Los Angeles Injury Attorney
Personal injury claims arise from injuries and accidents caused by the negligent act of another. Learn how a Los Angeles injury attorney can help your case.
Personal injury law serves to protect those that have been injured through the gross negligence or reckless conduct of another. Different types of personal injury may or may not involve bodily injuries. However, any personal injury comes with medical costs and other damages. A Los Angeles injury attorney can help assess your claims and fight to get justice.
Getting injured in an accident through no fault of yours can have devasting effects. However, if you believe you are the only one to bear the financial burden, you’re not quite right. Personal injury often results in unplanned medical bills, lost wages, etc., which can cause you to struggle financially. Thus, you have a right to recover fair compensation for your injuries and losses from the party responsible.
The majority of personal injury cases involve minor to catastrophic injuries. A Los Angeles injury attorney may be able to help with your case. They will thoroughly investigate the event or accident to build you a solid claim against the at-fault party. Their experience and expertise can be implemented to get the maximum recovery you deserve.
Common Types of Personal Injury Cases a Los Angeles Injury Attorney Can Assist With
Personal injury is a broad area of law that covers a range of practice areas. Therefore, an experienced attorney handles a wide range of personal injury claims.
It is crucial to find a Los Angeles injury attorney that is well-versed in these areas. Working with the right personal injury law firm boosts your chances of getting a substantial compensation award.
Some common areas of personal injury handled by law firms in Southern California are:
- Medical malpractice
- Slip-and-fall accidents
- Workplace accidents
- Motor vehicle accident
- Truck accidents
- Construction accident
- Pedestrian accidents
- Motorcycle accidents
- Nursing home neglect and abuse
- Dog bites
- Premises liability
- Defective product liability
- Wrongful death, etc.
Common injuries resulting from some of the above are traumatic brain injuries, spinal injuries, broken bones, internal injuries, etc. If someone’s carelessness hurts you or a loved one, you have a right to maximum recovery.
A party responsible for your injuries can be an individual, an entity, or a municipal entity. Note that the benchmark of personal injury claims must arise from negligence or intentional conduct. Also, if you lose a loved one, you can file a wrongful death claim.
Proving Liability in Personal Injury Claims
California is a comparative fault state. Therefore, not all accident claims are one-sided. This means that you can recover damages in an amount reduced according to your liability. However, when calculating your settlement, you must consider whether your liability played any role in the accident.
Furthermore, if you decide to file a compensation claim, you must be ready to prove the responsible party’s liability. Proving liability is a complicated legal process. You lose your accident injury claims if you fail to successfully prove that your injury or accident is through no fault of yours.
Therefore, the burden is on you to prove the at-fault party’s negligence. Your evidence must be more compelling to establish that someone else caused your injuries. As a result, you must demonstrate the four elements of negligence, which are:
- That the at-fault party owed you a duty of reasonable care
- That they breached such duty through negligence
- That the at-fault party’s negligence was a substantial factor in causing you harm
- You suffered injury and damages as a result of their actions
While this may seem straightforward, it is not. Personal injury victims can be barred from recovery if they fail to prove just one of these elements. Hiring a personal injury lawyer in LA to handle your case. Your attorney will thoroughly investigate your claim to show the other party was at fault.
What Is the Average Personal Injury Settlement in California?
Personal injury claims are decided either in a formal lawsuit or through settlement negotiations with the insurance company. The monetary compensation is awarded when a jury reaches a verdict, or both parties agree to settle.
Each personal injury action is different. There is no magic number; hence your settlement can range from a few thousand dollars to millions. A range of factors can affect your settlement value. These includes:
- The length and extent of your medical care
- Current and future estimates for medical treatment
- Lost wages
- The severity of your injury
- Property damage
- Damages for pain and suffering, etc.
What Is the Statute of Limitation for Personal Injury Claims in California?
There are two ways you can pursue compensation for your injuries against the negligent party. They include:
- Filing a claim against the at-fault party’s insurance company
- Filing a personal injury lawsuit against the negligent party
California has a time limit for victims to file a personal injury claim. Hence, the law gives you limited time to take actions where another’s negligence has hurt you. Under the California Statute of Limitations, you have two years from the date of the accident or injury.
Two years may seem like a long time. However, your right to damages becomes statute-barred if you wait too long. Most personal injury victims are unaware of the limitation period. Therefore, employing a Los Angeles injury attorney to get your process started and secure your rights is advisable.
Is It Worth It to Hire a Los Angeles Injury Attorney?
