Van Nuys Personal Injury Lawyer

Van Nuys Personal Injury Attorney

The aftermath of an accident usually brings emotional turmoil as well as physical pain. Recovery time may include taking time off of work and loss of income, all while medical bills pile up. Unfortunately, these are just a few things one must deal with after an accident occurs. When the accident is not your fault, you should consider taking legal action to fight for the damages you deserve. To do so, you should hire a Van Nuys personal injury lawyer to help.

At Freeman & Freeman, LLP, our staff is dedicated to fighting for the rights of individuals who have been impacted by personal injuries. We know how burdensome an accident can become and are prepared to help you fight for the compensation you’re rightfully owed.

How Fault Is Determined in a California Personal Injury Accident

In the state of California, there are requirements that must be met in order for fault or liability to be determined in an accident. For an individual to be found at fault for a personal injury accident, their actions must be seen as negligent. As every accident’s circumstances are different, negligent actions will be determined based on each unique case and what happened.

In a personal injury claim, the courts are looking for three main factors. The first is that there was a duty of care that an individual owed to the party who was harmed. Secondly, that the established duty of care was breached by the defendant. Lastly, that breach of duty must have been the reason that an individual was harmed or suffered damages. As the case’s circumstances are evaluated, the court decides what responsibilities the defendant failed to uphold.

In order for fault to be determined, it must be proven that the individual’s negligence caused your injuries. A medical professional can help you in providing this proof, which is why it is highly recommended to seek medical care immediately after an accident.

Common Types of Personal Injury Claims in California

Many different types of personal injury cases can be brought up in court. Below are some of the most common types of personal injury claims in Van Nuys that our team can help with:

Car Accidents

Car accidents are a type of personal injury that involve injuries sustained by contact with an automobile. An attorney can help to file a claim on your behalf for pedestrian accidents in the event that you are hit by any type of vehicle, including bicycles, trucks, or van accidents.

Injuries sustained by this type of accident are usually serious and require lengthy and expensive medical care. This is why it is important to hire a personal injury lawyer who can help you evaluate the extent of the damage you suffered.

Slip and Fall Accidents

This kind of accident involves a victim unexpectedly slipping and falling, ultimately resulting in their injury. Slip and falls can occur in a variety of circumstances, whether there is a puddle of water in a restaurant or there is ice on a sidewalk that was left untreated. Common injuries experienced from slip and fall accidents include broken bones, concussions, or neck injuries.

Workplace Accidents

Sustaining an accident on the worksite often qualifies you for worker’s compensation. However, sometimes, the compensation received is not enough to cover your medical expenses or income lost. This is where a California personal injury lawyer can help by filing another claim against your employer that asks for the compensation you need and deserve.

Medical Malpractice

Medical malpractice is another form of a personal injury accident. When a medical professional neglects to safely and properly care for a patient and that patient sustains injuries, then there are grounds for a personal injury case. Medical malpractice can include negligent behavior that results in birth injuries or other life-long injuries that affect a patient.

Premises Liability Accidents

No matter the type of property, either public or private, it is the owner’s responsibility to keep it safe from potential hazards. Falls due to black ice, slick sidewalks, or poorly installed floorboards are just a few examples of premise liability accidents. Any injury due to a property owner’s negligence is just one reason for a plaintiff to file a personal injury claim.

Wrongful Death Accidents

In the event that an individual dies as a result of someone else’s negligence, the victim’s loved ones may file a wrongful death claim. A personal injury lawyer can help relatives who wrongfully lost their loved one discover their options. Claims filed for wrongful death accidents can result in compensation that pays for funeral costs and medical bills. While it cannot replace a loved one, the compensation received can help to relieve some of the stress related to piling bills.

Dog Bite Accidents

If you have sustained a dog bite from someone else’s animal, you have the right to file a personal injury claim. State law requires all dog owners to keep their pets from roaming freely so that they do not harm other people or animals. The law even includes that dogs should not bark incessantly. Owners who fail to uphold these laws can be liable for any injury their dog causes.

Product Liability Accidents

Under California law, all products must be held to certain safety standards. If a defective product causes an injury, the maker of that product is then liable. The purpose of these claims are to prevent harmful products from being released. Liability laws are so strict that everyone involved in the production process is held responsible, even the retailer who sold the product.

Potential Damages in a Personal Injury Claim

There are a variety of damages an individual can receive from a successful personal injury claim in Van Nuys. The following are the most common damages awarded:

Medical Expenses

After an accident, it is imperative that you seek medical attention. Medical bills can add up quickly, especially if surgery or physical therapy is involved. Medications also may be necessary, adding to the final costs.

