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Personal Injury in California

What is Personal Injury?

Personal Injury Law or Tort law is a branch of civil law that compensates victims for accidents, injuries or social wrongs. The injured person filing for a lawsuit is called the “plaintiff,” while the person who caused such injuries is the “defendant.” In cases where the accident resulted in wrongful death, the family of the deceased may file a case on his behalf.

The purpose of those who file for personal injury suits is generally to be compensated financially including the losses they may have incurred due to the accident. Some of the important personal injury laws that you may claim are:

How is Personal Injury Relevant to Motor Vehicle Accidents?

Some commonly associated laws that are linked to car accidents are:

  • Pedestrian laws –where drivers must stop and let pedestrians cross the streets when the signal signifying “walk” is lit. Similar to cars, the pedestrians must give way to the vehicles when the “don’t walk” or “stop” sign is active.
  • Driving laws – include the common rules in driving like overtaking a vehicle in the proper lane, not following a vehicle in very close manner, giving signals when turning, giving way to the driver on the right if two drivers approach an intersection at the same time, not using mobile devices while driving and other such rules known to the general public.
  • Motorcycle laws – requiring all riders including passengers to wear helmets on roadways.

When is personal injury applicable?

Personal injury in CaliforniaPersonal injury may arise out of any situation such as:

  • Accidents – these are usually the source of personal injuries due to a person’s negligence which, as a result, causes harm to the victim. Such cases include slip and fall accidents, premises liability, dog bites, workers’ compensation, and other types of cases.
  • Intentional Acts – are acts where a person deliberately decides to commit harm to another. Some examples include assault, battery and other intentional acts.
  • Product Defects – these are situations where the defendant is made liable to the harm caused even without negligence or intentional fault. To make the defendant liable for such claim, the following must be established:
    • That the product acquired was defective
    • The product was defective when it left the defendant’s possession
    • The product was used in a reasonable way
    • The harm done was a result of the defect of the product
  • Defamation– personal injury law applies when a person’s reputation is damaged due to another’s defamatory statement

Statute of Limitations

A time limit must be observed when filing personal injury since there are prescriptions or statutes of limitations which sets a time limit on bringing the lawsuit in court. The time limit in California is two years from the date of the accident and for most personal injury cases. However, if you have suffered from a hidden injury that you only knew of after the two-year period has elapsed, you will have one year from the discovery time to file for a lawsuit.

Negligence

In order to make the defendant liable for being negligent, the plaintiff must prove:

  • That a duty of care is owed by the defendant
  • That the defendant failed to do such duty
  • That the harm done was the result of failure to observe such duty
  • Actual damages

Negligence is when a person fails to exercise the necessary caution in which a reasonable person would exercise in the same situation. In California, a pure comparative negligence rule is used in cases where more than one party is at fault. The amount of compensation one might receive is reduced based on the degree of fault one is guilty of.

Damages caps in California

California practices “damages cap” where the amount of maximum compensation an injured person may receive is limited by law for certain types of harm which includes:

  • Uninsured drivers have no non-economic damages

Economic damages are compensation received as a result of monetary loss suffered because of the personal injury. These include medical bills, lost wages, property damage, loss of earning capacity, vocational rehabilitation, household services, and out-of-pocket costs.

Non-economic damages, on the other hand, are losses compensated you of your pain and suffering, discomfort, anxiety, disfigurement, emotional distress, loss of love, care, affection, companionship, and death.

  • Cases of Medical Malpractice

Non-economic damages for medical malpractice is limited to $250,000

Got into an injury accident? Get yourself an injury lawyer!

If you believe to have suffered due to an accident in California, you need to consult a personal injury lawyer well-versed in handling injury cases, especially if you’re not certain of your specific situation. An experienced injury attorney will help you explore the legal action you may have, seek compensation, personal injury protection, and other legal services available to you, as well as represent you in court if the case goes to trial. Call us now at the Law Offices of Marc Grossman for a free consultation.

What Can an Upland Personal Injury Attorney Do For Me?

Accidents happen to the best of us. It can come at the most unexpected time, whether you are out and about or within the safety of a building. If you have been in an accident, it is important that you consult an attorney, particularly one who has extensive experience on personal injury and bad faith insurance.

