Sherman Oaks Personal Injury Lawyer

Sherman Oaks Personal Injury Attorney

If you are a California resident who has experienced injuries or damages because of someone else’s negligence, you should speak with a Sherman Oaks personal injury lawyer. A lawyer can review your case, investigate the situation, answer any questions you may have, and help you explore your legal options. Anyone who has been injured due to someone else’s negligence deserves to be justly compensated. A lawyer can help you get that compensation.

The Claim Process

The process of filing a personal injury claim is important to understand. The timeline for resolving a claim can vary depending on many factors, but meeting the statute of limitations for your case is crucial. The first few months of the case are usually geared toward getting you the necessary medical attention to make sure you are okay, which is where a personal injury attorney in Sherman Oaks can take over the legal aspects of your case while you recover.

Medical Treatment

Prioritizing your health is the most important thing to do following an accident. Not only is it good for your well-being, it is very significant in the context of your claim. Insurance agents are often trained to try every means possible to avoid paying out a claim. If you delay in seeking the necessary medical attention, they may interpret that to mean your injuries aren’t serious or unrelated to the accident. You don’t want to give them any ammunition to use against you.

Consequently, it’s ideal for you to wait until you have recovered before sending out your demand letter to the insurance company or defendant. Lawyers like to wait until you’ve reached maximum medical improvement because it allows everyone to have a fully comprehensive understanding of the extent of your injuries, the recovery time needed, and the long-term effects.

Investigation

A lawyer will also investigate the case themselves. Even if you have a police report filed or law enforcement has already investigated the case, a lawyer will do their own evaluation. This includes capturing photos and videos, visiting the accident scene, speaking with witnesses, analyzing police reports and medical records, and employing subject matter experts. The time and level of investigation will depend on the complexity of the case.

Demand Letter

Once the investigation has been completed and you’ve recovered from your injuries, a demand letter will be sent to the responsible party. Within the letter will be the details of the incident and a request for compensation within a certain timeframe. The party will respond, and the negotiation process will typically commence.

If an agreement can be reached, the case will conclude, and you will be paid out of your settlement. Otherwise, the case could proceed with a legal claim against the responsible party. This means your case will take longer to settle, as it will likely go to court.

Types of Personal Injury Cases We Handle

Our firm prides itself on handling a wide variety of legal cases. Personal injury can encompass a multitude of different legal cases in California. A few of the many cases we can help with include:

• Car accidents
• Truck accidents
• Bus accidents
• Train accidents
• Slip and fall accidents
• Pool and drowning accidents
• Pedestrian accidents
• Brain and spinal cord injuries
• Catastrophic injuries
• Wrongful death

Factors That Affect the Settlement

A personal injury case settlement is influenced by several factors. The settlement amount is to compensate you for the injuries and damages you suffered from the accident. Each one of these factors is important and will play a large role in the outcome of your case.

• The severity of the injuries sustained. In general, the more severe the injuries, the higher your settlement could be. Injuries can typically be placed into three different tiers.
  • Tier 1. These are the most severe injuries. This could be traumatic brain or spinal cord injuries, permanent scarring or disfigurement, or wrongful death.
  • Tier 2. These are typically injuries that require surgical procedures but are not quite tier 1. These could be fractured or broken bones or lacerations.
  • Tier 3. These are more moderate types of injuries that may not require surgery. These could be strains, sprains, or contusions.
• Medical expenses. Any medical bills and expenses associated with the injuries sustained will be factored into the settlement amount. This could be doctor visits, prescriptions, rehabilitation costs, surgeries, hospital stays, and travel costs to and from the hospital.
• Lost income. Any income that was lost because of your injuries will be recovered in the settlement. Your age, current income, and future potential income will be considered.
• Pain and suffering. This includes the emotional, physical, and mental trauma of the accident and injuries suffered. An accident can have a serious impact on your daily life. You could be rewarded for any pain and suffering sustained.
• Insurance. This is typical in auto accident cases. The level of insurance coverage will be a large factor in the case settlement. The at-fault party’s insurance is responsible for paying the settlement. If they don’t have a high enough coverage amount or no insurance coverage at all, then you may have to pursue compensation from the responsible party directly.
• Legal fees. Attorney fees, filing fees, and court costs will also be included in the settlement amount.

What to Do After an Accident

One of the most common types of personal injury cases is auto accidents. This could be a car, truck, bus, bicycle, or pedestrian accident. These accidents are so common because a large portion of the population travels in a vehicle, and with California being such a densely populated state, accidents are bound to happen. Due to this, it’s crucial that you understand what should be done if you’re ever involved in an auto accident.

