San Fernando Personal Injury Lawyers

Timeline of a Personal Injury Lawsuit

Navigating a personal injury lawsuit can be a lengthy and complex process, often extending over several years before a resolution is reached. Here are the key stages in the timeline of a personal injury lawsuit:

Medical Recovery: The foremost priority after an accident is to seek immediate medical attention to address any injuries. This step not only ensures your health and well-being but also provides essential documentation for your case.

Attorney Research: After addressing your injuries, the next critical step is to find the right personal injury lawyer who understands the specifics of your case. This involves ensuring that the lawyer is well-suited to represent your interests effectively.

Initial Investigation: Once you’ve enlisted a lawyer, they will begin a detailed investigation. This includes gathering evidence, supporting your recovery process, and advancing your claim towards a settlement.

Settlement Negotiations: After the investigation concludes and all pertinent evidence is collected, your lawyer will negotiate with the insurance companies to reach a settlement that adequately compensates for your losses.

Preparation for Trial: If negotiations do not result in a settlement, your lawyer will prepare to take your case to trial. This preparation involves building a robust case based on gathered evidence and legal expertise.

Filing Lawsuit and Serving Defendants: The lawsuit will then be officially filed, and the defendants will be notified to provide them with the opportunity to present their defense in court.

Discovery and Pretrial: During this phase, both parties exchange information to bolster their claims. This typically involves depositions and witness interrogations. This process can take several months and is crucial for gathering compelling evidence.

Mediation and Negotiation: With new information from discovery, negotiations may resume. Mediation by a third party might also be employed to facilitate a settlement before going to trial.

Trial: If mediation and negotiation do not resolve the dispute, the case proceeds to trial where it is presented before a judge or jury. The trial’s duration depends on the case’s complexity.

Disbursements: Once a verdict is reached and compensation awarded, the funds are disbursed to the plaintiff typically within 30 days.

Understanding California Personal Injury Laws

California’s personal injury laws create a framework for addressing injuries resulting from negligence, intentional or otherwise. Key areas covered include:

Car Accidents: As an at-fault state, California requires that responsibility for a car accident be established before insurance payouts are made. The state’s comparative negligence law may reduce compensation if the plaintiff is found partially responsible for the accident. Various driving laws also help determine liability based on whether they were adhered to or violated at the time of the accident.

Premises Liability: This area of law holds property owners and managers accountable for injuries that occur on their property due to negligence. Claims often involve accidents like slips, falls, and construction mishaps. Essential factors include ownership, control, and the duty of care owed by the property manager or owner to prevent harm.

General Negligence: Under California’s negligence laws, any failure to exercise reasonable care that results in injury may lead to liability. Victims of negligence are entitled to compensation for the harm they suffer.

Wrongful Death: In cases of death caused by negligence or misconduct, wrongful death claims allow family members to seek damages. In California, these claims must be filed within two years from the date of the person’s death and are limited to immediate family members or legal heirs.

Each of these areas requires a nuanced understanding of the law to effectively navigate the legal processes and achieve just compensation.

Read more: What are California Personal Injury Laws?

What to Do If You’re Injured at Work

Workplace accidents can occur anywhere, whether at the physical location of employment or elsewhere during work hours. Any injury that happens while performing work-related duties, including injuries sustained in traffic or at other locations while on the clock, is considered a workplace injury. For instance, an employee injured in a car accident while traveling to a job site would qualify for this category. In such cases, the injured party may be eligible to claim both personal injury and worker’s compensation benefits. Depending on the circumstances, it might be necessary to consult a personal injury lawyer or a workplace injury attorney to ensure maximum compensation is secured.

Who is Liable for My Personal Injury?

Liability determines who is legally responsible for causing an injury. Establishing liability is a critical and sometimes complex step in a personal injury case that often requires extensive legal expertise to navigate. An experienced personal injury lawyer is essential for investigating and pinpointing who should be held accountable. Liability might be clear from an admission of fault, or it might necessitate a thorough evaluation of evidence by a jury.

There are several types of torts ^[5] that can establish liability:

• Negligence: This is the most common basis for personal injury claims and refers to unintentional acts or failures to act that breach a duty of care and result in harm.
• Intentional Torts: These occur when harm is caused deliberately. Common examples include assault, battery, and other actions that might also constitute criminal offenses.
• Strict Liability: In cases involving inherently dangerous activities or products, liability does not depend on fault. For example, manufacturers can be held strictly liable for injuries caused by defective products, regardless of negligence.