You may be thinking about the expenses involved and also consider handling the claims on your own. However, a personal injury attorney is well-versed in n area of civil law called tort law. Tort law includes cases in which the plaintiffs have suffered civil wrongs because of the negligent, reckless or intentional actions of others. Personal injury attorneys represent injured plaintiffs in order to try to recover compensation for them.

What types of cases do personal injury lawyers handle?

Personal injury lawyers might handle a variety of different types of claims. Some of the most common types of personal injury cases include the following:

  • Car accidents
  • Commercial truck accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Dog bites
  • Other vehicle accidents
  • Fires and burn injuries
  • Premises liability
  • Traumatic brain injuries
  • Wrongful death
  • Products liability
  • Workers’ compensation

This is not an exhaustive list. Personal injury claims might involve any case in which a person is injured and suffers harm because of the negligent or intentional actions of others.

What do personal injury attorneys actually do?

The steps that a personal injury lawyer might take in a claim will depend on the type of case that it is. There are some general steps that apply to most personal injury cases, however. Here are some things that your personal injury attorney might do in your case.

1. Evaluate potential claims

Personal injury attorneys carefully screen potential claims that people present to them. Since most injury lawyers work on a contingency basis, they are careful about the claims that they will agree to accept. The evaluation process may include an investigation into the merits of the claims.

2. Gather evidence

Personal injury lawyers may gather evidence to support their clients’ claims. They may hire accident reconstruction experts to show what happened in the moments leading up to the accidents by taking careful measurements and photographs and then conducting scientific analyses of the data. They may also get copies of the police reports about the accident and their clients’ medical reports. The attorneys may use investigators to find witnesses and get their statements. Gathering the evidence can play an important role in the ultimate outcomes of the cases.

3. Negotiate with the insurance companies

When you have a personal injury attorney representing you, your lawyer will handle the negotiations with the insurance companies that are involved in the case. As a part of this process, they might review the policies and determine the maximum amount of money that might be available. Your lawyer might also advise you against signing any documents that the insurance company might send to you or giving recorded statements. Finally, the attorney may negotiate with the insurance company on your behalf and send a demand letter outlining your legal claims and the amount of compensation that you are demanding to settle your claim.

4. Draft and file complaints

If the insurance company refuses to settle your claim for a reasonable amount or disputes liability, your lawyer may draft and file a civil complaint with the court that has jurisdiction to hear your claim. This document is a legal pleading that is filed to formally commence a lawsuit against the defendant or defendants. Once it is filed, it will need to be properly served on the defendant and the insurance company. The defendant will then have time to file his or her reply.

5. Go through the discovery process

After the complaint and answer have been filed, the case will go through a process called discovery. During this phase, both your lawyer and the defense lawyer will exchange the evidence that each side has in the case. Your lawyer may also send interrogatories to the defendant and conduct depositions.

6. Prepare for and go to trial

Personal injury attorneys continue to negotiate with the insurance companies throughout the pendency of their cases. Most of the time, the claims will be settled before they go to trial. However, good personal injury attorneys prepare their cases as if they are going to trial. If the insurance companies refuse to settle the cases for reasonable amounts, the lawyers may litigate for their clients at jury trials.

How much money can a personal injury lawyer recover?

The facts of every personal injury case are different. There is not a single amount of money that you might expect to recover in your case. The amount that you might expect to receive will depend on such factors as the extent and severity of your injuries, the expected length of your recovery, your medical expenses and income losses, and other relevant facts. Your personal injury attorney will value your claim and give you a range of compensation amounts that you might expect a fair settlement offer to fall in so that you can have a better idea.

What are the reasons that a personal injury lawyer might not take your claim?

There are several reasons why a personal injury attorney might not agree to take your claim. The fact that you were injured is not enough by itself. A lawyer will look at what happened in your accident to determine whether or not the other party’s actions constituted legal negligence or an intentional tort. If the actions do not meet the legal standards, a lawyer will be unlikely to agree to represent you.