• Pull over to a safe area if possible.
• Remain calm, stay in the vehicle, and call 911.
• Wait for the police to arrive and seek any necessary medical attention. It’s always a good idea to get checked by a medical professional, even if you feel fine. It’s not uncommon for people to feel fine immediately after an accident only to start experiencing symptoms days later. This often happens with whiplash injury. You want to make sure you get ahead of any potential injuries that could be lingering even if you don’t immediately feel them.
• If you can, you should take photos and videos of the accident scene before the vehicles are taken away. This can serve as evidence of what happened and may help your case later.
• Obtain the name and contact information of all drivers involved, including witnesses. Witnesses may be called later during your case.
• Finally, you should contact a lawyer. It’s important that you speak with a lawyer before speaking with any insurance agent or adjuster. Remember, you should never admit fault in an accident, and you should not talk to an insurance company. Insurance adjusters are trained to get their way out of paying for damages. They may attempt to get you to admit fault and use it against you in your case. Have the other party’s insurance agent speak with your lawyer.

How Fault Is Determined

In California, there are certain criteria that must be met for fault or liability to be determined in a personal injury case. An individual must be found to be negligent. The process for determining negligence can vary from case to case, depending on the specific circumstances. Duty of care and breach of duty of care are the main factors in determining negligence.

Duty of care means that the individual has an obligation to conform to a reasonable standard of conduct. California courts will determine what that conduct is depending on the case and by using common sense.

For example, a driver on the road has a duty of care to the other drivers to act responsibly when on the road. If the driver breaches this duty of care (by speeding, driving distracted, or driving recklessly), they breach this duty and could be found negligent. To prove fault, it must be proven that the driver’s negligence caused the accident/injuries. If negligence and fault are proven, the responsible party can be held liable for the damages they caused.

Statute of Limitations

A statute of limitations is a law that establishes a time frame for you to file a legal claim in court. The statute of limitations for most personal injury cases in California is two years. This means you have two years from the date of the incident to file a claim against the responsible party. If you fail to file a claim in time, you could lose your legal right to receive compensation. This is why getting an attorney involved as soon as possible is important.

FAQs for Personal Injury Attorneys

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

A: Personal injury lawyers in California vary in costs, depending on many different factors. The most important factors will be the lawyer’s location and experience level and the case’s complexity. You also need to consider the lawyer’s fee structure. Each lawyer could have a different structure; some may charge on an hourly basis, some may charge a flat fee, and some may charge a contingency fee. It’s important to ask your attorney about their fee structure before getting started.

Q: How Much Can You Sue for in a Personal Injury Case in California?

A: There is no set limit on the amount you can receive in compensation for a personal injury claim. There are certain amounts you can expect on average depending on the type of case, but they are merely estimates. Each case is unique, and compensation will depend on an individual’s medical expenses, lost income, damages, pain and suffering, etc. You should speak with an attorney who can review your case, investigate your claim, and come up with a reasonable amount.

Q: How Long Does a Personal Injury Lawsuit Take in California?

A: A personal injury lawsuit in California can take several weeks to several years to resolve, depending on the complexity of the case. The timeline varies so widely because each case is different. Recovery times, communication effectiveness, negotiation processes, and court availability can all differ from case to case. If there are multiple parties or corporations involved, your case will likely take much longer to settle. In general, the more complex your legal case is, the longer you can expect it to take.

Q: What Are the Most Common Types of Personal Injury Cases?

A: Some of the most common types of personal injury cases in California are car accidents. Car accidents occur each and every day; driving a car is perhaps one of the most dangerous things we do on a daily basis. Drivers are often driving distracted, speeding, or driving recklessly. This dangerous behavior can lead to an accident, causing serious physical damage and personal injuries. People who have been hurt during a car accident should call a personal injury lawyer immediately to file a claim.

Q: How Is Pain and Suffering Calculated in California?

A: Pain and suffering in California is calculated in two general ways. The per diem method and the multiplier method. The per diem method assigns a dollar amount to each day the victim suffers from sustained injuries. This amount is multiplied by the number of days they are expected to continue suffering. The multiplier method totals the economic costs of the injuries and multiplies it by a predetermined multiplier. The multiplier can vary depending on the severity of the injuries and damages.

The Legal Support You Need

Personal injury law in California can cover a wide variety of cases. Anything from car accidents to slip and fall accidents to wrongful death can fall under personal injury. If you or a loved one has been injured, you should speak with an attorney immediately. The statute of limitations limits the amount of time you have to file a claim for fair compensation. The sooner you speak with a lawyer, the better your chances of success are. Act now.

The legal team at Freeman & Freeman, LLP is ready and willing to assist you. We have helped clients all across the great state of California resolve their legal cases. We have the resources, compassion, and dedication needed to help you reach a positive resolution. Our job is to get you the justice and compensation you rightfully deserve. With our help, you can rest assured that you will get quality legal representation. Contact us today for help with your personal injury case.