Who Can Be Liable in a Personal Injury Lawsuit?

Liability in a personal injury case can extend to a wide array of parties depending on the accident specifics:

• Drivers: Responsible if their negligence on the road leads to an accident.
• Property Owners: Liable for accidents caused by unsafe conditions on their property.
• Businesses: If a business fails to maintain safe conditions in their rented spaces, they can be held accountable.
• Parents: Often held liable for accidents caused by their underage children.
• Service Organizations: Can be liable if their negligence leads to an accident.
• Employers: Responsible for injuries that occur during work-related activities.
• Governmental Agencies: Can be held liable for injuries caused by unsafe public spaces or regulatory failures.
• Manufacturers: Accountable for harm caused by defective products.
• Repair Services: Liable if improper repairs lead to accidents.

Identifying all potential liable parties often requires thorough investigation and legal expertise which emphasizes the need for a personal injury lawyer with experience in navigating these complexities.

Proving Negligence in a Personal Injury Claim

In any personal injury case, the burden of proof rests with the plaintiff, the person making the accusation. This is particularly crucial in negligence lawsuits. To successfully prove negligence and secure a settlement, an experienced personal injury lawyer must establish four critical elements ^[6]:

1. Duty of Care – Establish that the defendant owed a duty of care to the plaintiff, which means there was a legal obligation to prevent harm.
2. Breach of Duty – Demonstrate that the defendant breached this duty of care through actions or inactions that could foreseeably lead to injury.
3. Causation – Connect the defendant’s actions directly to the injuries sustained by the plaintiff by showing that the defendant’s breach of duty directly caused the injury.
4. Damages – Provide evidence that the plaintiff suffered actual harm or injury as a result of the defendant’s negligence.

Evidence to support these elements might include:

• Photographs or videos of the accident scene
• Medical records documenting the injuries
• Police or incident reports detailing the event
• Financial documentation such as medical bills and proof of lost income to quantify the claim

Read more:  How to Win Your Personal Injury Claim

Read more: How to Prove Negligence

Understanding California Comparative Negligence

In California, the doctrine of comparative negligence allows for a plaintiff’s compensation to be reduced by their percentage of fault in the incident ^[7]. For example, if a plaintiff is found to be 20 percent responsible for an accident, they would receive 80 percent of the awarded damages. This system ensures that each party is held accountable for their contribution to the accident.

Read more: What is Comparative Negligence in California?

Should I Speak with the Other Party’s Insurance After an Accident?

Interacting with insurance companies after an accident can be tricky, especially when dealing with the negligent party’s insurer. It is advisable to proceed with caution:

• Avoid Recorded Statements: Insurance adjusters may request a recorded statement to find inconsistencies they can use to challenge your claim. It is best to decline such requests without legal advice.
• Understanding the Risks: Insurance companies primarily look to protect their financial interests, not the injured parties. They may attempt to contact you directly before you have legal representation to gather information that could undermine your claim.
• Dealing with Your Own Insurance: While you must notify your own insurance company of the accident, be cautious with the details you provide as they too might seek to minimize the compensation.

Given the complexities and potential pitfalls of dealing with insurance companies, it is highly recommended to consult with a personal injury lawyer. An experienced attorney can navigate these conversations effectively, ensure that your rights are protected, and prevent you from inadvertently harming your claim.

Read more: Should I Talk to the Other Insurance Company After an Accident

Understanding the Statute of Limitations on Personal Injury Claims

The statute of limitations is a critical legal concept defining the deadline by which a lawsuit must be filed after an injury occurs. In California, the general statute of limitations for personal injury claims is two years from the date of the accident ^[9]. However, if the injury was not immediately discovered, the statute begins at the moment the injury is or should have been discovered. Additionally, if the claim involves a government entity, the injured party must file a claim within six months and adhere to specific procedural guidelines. Notable exceptions to this rule include:

• Minors: The statute extends for children under 18 and allows a claim to be filed within two years after the child reaches the age of 18.
• Defendant’s Absence: If the defendant is out of state, the statute of limitations is paused until they return, as they cannot be served while away.

Read more: Personal Injury Statute of Limitations 

What Damages Are Recoverable in a Personal Injury Claim?