If your injuries were very minor or you suffered few losses, an attorney is also unlikely to accept your case. Lawyers can’t accept claims based on speculation of what could have happened. It also is expensive to present cases, and if your losses are minor, it might not make sense for an attorney to litigate your claim.

Another reason a personal injury lawyer might not agree to accept your case is if you have already had several lawyers or appear as if you are shopping around for the attorney who will give you the highest quote for a potential settlement. It is important for people to find personal injury lawyers with whom they can work well.

Do you really need a lawyer?

It is possible for people to file personal injury claims and negotiate with the insurance companies on their own. However, it is not a good idea for people to take this approach in most cases. Tort law is complex, and personal injury attorneys have studied the law in law school and afterward in their practices. The law frequently changes, and your lawyer may be current with all of the changes that have occurred.

However, there are certain cases in which you might not need a lawyer. If your injuries were very minor or you only suffered property damage to a vehicle, you might be able to handle the negotiations with the insurance company on your own. However, if the insurance company denies your claim or if there are several parties that were involved, it might be a good idea for you to consult with a personal injury attorney. You should also talk to a lawyer if your injuries were serious and to evaluate any offers of compensation that you might receive. To learn more about your potential claim, contact the Law Offices of Marc Grossman today to schedule a free case evaluation.

Why You Need A Personal Injury Attorney

I need a personal injury attorney? Anyone who has ever had to deal with an insurance company will tell you that it is nearly impossible to get a fair settlement. That is why you need the assistance of an experienced personal injury attorney. A minor collision involving only vehicle damage may not require a personal injury attorney. It is a different story in cases involving serious injury or even death. It is easy to get compensated for a scratched fender from an insurance company. It usually takes getting a few estimates and submitting them to the adjuster. It is far more complicated when serious injury or death is concerned. The insurance company will offer you a settlement that is good for them but it will most definitely short change you. That is unless you have an experienced personal injury attorney on your side.

A Personal Injury Attorney Can Get You The Settlement You Deserve!

Determining what is fair compensation for a spinal cord injury, head injury, broken bones or the death of a loved one is a daunting task. Insurance companies use many techniques to reduce or deny your claim. They may try to assign blame to you. They may not agree to pay all of you medical bills or future medical bills. In short, they will do everything possible to get the best deal for them.

Our expert personal injury attorney have more than 100 years of practice experience. Our experts will accurately determine the value of your case (“damages”). Damages in a personal injury case include: Medical bills, future medical treatment, lost wages, loss of future earnings, pain and suffering, property damage and many others. An experienced personal injury attorney from the Law Offices of Marc Grossman can get you the settlement you deserve.

Our personal injury attorneys use modern science and forensic investigation along with medical specialists, economists and other experts to maximize your claim. We unleash these resources on the insurance company if they won’t agree to settle for what you deserve. The insurance company will usually make a more reasonable settlement offer when faced with the mountain of evidence uncovered by our experts.

What if they are unwilling to settle? We will use the courts to force them to pay what you deserve. Our personal injury attorneys have more trial experience that most law firms in the area. We are not afraid the take on the toughest insurance company lawyers. We know that if we are taking your case to trial, we have done everything possible to prove your case. that is how we have won hundreds of millions of dollars for our clients.

Anyone can hire the best personal injury attorney. We never charge any upfront fees for our personal injury clients. Our fees are factored into the settlement. This means you pay nothing out of your pocket to hire one of the best personal injury attorneys. So, no matter what your financial circumstances are, we can help.

“Our promise to you is that you will not pay us a dime unless we get you the settlement or verdict that you are entitled to.”

Call us today for a free, no obligation consultation 1-855-LOMG-911 or use the contact form on this page to request a call or email from one of our personal injury experts.

Preparing for Your Personal Injury Deposition

Ten Steps to Prepare for Your Personal Injury Deposition

First things first…

What is a deposition?

A deposition is a question and answer session with the other side’s attorney under oath. The defense attorney will ask you questions and you will answer.  A court reporter will take down everything that is said and occasionally they will be video taped.

Why do I have to do a deposition?

