide compensation for harm like pain and suffering. If you are able to hold someone liable for your injury through a lawsuit, you have the potential to receive a broader range of damages. This could include full reimbursement for your lost income, as well as non-economic damages like pain and suffering.

4. What happens if the driver who hit me didn’t have insurance?

   If you're involved in an accident with an uninsured driver, you can file a claim with your own insurance company under your uninsured motorist coverage. This coverage is typically included in your policy unless you specifically waived it in writing. However, it's important to remember that even though you're dealing with your own insurer, they may not always act in your best interest. Your insurance company might use the same arguments against liability that the uninsured driver would have used.

5. Can I file a lawsuit on behalf of my child?

   If your child has been injured, you have the right to file a personal injury lawsuit on their behalf, since they are unable to do so on their own. Should you reach a settlement in the case, it is necessary to seek the court's approval. The court will review the settlement to ensure that it is in the best interest of your child.

6. Can I get compensation if I had a pre-existing condition before the injury?

   You can receive compensation if an injury aggravates a pre-existing condition. To do so, you'll need to demonstrate how the condition changed as a result of the accident. These cases can be quite complex and often face strong opposition from insurance companies. Therefore, it's best to consult an attorney who can help navigate the challenges and advocate for the compensation you deserve.

7. Are personal injury damages taxable?

   In most cases, personal injury damages are not subject to federal or California income tax. However, if your award includes punitive damages, that portion may be taxable.