There are a plethora of benefits attached to hiring a Los Angeles injury attorney. However, while you can rely on your efforts, it can prove unsuccessful. In addition, filing a personal injury claim can be tricky for those not in the legal industry to navigate.
Hiring a lawyer is worth the monetary investment. A seasoned personal injury lawyer in LA is usually able to negotiate higher compensation for injuries and losses.
An experienced lawyer knows the law applicable to your case. They will gather all relevant evidence to build you a solid case. As a result, your rights are adequately secured while focusing on your recovery.
Unfortunately, most insurance companies may refuse to settle cases or offer less compensation than you deserve. An attorney understands how to engage with the system.
The benefits of hiring a lawyer include:
- A personal injury lawyer in LA can calculate how much your injuries or damages are worth
- They will gather all evidence to hold the appropriate parties responsible for your injuries and losses
- They will negotiate and handle all communications with the insurance company on your behalf
- A lawyer uses their experience and expertise to get fair compensation for all your damages
- They will also represent you in court
Qualities to Look Out for in a Los Angeles Injury Attorney
There are qualities you should look for before hiring a Los Angeles injury attorney. Here are the top qualities of an attorney:
- A personal injury attorney should be knowledgeable about the law
- They must be reputable
- They must have legal experience handling personal injury cases
- They must have strong trial experience and negotiation skills
- They must have a proven track record of winning civil claims
- They must have a practice focused on personal injury cases
- Consider their fee policy
- A personal injury attorney must be dedicated to your case
What Percentage Do Personal Injury Lawyers Take in California?
When you are hurt due to someone’s carelessness, you find yourself in a difficult financial situation. You have accumulated medical bills, property damage to cover, and lost wages. Thus, this can make it hard for you to think about hiring a lawyer.
Most accident victims hesitate to get legal help because they worry about attorney fees. Thankfully, hiring a personal injury firm will not cost you anything upfront. Typically, a Los Angeles injury attorney will operate on a contingency fee basis. This means they don’t get paid until they successfully win your case.
A typical contingency fee percentage is between 33% to 40% of your compensation. However, your agreement will set out the exact percentage. The range of fees will be based on the amount of work put in.
If you recover money through settlement or verdict at trial, your attorney is paid a percentage of the money recovered. However, if you lose, you are not obligated to pay the attorney.
Under California law, a contingency fee agreement must include the following information:
- A statement of the contingency fee rate as agreed upon
- A statement as to how disbursements and costs incurred in connection with the prosecution or settlement of your claim will affect the contingency fee and the client’s recovery
- A statement as to what extent you could be required to pay any compensation to the attorney for related matters that arise out of your relationship not covered by their contingency fee contract
- Unless the claim is related to medical malpractice, a statement that the fee is not set by law but is negotiable between you and the attorney
The contingency fee arrangement makes legal help available and affordable for injured parties. It also aligns your attorney’s interest with your own, because the more money they recover for you, the more money they will receive as well. Try to review the document with your attorney and ask questions when necessary.
What Kind of Damages Can I Recover in My California Personal Injury Case?
If you or your loved one has severe injuries due to the negligent act of another, you should be able to secure compensation from the at-fault party. However, one question frequently asked by injury victims is: what kind of damages can I receive?
Damages are the financial compensation you receive either as a settlement after negotiation or as a judgment after trial. If you have suffered an injury from a collision, it is essential to calculate the losses you suffered. The type of damages entitled depends on the specific nature of your claim and the severity of your injuries.
In Los Angeles, CA, you can recover compensatory damages and punitive dames. There are two types of compensatory damages: economic and non-economic damages. Generally, California does not place a cap on these damages. However, in medical malpractice cases, California law limits non-economic damages to $250,000.
These damages are often referred to as special damages. This is because they are related to the quantifiable financial aspect of your claim. That is, the total amount of your direct expenses incurred.
Examples include but are not limited to the following:
- Medical expenses
- Loss of income
- Property damage
- Loss of earning capacity
- Lost benefits
- Out-of-pocket expenses
Non-economic damages are also called general damages. They include a variety of things not easily calculated because they don’t have a paper trail. They flow from a tortious act and relate to how the event impacted your quality of life.
General damages do not have a set dollar amount attached, making them unquantifiable. They include the following:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
- Diminished quality of life
- Loss of companionship
- Permanent disability and impairments, etc.
Punitive damages are also termed exemplary damages. It is unusual for the court to award them. They are awarded to punish or deter future misconduct of the negligent party. You must prove actual malice or reckless behavior to be awarded these damages.