A deposition is part of the discovery process in personal injury litigation. Both the defendant and plaintiff have the right to discover what facts and evidence the other party may use in their case. You, as the plaintiff, have a duty to tell the defendant what you know and what evidence you have to support your case and vise versa.

What kinds of questions will they ask?

The defense attorney in a personal injury case will typically ask the Plaintiff many questions regarding the following areas:

  • General background information such as name, address, date of birth, who is in your family, education, work history, etc.
  • Information about your physical condition before the injury occurred. For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left handed or right handed, and he or she will want to know if you had any problems using that arm before the accident.
  • Information about the accident – how did it happen? Who were the witnesses? Did you talk to anyone after the accident? What did they say?
  • Information about your medical treatment and physical condition after the injury occurred. For example, What injuries did you sustain in the accident? Who treated you? Did you go to the hospital? Did you see your family doctor? What did the orthopedic doctor do? How long did you have to stay home from work after your surgery?
  • Information about the impact of the injuries on your life. What are you no longer able to do? What are you able to do but only with difficulty?

OK, now on to the 10 things…

1.  The questioning at your deposition will be similar to the questioning in court.

Legal questioning is not something that most people are accustomed to and it can make you feel under attack or cause you to be confused. The important thing is that you try to maintain control. You can control the pace of the questioning by pausing to think about your response before you respond.

2.  Make your responses concise.

You paused and considered your answer but before you open your mouth, reduce your response down to the most direct and concise answer possible. Your answer should be only a sentence or two and not a 10 minute dissertation.

3.  Dress to impress.

The defense is going to be sizing you up to determine what kind of witness you will make. A confident plaintiff who is dressed appropriately will appear to be a better, more credible witness than one is shorts and flip-flops.

4.  Give honest and accurate answers.

It is important that your answers be honest and accurate. Do not give the defense attorney the answer you think they are looking for or exaggerate your response. Doing so will work against you and may result in you being discredited as witness.

5.  Eat, drink and use the restroom.

A deposition can cause all sorts of anxiety and nervousness. One way to combat these feelings is by making sure that you are comfortable and not fatigued or doing the “pee-pee” dance. If you need water, food or restroom ask for it or ask to take a break. If you you deposition goes on for several hours and you are feeling fatigued, ask if it can be continued to the follow day or another mutually agreeable day. The important thing to remember is that if you are fatigued or uncomfortable, you are more likely to provide inaccurate answers or get tripped up by the defense attorney.

6.  It is OK to say “I don’t remember”.

Never guess, not even if it seems like you should know the answer. If you are not 100% sure and confident that you are providing accurate information, the best and only answer that you give is “I don’t remember.” You cannot be forced to answer a question that you do not know, so “I don’t remember” is a perfectly acceptable response. However, if you do know the answer but you feel as though your response may damage your case, do not say “I don’t know.” You are under oath and sworn under the penalty of perjury that you will tell the truth. Lying or withholding information under oath has legal consequences that you do not want to deal with and may ruin your case.

7.   Its OK to say “I don’t understand.”

No one likes to admit that they didn’t understand a question but if you don’t speak up and say “I don’t understand” you are making a big mistake. Lawyers get paid a lot of money to use big words and confusing rhetoric in an attempt to get a witness to provide contradictory statements or other responses that may be used later to make them appear unreliable as a witness or to discredit them altogether. If you don’t have a clear understanding of the question, let the defense attorney know. He or she will reword the question or give you an explanation.

8.  It is not always black and white or yes and no.

The defense attorney will try to pin you down and ask question in which they ask you to provide a yes or no answer when there is no yes or no answer. You cannot be forced to answer a question either yes or no if yes or no is not the way that you would answer. If you feel as though a question needs a more elaborative response than yes or no, you provide the best answer. You attorney will support you and make sure that you are not bullied into giving a response that pins you down to yes or no.

9.  Ask to see records and reports.

Defense lawyers will often refer to a report or record when asking questions but they won’t always go out of their way to show you that record or report. But, if the defense attorney refers to any document, you have the absolute right to see that document and to review it before responding. Do not assume that you know the contents of the documents in question even if you have seen them before. Ask for the document and then take your time to read through it and know the contents before you answer. Do not provide opinion, just facts to your own knowledge. If the document cannot be produced or they attorney will not give you the opportunity to review it, you simply say, “I cannot answer that question until I have had the opportunity to review the document.”

