Reseda Personal Injury Lawyer

Reseda Personal Injury Attorney

If you’ve ever had a near-miss accident with a tractor-trailer or nearly taken a tumble walking through someone else’s property, then you have a sense of how quickly a personal injury can occur. Any harm you incur due to someone else’s negligence can lead to the need for the professional services of a Reseda personal injury lawyer. With an experienced attorney at your side, you can recoup medical expenses or monetary damages related to your pain and suffering.

Personal injury cases require the work of an experienced law firm. The lawyers of Freeman & Freeman, LLP, have many years of experience fighting for the rights of clients who have suffered injuries.

What Is a Personal Injury?

A personal injury is the legal term for any harm done to the body or emotions. This differentiates personal injury from cases that involve property damage. Anyone who files a personal injury case requires evidence that the injury occurred as the result of someone else’s negligence or misconduct. The misconduct could be intentional or unintentional but the result of reckless conduct.

The individual who takes legal action to claim damages is known as the plaintiff, while the individual who is being sued is the defendant. Personal injury cases are civil in nature, meaning the civil courts do not hear any matters related to criminal or family law.

In Reseda, California, a personal injury lawsuit could lead to monetary damages being awarded to the plaintiff. These would be calculated in part by the extent of the injury, medical expenses incurred by the plaintiff, lost wages, and possibly punitive compensation for pain and suffering. Punitive damages can be awarded when there was extreme neglect or malice on the part of the defendant.

Common Types of Personal Injuries

Any situation that leads to an injury is potential grounds for filing a personal injury lawsuit. Our law firm regularly sees these more common types of injuries.

Slip and Fall Accidents

Slip and fall accidents can lead to broken bones, bruises, and other injuries. Severe falls could cause traumatic brain injury that requires months of treatment. Property owners are responsible for maintaining publicly available walkways.

Potential hazardous conditions and situations include:

• Torn carpeting
• Narrow stairs
• Changes in floor textures
• Poor lighting
• Broken or cracked sidewalks
• Wet walkways
• Wet floors

Environmental conditions can also lead to fall-related accidents. Icy sidewalks that are left untreated are one example. If you decide to pursue legal action against the property owner, one of the things the courts will consider is whether you were acting in a careless manner when you fell.

If you are able to demonstrate that you were acting in a reasonable and responsible manner, the courts will then consider whether the property owner took reasonable steps to ensure their property did not pose a danger to anyone using the sidewalk or another surface. Finding evidence that the owner knew about the dangerous condition and refused to take steps to correct the problem could strengthen your case.

Medical Malpractice

Nurses and doctors are trained to very high standards, but they can still make errors and mistakes that cause serious bodily harm to patients. One way to determine if a healthcare professional is culpable for medical malpractice deals with the concept of standard of care. While the standard of care for a given procedure is not always documented in medical literature, your personal injury attorney will look at what other doctors with similar training have done in the same situation.

One example of medical malpractice would be the doctor’s refusal to adjust treatments when new evidence arises. The doctor’s actions could be compared to what their colleagues did in those situations. If the doctor’s actions were out of line with an existing standard of care and the patient suffered an injury as a consequence, the patient could have grounds for filing a personal injury lawsuit against the doctor.

Traumatic Brain Injury

Another common injury that could be grounds for filing a personal injury case is traumatic brain injury, also known as TBI. A serious form of brain injury can result from a car collision, assault, gunshot wound, or anything that pierces or violently shakes the skull. TBIs are particularly harmful because the white matter and blood vessels in the brain are sensitive and prone to swelling and bruising.

The brain heals slowly, meaning that a TBI can require months of therapy and other forms of treatment. If TBI resulted from negligence or malice on the part of another party, that party can be subject to legal action. Your personal injury lawyer will consider the extent of your injury, medical bills, and past and future lost wages when calculating a suitable settlement offer.

Automobile Accident

Driving can be an inherently dangerous activity, but some vehicle collisions are the result of negligence on the part of the other driver. A commercial vehicle driver who fails to follow safety protocols, such as monitoring the conditions of their tires, can be held liable for causing the crash. Automobile collisions involving tractor-trailers can lead to catastrophic injuries or death.

Survivors who had a spouse or close relative die in a car accident can file a wrongful death lawsuit that seeks monetary compensation. Anyone seeking monetary damages from a commercial trucking company will likely face steep legal challenges because those companies often hire the services of law firms that have experience in defending truck drivers from lawsuits.

When to Hire a Lawyer

Not every accident is grounds for a personal injury lawsuit. Cities and other governmental entities have immunity from many types of personal injury cases, for example. This means that tripping on a public sidewalk owned by the city would not necessarily lead to legal grounds for filing a lawsuit.

If your injury resulted from the actions of an individual or private group, it may be beneficial to consider hiring legal counsel. Personal injury cases require four elements to be present.

