Los Angeles Personal Injury Lawyers

A personal injury case in Los Angeles encompasses any legal dispute between an injured party (the plaintiff) and the party the injured person believes is responsible for the injury (the defendant). These cases may take one of two official forms.

1. Formal Lawsuit

This civil case begins when an injured party (plaintiff) files a lawsuit against another party (defendant), accusing the defendant of being liable or responsible for causing the injury. Unlike a civil case, the government initiates a criminal case. It is possible for the government and another party to file a criminal and civil case (respectively) against someone.

2. Informal Settlement

Most California injury claims never go to trial because the parties involved – claimant, defendant, insuring party, and attorneys – resolve the dispute in a settlement. A negotiation takes places, usually leading to an agreement. Under this deal, the claimant accepts financial compensation a settlement details and agrees not to file a lawsuit.

After sustaining the initial injury, your personal injury case can go through many steps. The first one of these is, get treatment. If you don’t seek treatment for your injuries immediately, then you may not have a case at all. The next thing you’ll need to do is find an attorney. Having an experienced Los Angeles personal injury attorney on your side will help you get full compensation, even for a small claim. Once you do hire a lawyer, they will review every aspect of your case and medical records. This is why it’s important to keep all bills of any treatment you received.

Most of the time, a personal injury claim is settled before a lawsuit is even filed. Typically though, your lawyer won’t make a demand until you have reached the point of maximum medical improvement. If a lawsuit does get filed, then there is the discovery process, which gives both sides the chance to submit document requests and interview witnesses. This can take up to a year to complete. After this, mediation and negotiation begins, which is typically where settlement offers are made. If it does get all the way to trial, which can last more than a week due to the judge’s schedules.

Several types of incidents can qualify for a personal injury claim:

1. Accidents. If a person behaves in a negligent manner and that lets someone come to harm, the injured party can file a personal injury claim. Such incidents include car accidents, slip and fall cases, or medical malpractice.
2. Defamation. Any attempt by a party to damage or harm another person’s reputation qualifies for protect under personal injury law. The defamed party may file a claim as a result.
3. Defective Products. Some situations qualify as acts that cause harm without any willful or negligent behavior by another party. A defective product, toy or device that injures someone would result in a product liability claim and be subject to personal injury laws.
4. Willful Action. If a party experiences injury or harm because of another person’s intentional act, personal injury law applies and the injured party can file a claim.

While it’s not the only requirement, the injury needs to have been someone else’s fault, and caused by their negligence. Physically visible injuries are not necessary for a personal injury case; attacks of defamation, emotional distress, or the expectation of harm would all be grounds for filing a personal injury lawsuit against that person. Another thing to consider is whether the injury created compensatory damages, such as medical bills or lost wages. If all of these things are true, then you have a personal injury case.

When the willful or negligent act of another person or entitles cause someone to suffer an injury, that person may file a claim under personal injury law. Each state has different laws detailing what qualifies as a personal injury. For example, workers’ compensation covers any injury that occurs at work. To better determine whether your situation qualifies under California law, contact the Los Angeles personal injury lawyer team at Panish, Shea, and Boyle, LLP to schedule a free consultation.

Someone acting in a careless way, or even not acting when they should have, would qualify as negligence. So how will your Los Angeles accident lawyer prove this in your case?

There are four elements that comprise negligence, and you have to prove all of them for someone to be found negligent: 

1. Duty - The defendant owed a legal duty to the plaintiff. This can encompass many things, such as a doctor providing care, or another motorist driving their car. The defendant does not have to know the plaintiff to owe them a duty. 
2. Breach - The defendant breached that duty by failing to act as a “reasonably prudent person” should. In other words, the defendant should have known that their actions would likely cause injury to others. 
3. Causation - That action was the direct cause of the plaintiff’s injury. If someone was driving drunk or distracted, that unsafe action would qualify as causation. 
4. Damages - Harm was done to the plaintiff as a result of the defendant’s actions, and the court has the ability to pay the plaintiff.

California is a comparative negligence state, meaning that if you are found to be 25% at fault in a $100,000 settlement, you would receive $75,000. California also follows the pure comparative fault rule, which means that even if the defendant is found to be 99 percent at fault, they can still collect on damages. An example of this would be a drunk driving defendant proving negligence on the part of the plaintiff because they had a tail light out.

The value of a personal injury case varies based on the amount of damages the injuries have cost you physically, financially and mentally. Additionally, the Los Angeles personal injury law firm you choose can have a huge impact on the amount you recover. Panish Shea & Boyle, LLP is considered to be one of the top plaintiff’s law firms in the country and we regularly receive referrals from other personal injury lawyers because of our track record of getting very large settlements and verdicts.

Every case in Los Angeles is different, some can settle very quickly while others may take years to complete. This often depends on the insurance company you are dealing with. The insurance company will try to pay you as little as possible to resolve your claim and often will offer pennies on the dollar for what your case is actually worth in order to try and get you to settle quickly. If you want to get fair value for the harm that was caused, then it will take longer to settle. This is because, after you’ve hired an attorney, it takes time to assemble all of your medical records, and a case usually isn’t filed until you’ve been released from treatment. On top of all this, California has no law or deadline for insurance companies to respond to a demand package, so waiting on this may take a while. Our attorneys take great pride in standing up for our clients and making sure they get the maximum compensation possible for the damage that was caused, even if that takes a little longer.

In general, it can take anywhere from several weeks to several months for you to receive your settlement check. This variance in time results from several factors, including how long it takes for the attorneys to negotiate the final settlement paperwork, if you have medical liens that need to be negotiated and how long it takes the defendant and/or its insurance company to process the payment.

California law requires a victim to file a claim or lawsuit within a predetermined amount of time from the date of injury. Thes are known as a “statute of limitation” and differ according to the type of personal injury. Here's a breakdown of the maximum timreframes you can file in LA.

• Injury to Person – 2 years
• Libel/Slander – 1 year
• Trespassing – 3 years
• Fraud – 3 years
• Damage to Personal Property – 3 years
• Professional Malpractice:
  • Legal – 1 year from discovery; maximum of 4 years from the act
  • Medical – 1 year from discovery; 3 years if injury is known
  • Veterinary – 1 year from injury/death of animal

For more answers to frequently asked questions, check out our FAQ Page.

At Panish, Shea, and Boyle, LLP, our personal injury lawyers champion the rights of victims and consumers. We are not afraid of the size, political power, or financial resources of the wrongdoer. Our skilled accident attorneys have fought these battles on many occasions over the years and know how to thoroughly prepare a case from investigation to trial.