How Much Is My California Injury Case Worth?
There is no set rate to expect for your injury case. Each case is unique and handled with personalized attention. Typically, the bigger the injury, the larger the claim. The best way to determine the value of your case is to work with an attorney. The lawyer will calculate the full scope of your damages.
Once an injury has occurred, the insurance company will be involved. The insurance adjuster will use a formula to determine what amount to offer you as settlement. You should be careful before accepting any settlement offer from the insurance company. First, you must understand the value of your claim, which can be difficult to determine.
Insurance companies do not work in your best interest. They aim to pay out the least amount on any legal claim. They cannot make profits if they pay out generous sums for every accident claim reported. Hence, they will deploy questionable tactics to deny or refuse your claim. So, be careful when dealing with them without legal representation.
Once you sign an agreement to a settlement, you can’t go back for more. Get a personal injury lawyer in LA to calculate the worth of your claim and pursue the maximum compensation.
Speak With a Seasoned Los Angeles Injury Attorney Today!
If you have a personal injury case, reach out to an experienced Los Angeles injury attorney at McDonald Worley to handle your case. At our law firm, we understand that each case is unique and priorities are different. We have extensive experience dealing with personal injury claims. In addition, we know the evidence you need to win your case. We will fight to get you fair compensation. Reach out to us today for a free consultation.
Our Los Angeles office is located on 12100 Wilshire Blvd Ste 1250A. It is situated between Bundy Dr and Amherst Ave. Our office is located minutes away from the Getty, Venice Beach, Santa Monica Airport and Douglas Park. We serve the West Los Angeles area including Brentwood, Northeast, Sawtelle and Santa Monica.
Coming from Pasadena, CA:
Take N Marengo Ave to CA-110/Arroyo Seco Pkwy. Head west on E Holly St toward N Marengo Ave. Turn left onto N Marengo Ave. Turn right onto E Glenarm St. Follow CA-110 and I-10 W to Bundy Dr in Los Angeles. Take exit 2C from I-10 W. Turn left onto CA-110/Arroyo Seco Pkwy. Keep left to stay on CA-110. Take exit 21 for I-10 W. Keep left to continue toward I-10 W. Keep left and merge onto I-10 W. Take exit 2C toward Bundy Dr North. Follow Bundy Dr to Wilshire Blvd. Merge onto Bundy Dr. Turn left onto Wilshire Blvd and Worley office will be on the left.
Coming from Anaheim, CA:
Get on I-5 N from W Broadway. Head south on S Anaheim Blvd toward Lincoln Ave. Turn right onto W Broadway. Turn right onto S Manchester Ave. Turn right onto Lincoln Ave. Keep right to stay on Lincoln Ave. Turn right to merge onto I-5 N toward Los Angeles. Take CA-91 W and I-405 N to Wilshire Blvd in Los Angeles County. Take exit 55B from I-405 N. Merge onto I-5 N. Take exit 113C to merge onto CA-91 W/State Hwy 91 W. Keep left to continue on CA-91 W. Keep left to stay on CA-91 W. Use the right 3 lanes to take exit 6 for I-110 Stoward San Pedro. Keep right at the fork, follow signs for I-405 Nand merge onto I-405 N. Keep left to stay on I-405 N. Take exit 55B for Wilshire Blvd. Keep left at the fork to continue on Exit 55C, follow signs for Wilshire Blvd W and merge onto Wilshire Blvd. Merge onto Wilshire Blvd. and Worley office will be on the left.
Coming from Santa Clarita, CA:
Get on CA-14 S. Head southeast on Newhall Ave toward Yvette Ln. At the traffic circle, take the 1st exit and stay on Newhall Ave. Turn right to merge onto CA-14 S toward Los Angeles. Take I-5 S and I-405 S to Wilshire Blvd. Take exit 55B-C from I-405 S. Merge onto CA-14 S. Take exit 1A on the left for I-5 S. Keep left and merge onto I-5 S. Keep left to stay on I-5 S. Use the right 2 lanes to take exit 158 for I-405 S toward Santa Monica. Continue onto I-405 S. Keep left to stay on I-405 S. Take exit 55B-C for Wilshire Blvd. Keep right at the fork to continue on Exit 55C, follow signs for Wilshire Blvd West. Turn right onto Wilshire Blvd and Worley office will be on the left.
McDonald Worley PC – LA Office:
12100 Wilshire Blvd., Ste. 1250a
Los Angeles, CA 90025