• The defendant owed a duty of care
• The defendant failed in that duty
• The plaintiff was injured or harmed in some way
• The defendant was responsible for the plaintiff’s injuries

If you are unsure if your personal case has these four elements present, your attorney can review your case to determine if you are eligible for monetary damages under the law. When in doubt, it is wise to consult with a personal injury lawyer who understands personal injury law. Even a minor injury could be grounds for a legal claim. No one should have to suffer pain or discomfort due to the negligence of another.

What Will My Attorney Do For Me?

Having an experienced attorney through the personal injury lawsuit process can greatly improve your chances of claiming maximum monetary damages. Your lawyer will negotiate on your behalf so you can focus on recovering from your injury. A personal injury lawyer understands how and where to file, how to gather evidence and depositions, and the customs and procedures of the court. All of these elements are critical for winning a personal injury lawsuit.

It is not uncommon for opposing counsel to make accusations intended to undermine the strength of your case. Opposing counsel may try to argue that you were responsible for the injury or that your injury was not that severe. Your personal injury lawyer will rebut these arguments and protect your rights.

If your case goes to trial, your attorney will litigate in the courtroom. Cross-examining witnesses and the defendant, objecting to steps by opposing counsel, and communicating the merits of your case to the jury are all steps that your attorney will do for you.

How Do I Find a Qualified Personal Injury Lawyer in California?

Finding the right legal representation is one of the most critical elements of winning a case. Not all attorneys practice personal injury law, and those that do may not have experience in the courtroom. Start by relying on personal referrals and recommendations from friends, family, or co-workers who have won personal injury cases. Be sure to read online reviews that can provide objective feedback on the law firm.

Once you have settled on one or two finalists, schedule a consultation. Pay attention to how the attorney listens. Are they taking notes? Quality legal counsel should be attentive, informed, and empathetic. Consultations are also a great time to ask questions about your case and personal injury cases in general. You can ask if they’ve handled cases similar to yours before and what the outcomes were for those cases.

If the attorney has experience winning cases similar to yours and you feel comfortable with their personality and approach to litigation, you can be confident that you have found a good match for your legal needs.

Experienced attorneys may require higher hourly wages or more contingency payment agreements that are favorable to the law firm. Those costs are worth the peace of mind that comes from knowing that you have an experienced and passionate attorney who will fight to maximize your monetary compensation.

FAQs

Q: How Much Do Personal Injury Lawyers Charge in California?

A: Attorneys charge $200 to $400 an hour on average. Some lawyers charge considerably more, depending on their area of focus and experience. Personal injury cases may rely on contingency fees, meaning that you will not have to pay per hour for your case. Each law firm handles payments differently, so be sure to bring up the issue of payments during your initial consultation.

Q: What Is the Statute of Limitations for My Personal Injury Case in California?

A: The statute of limitations for your personal injury case in California is two years. This deadline starts from the time of the accident. Failure to file your case within that time frame means that you will not be able to seek a claim. There are advantages to filing sooner rather than later. Evidence can disappear over time, and witness testimony may not be as reliable for your case.

Q: What Is the Success Fee for a Personal Injury Case?

A: The success fee for a personal injury case is the percentage of any settlement or jury award that goes to your lawyer. Personal injury cases are often based on contingency fees. Rather than paying your lawyer a set hourly fee, your personal injury attorney may agree to be paid based on a percentage of any monetary damages awarded in your favor. What that percentage is will depend on the specifics of your case.

Q: How Long Does It Take to Settle a Personal Injury Case in California?

A: It can take several months to a few years for a personal injury case in California to settle. Often, before the first settlement offer is made, both sides require time to research available evidence. This step is called discovery. The settlement negotiation period can last months or even years as both sides try to agree on a settlement offer. Going to trial can extend the timeline for resolving your case even further.

Q: Why Do Most Personal Injury Cases Settle?

A: Most personal injury cases settle for two primary reasons. One, reducing the timeline for litigation is often in the interests of both parties. The plaintiffs generally need funds sooner than later to pay for medical treatments and other expenses, while defendants can reduce the cost of legal representation and the risk of a large jury award by agreeing to a settlement offer. Two, the courts do not have the capacity to provide a jury trial to every plaintiff, so the system generally encourages settlements.

Schedule Your Personal Injury Consultation Today

Whether you suffered a painful fall on someone else’s property, experienced a preventable automobile collision, or another form of injury due to the negligence of another individual, you may be entitled to monetary damages. Personal injury cases are intended to provide injured people with the resources they need to recover and recoup lost wages.

If you have missed work or experienced a painful injury due to someone else’s actions, give the offices of Freeman & Freeman, LLP, a call today. For more than 30 years, our attorneys have fought to help clients gain what is due to them through strategic litigation.