Victims of personal injury due to another’s negligence can pursue compensation ^[10] for various damages:

• General Damages: These compensate for non-economic losses such as physical pain and suffering, emotional distress, and diminished quality of life.
• Special Damages: These cover economic losses including medical expenses, lost wages or loss of earning capacity, property damage, and costs associated with ongoing treatment or therapy.
• Punitive Damages: In cases of particularly egregious negligence, courts may award punitive damages to punish the wrongdoer and deter similar future conduct.

Read more: Damages in a Personal Injury Lawsuit

Assessing a Fair Settlement for a Personal Injury

A fair settlement in a personal injury case should comprehensively address all damages incurred by the victim and ensure they are made whole. Key elements of a satisfactory settlement include:

• Coverage of All Medical Expenses: The settlement should fully cover both immediate and future medical treatments related to the accident and ensure the victim does not pay out of pocket.
• Compensation for Suffering: It should adequately compensate for both current and future physical pain, emotional distress, and any related hardships. This includes ongoing care needs such as therapy, medication, and necessary accommodations for disabilities.

Achieving an optimal settlement often requires the expertise of an experienced personal injury lawyer who can effectively value the claim and negotiate with insurance companies. A skilled attorney ensures that the settlement not only covers all calculable costs but also adequately addresses the broader impacts of the injury on the victim’s life.

Understanding Average Personal Injury Settlements

Approximately 95% of personal injury claims are settled before reaching trial. The average settlement amount can vary significantly depending on several factors, such as the type of accident, severity of injuries, and the long-term impact on the victim. For instance, a person who sustains a broken arm in a car accident generally receives less compensation than someone who loses a limb in a work-related incident. Injuries resulting in permanent disabilities or significantly reduced quality of life typically command higher settlements. On average, settlements from various accident types might look something like this:

• Auto accidents: ~ $25,500
• Motorcycle accidents: ~ $79,300
• Pedestrian accidents: ~ $53,500

It is also noted that individuals who engage personal injury lawyers often secure larger settlements. Represented parties have received an average of about $77,600 compared to $17,600 for those without legal representation ^[11].

Read more: What is the Average Personal Injury Settlement?

Personal Injury Lawyer Costs

Personal injury lawyers commonly work on a contingency fee basis, meaning their fees are contingent upon winning the case. Here’s what you need to know about the costs:

• No Upfront Fees: Clients are not required to pay upfront. Instead, lawyers cover all costs incurred during the claim process which will then be reimbursed from the settlement or judgment.
• Contingency Fee: Lawyers only get paid if they win the case, with typical fees ranging from 30% to 40% of the recovered amount, depending on the complexity and stage of the case.
• Sliding Scale Fees: Some agreements feature a sliding scale, where the fee percentage increases with the complexity or duration of the case.
• Risk-Free Consultation: Most lawyers offer a free initial consultation to evaluate the case and discuss the feasibility of proceeding.
• Clear Agreements: Transparent communication about the contingency fee agreement, including any potential expenses to be reimbursed, is crucial for client understanding.

Read more:  How Much Does a Personal Injury Lawyer Cost?

Is Hiring a Personal Injury Lawyer in San Fernando Worth It?

Hiring a personal injury lawyer in San Fernando is often highly beneficial for victims. Despite concerns about costs and the legal process’s complexity, statistics show that lawyers significantly enhance the likelihood of securing better settlements. Key advantages include:

• Optimal Settlements: Lawyers skilled in personal injury law, like those at Mesriani Law Group, can effectively argue the severity of injuries and their impact and often achieve superior compensation for their clients.
• Maximized Compensation: Lawyers increase the chance of recovering full compensation for all related costs including medical treatments necessary now and in the future.
• Expert Guidance: Navigating a personal injury claim can be daunting, especially during recovery from an accident. A seasoned lawyer can guide clients through the process and help to avoid common pitfalls and facilitate a smoother recovery process.

Overall, the expertise of a personal injury lawyer is invaluable in managing claims, negotiating with insurance companies, and ensuring that victims receive the compensation they deserve for their injuries and related losses.

Read more: Are Personal Injury Lawyers Worth It? 

