LA Personal Injury

LA, California Personal Injury

When you've been injured by someone else's carelessness, it's important to take some steps to help make sure your claim is settled fairly and quickly:

• Write down everything you remember about the accident or injury, such when and where it happened; the names, addresses and phone numbers of witnesses, LA police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to a LA Personal Injury attorney before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away that you intend to file a claim against them
• Gather and keep evidence, such as photographs of a car accident or injury scene; clothing; damaged personal belongings; etc.

How Do I Figure Out Who Is at Fault?

In most cases, you must prove the person who caused the injury was negligent. That is, he didn't use reasonable care. In LA, California, you must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

Under LA, California's comparative negligence law, if your carelessness or negligence helped cause your injury, the amount you may recover is reduced by your degree of fault.

Under California's joint and several liability rules, everyone responsible for your injury is liable for all of your economic damages. These include medical expenses and lost wages. Each person may be forced to pay all of your damages regardless of their degree of fault.

It's different for noneconomic damages. These include pain and suffering and emotional distress. These damages are split between those who caused your injury according to their degrees of fault.

If you've been injured by a consumer product in LA, the manufacturer or seller may be responsible under strict liability law. Generally, it makes some people responsible for damages caused by their products, regardless of their "fault." Under California law, you need to prove:

• The product was in a defective condition, and unreasonably dangerous even if you used it in the way it was intended to be used
• The defect caused your injury
• You suffered damages
• The danger wasn't "open and obvious," such as a sharp knife

What Is My Claim Worth?

Under LA, California law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• Any other costs that are a direct result of your injury

In medical malpractice cases, there's a $250,000 cap on noneconomic damages. There's no cap on economic damages.

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A LA Personal Injury attorney will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In most LA, California personal injury cases, you only have two years to file a lawsuit against the person who injured you. If your attorney hasn't been able to come to an agreement with any involved insurance companies or defendants, you definitely want to file a lawsuit before the two-year statute of limitations runs out.

Questions for Your LA Personal Injury Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?