10.  Don’t let medical records be your undoing.

Be aware of what is in your medical records, particularly your medical records from before the accident. If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records. Ask to review the pre-accident records and talk to your attorney about any prior, similar complaints.

Common Car Accident Injuries

What are Some Common Auto Accident Injuries

Millions of people each year suffer car accident injuries. The vast majority of injuries are what is called “soft tissue” injuries meaning that the injury you sustained was to muscle or other tissue that will typically heal without without much medical treatment.

Often car accident injuries or soft tissue injuries will resolve themselves within a few of days without any medical treatment at all. More serious injuries might become permanent and result in some level of physical disability.

The type and severity of injuries suffered in a car accident depend on several factors that including:

  • Was the person wearing a seat belt?
  • Did the person’s car get hit from the rear, side or front?
  • Was the occupant facing straight ahead in the seat? Or was the person’s head or body turned in a certain direction?
  • Was it a low-speed collision or a high-speed crash?
  • Did the car have airbags?

The general categories of car accident injuries are: (1) impact injuries (such as when your head hits the dash board), and (2) penetrating injuries (such as being cut by flying glass).

Soft Tissue Injuries and Car Accidents

Soft tissue injuries cause damage to the body’s connective tissue, which means muscles, ligaments and tendons. Soft tissue injuries come in many forms.

“whiplash” is a soft tissue injury to the neck and upper back. Whiplash injuries occur when muscles and ligaments are stretched due to extreme movements of the head and neck in the car accident collision. Similar injuries occur to the mid-back and lower back or even other parts of the body.  The spinal injuries caused in an automobile accident can cause debilitating pain that lasts for months and even years. You may not feel the pain immediately after the accident. It is not uncommon to notice the pain the next day or even a few days later.

Scrapes and Cuts

In a auto accident, loose objects inside the car, broken glass and even objects outside of the vehicle turn into projectiles that can cause cuts and scrapes. Your airbag may cause injuries as well especially if you have something in your hands when it is triggered.  Most often the cuts and scrapes can be cleaned and bandaged with no further treatment required. Occasionally, an car accident victim may require stitches, skin grafts or other medical treatment.

Head Injuries and Car Accidents

Head injuries come in many forms, from relatively minor to life threatening. They occur most often when a passenger’s or driver’s come into forcible contact with the dashboard, window or steering wheel. A concussion may not immediately be apparent. It could be hours or days later before you notice. The same is true with certain types of brain injuries. This is why it is vital to get checked out by a doctor right away if you have suffered any type of head injury, even if it seems minor. More severe collision impacts can cause a closed head injury. In that situation, the fluid and tissue inside the skull are damaged because of the sudden movement or impact of the head. Less severe closed head injuries often result in concussions, while the most severe impacts can cause brain damage.

Chest Injuries

Broken or bruised ribs, bruised lungs and other injuries to your chest are common in a car accident. The driver of the vehicle are most often the person to suffer a chest injury in an automobile accident. This is because the driver is often forced into the steering wheel on impact but passengers may also have chest injuries by slamming into the dashboard or other objects in a car accident. The seat belt and airbags may also cause chest injuries.

Arm and Leg Injuries

The same accident forces that throw a person’s head about in automobile collisions can do the same to arms and legs. Side impact accidents especially can cause injury to your arms and legs. Passengers often have very little leg room which can mean that legs become trapped or pinned in the vehicle. Depending on the nature of the collision, injuries to your arms and legs might be mere bruises or scrapes, but sprains and even breaks can occur.

A Final Note

Some injuries are not readily apparent following a car accident. Depending on the injury, it may take days, weeks, or even months for symptoms to appear. So if you are in a car accident, it is best to seek medical treatment for even the slightest discomfort or early indication of injury. It is also important to contact a personal injury attorney to help you deal with the insurance company and to make sure that you get the best medical treatment. You should not be charged for an initial consultation and a qualified personal injury attorney can tell you if you have a case without any cost to you.