Benefits of Hiring a Personal Injury Lawyer

Engaging a personal injury lawyer to handle your case provides significant advantages ^[12]. These professionals are equipped to navigate the complex and often lengthy process of personal injury claims, ensuring that your rights are protected, and you receive the compensation you deserve. Here are several reasons to consider hiring a personal injury lawyer:

• Identifying Contributing Factors: Lawyers are skilled at uncovering often-overlooked details that contributed to the accident, thereby strengthening your case.
• Managing Testimonies: As memories fade or change, a lawyer ensures critical witness testimonies are accurately recorded and maintained.
• Dealing with Insurance Companies: Insurers often aim to minimize payouts. A personal injury lawyer will advocate for the best possible settlement or proceed to trial if necessary.
• Determining Liability: Establishing who is at fault in complex scenarios involving multiple parties or defective products can be challenging. A lawyer can effectively navigate these complexities.
• Court Representation: If negotiations fail and your case goes to court, having a proficient litigator can greatly enhance your likelihood of success.
• Maintaining Objectivity: Lawyers provide an objective perspective on your case which helps to keep the focus on the facts when emotions run high.
• Guiding Through the Claim Process: From explaining pertinent laws to expediting the claims process, a lawyer will manage every aspect of your case.
• Access to Medical Care: Experienced lawyers often have networks that can ensure you receive the best medical care available.

Hiring a personal injury lawyer not only offers expert guidance throughout the legal process but also improves your chances of a favorable outcome significantly.

Choosing the Right Personal Injury Lawyer

Selecting an effective personal injury lawyer involves several important considerations ^[13]:

• Relevant Experience: Ensure the lawyer has experience handling cases similar to yours and understands the specific legal challenges and insurance negotiations involved.
• Track Record: Look for a lawyer with a proven record of securing substantial settlements and favorable outcomes in court.
• Commitment: Your lawyer should have the time and resources necessary to give your case the attention it deserves.
• Negotiation Skills: Since many personal injury claims are settled out of court, strong negotiation skills are essential for securing a fair settlement.
• Trial Readiness: The lawyer should also be prepared and willing to take your case to trial if necessary, indicating robust litigation experience.
• Investigative Prowess: A competent lawyer will thoroughly investigate your claim, preserve key evidence, and utilize expert witnesses to support your case.
• Communication: Effective communication is crucial. Your lawyer should listen to your concerns, provide clear updates, and explain legal processes in understandable terms.
• Continual Learning: Laws and legal precedents change, so a good lawyer stays informed through ongoing education.
• Empathy and Compatibility: It’s important that you feel comfortable with your lawyer, who should demonstrate genuine concern for your well-being and a commitment to achieving the best outcome for you.

The right personal injury lawyer will not only be highly skilled and experienced but will also resonate with your personal needs and case specifics, ensuring the best possible representation and outcome.

Read more: How to Find the Best Personal Injury Lawyer

Read more: What You Should Look for in a Personal Injury Lawyer

Read more: Questions to Ask Before Hiring a Personal Injury Lawyer

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“No Win, No Fee” Policy

Mesriani Law Group has over two decades of experience in protecting victims of personal injury accidents in San Fernando. We understand that victims of accidents are sometimes hesitant to file a claim for damages against a responsible party due to perceived high legal fees. To resolve this matter and help more people get the best compensation they deserve, we offer a “No Win No Fee” guarantee to all our clients. This means that if we are not able to provide you with the justice you deserve, you don’t have to pay us anything for our legal services regardless of the complexities of your claims. We offer this because we are confident that our experience, expertise, and dedication will provide the best chance of getting the maximum compensation you deserve.

Free Consultation with a San Fernando Personal Injury Lawyer

Navigating personal injury claims can be delicate, and handling your own negotiations after a serious injury could jeopardize your compensation. You need a seasoned attorney who is adept in personal injury law. Mesriani Law Group’s personal injury attorneys have a long-standing history of representing accident and negligence victims across California for more than two decades. Our committed team is focused on safeguarding your rights and managing your case from start to finish to ensure you receive the compensation you deserve.

We operate on a No Win, No Fee basis, which means there are no upfront legal fees. You only pay if we win your case.

Focus on your recovery while we take care of securing your justice. Contact Mesriani Law Group today at (310) 826-6300 or reach out to us online to book your free consultation.

When should you contact a personal injury lawyer?

It’s crucial to contact a personal injury lawyer as soon as possible after an accident, ideally after receiving initial medical treatment. Prompt consultation ensures that the details of the incident are clear and documented, and it helps in taking timely action within the statute of limitations.