Lost Income

Time spent recovering at home typically means lost wages. Personal injury claims allow plaintiffs to recover their lost income, helping them stay financially stable as they take time off of work to heal properly.

General Damages

These damages include any emotional distress, trauma, or a poor quality of life that have occurred due to injuries sustained from an incident. It’s essential that you talk to your lawyer about your ability to gather these damages.

Punitive Damages

Additional compensation may be awarded to victims who have suffered from a person’s purposefully harmful actions. Generally, punitive damages act as an additional punishment to the defendant who caused an accident. An example of this is drunk driving, as the driver willingly drove drunk knowing that they could cause harm to others and themselves. If you have suffered an injury due to an incident like this, you may be able to receive punitive damages.

How Do Personal Injury Claims Work in California?

A personal injury claim can be filed by one person, or even a group of people, who has experienced an injury as a result of someone else’s actions. If you wish to file, go to your local courthouse to fill out the necessary paperwork. A lawyer can assist you in this process and even with administrative aspects like finding and filling out documents.

After completing the paperwork, you must alert the parties involved that you are filing against them. It is then their decision as to whether they offer you a settlement or attempt to fight your claim. In the event that they agree to a settlement, no claims will be able to be filed for the same issue. If no settlement can be agreed upon, the case must go to trial.

How Much Is Your Personal Injury Case Worth in California?

As each case involves different circumstances, there is no way to guess how much a personal injury case is actually worth. However, there are several factors that impact a case’s worth that you should consider. These factors include:

• The amount of evidence you have
• The severity of your injuries
• The kind of injuries you sustained
• If you share responsibility for causing the accident
• The type of defendant you are going against, i.e., if it’s a government entity, business, or person

What Should You Do If You’re Being Blame for Your Personal Injury Accident?

Many individuals blamed for an accident will try to shirk responsibility and instead place the blame on you. This can even be done by insurance companies. However, even if you do share in some of the blame for the accident, you can still receive compensation according to the state’s pure comparative negligence standard. Note that the amount you receive may decrease depending upon the percentage of blame you share in the incident.

How to Prove Negligence in a Van Nuys Personal Injury Claim

In order to receive compensation for your personal injury case, you will likely need to prove that your injury was due to someone else’s negligence. Essentially, negligence occurs when a person acts carelessly and ultimately causes you harm. If you can prove negligence existed, this will help your case immensely. There are four aspects involved in proving negligence, including:

1. Duty of Care. Duty of care involves following the law and making sure that safety measures are taken.
2. Breach of Duty. If an individual has breached the duty of care by causing an accident, then that person has neglected the laws.
3. Causation. There are two types of causation. These are known as actual and proximate causation. Actual causation are the direct actions that caused the incident. Proximate cause is also referred as the legal cause. This refers to the action that led to the incident. Much like a snowball effect, this action sets everything else in motion.
4. Damages. This involves any kind of suffering that you’ve experienced due to the defendant’s actions.

In personal injury cases, one or more of these factors will play a part in your case. An attorney will assist you in proving negligence.

FAQs

Q: How Much Can I Expect to Pay a Personal Injury Lawyer in California?

A: It is not possible to state the exact amount you can expect to pay a personal injury lawyer in California. There is no set fee for each law practice. According to California law, an agreement of how much you will pay in lawyer fees must be stated in writing if the expectation is that your case will total or exceed $1000.

Q: What Is Considered Personal Injury in California?

A: In California, personal injury is considered any bodily or emotional injury caused by someone else’s negligent actions. This includes emotional distress or trauma experienced by the victim. If you have been involved in an accident caused by someone else’s poor choices, you should seek medical attention as soon as possible to investigate the seriousness of the injuries. Having medical records also helps provide evidence for your claim.

Q: Can I Claim Damages for a Pre-Existing Condition in California?

A: No, you cannot claim damages for a pre-existing condition in California. Compensation is only paid out for those who have been injured due to negligent actions of another person. Any pre-existing conditions that you suffer from must be stated within your personal injury claim so that it is not included within the claim.

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

A: As each case is different, there is no set timeline for how long it takes to settle a personal injury case in California. Some cases may only take a few months to complete, while others will take years, depending on how complicated it is. California mandates settlement conferences, extending the time between filing and the time it takes to go to court. Cases settled outside of court typically take longer than those that are settled outside of court.

Consult With Our Van Nuys Personal Injury Lawyers

Emotional turmoil and physical pain are just a few results following an accident. Taking time to recover is necessary, but that also includes taking time off of work and experiencing a loss of income. In the meantime, you also have to face costly medical bills. If you live in Van Nuys, CA, you should hire a Van Nuys personal injury lawyer to represent you as soon as possible.

Contact Freeman & Freeman, LLP, to schedule your free consultation and take legal action today.