Palm Springs Personal Injury Lawyer

Injuries can happen at any given moment, leaving you overwhelmed about what to do next. Whether you are in a car crash or a slip and fall, having an expert attorney on your side can make a difference. If your case happened in the Palm Springs area, it is essential to seek legal assistance from a local personal injury lawyer who understands what unique challenges you could be faced with.

At West Coast Trial Lawyers, our Palm Springs personal injury lawyers are committed to your best interests. We have been practicing law for over 20 years and recovered over $1.6 billion in settlements on behalf of our clients. From medical bills to lost wages, we will fight to make sure you are granted fair compensation. We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. There are no hidden fees, just open and trustworthy guidance every step of the way.

To schedule a FREE consultation with a Palm Springs personal injury lawyer, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

What Is Personal Injury Law?

Personal injury law is a type of civil law that allows affected individuals to seek compensation if they have been harmed by someone else’s negligence or intentional actions. It covers a wide variety of cases, like slip and falls, defective products, and motor vehicle accidents. The goal of personal injury claims is to hold the responsible party accountable and help victims recover damages for losses they have incurred.

What Are Common Causes of Personal Injury Claims?

Many factors can contribute to personal injury claims and each type of accident has their own set of challenges and laws in place that allows accident victims to recover compensation. However, in the Palm Springs area, car accidents, premises liability accidents, dog bite, and defective product accidents are some of the most common.  

Car Accidents

Drivers who fail to comply with traffic laws will breach their duty of care, putting other road users at risk. If a collision occurs due to reckless conduct, like distracted driving or speeding, victims may sustain minor to catastrophic injuries. Some include the following:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries

Victims may also suffer from psychological injuries, making it difficult for them to perform basic tasks or live normally in their day-to-day life. These serious conditions may require immediate and long-term medical care, however, this may require ongoing rehabilitation costs and other medical services, causing affected individuals to experience financial burdens. But, if the incident was triggered by a negligent driver, victims will be entitled to file a personal injury claim against them to recover the costs of their injuries.

Construction Site Accidents

With the vast amount of land available in the Palm Springs area, there are new homes and businesses being built every year. Construction sites often have hazardous materials laying around and falling objects. Either of these can make it dangerous for pedestrians to cross, and will harm them if any contact is made. Given the circumstances, construction companies and contractors are typically held liable for failing to provide a hazard-free setting.

Premises Liability

Property owners are required to provide safe conditions for visitors to enter. Neglecting such duties can ultimately lead to bodily harm. As a result, the property owner may face legal consequences for their negligence. In fact, some of the most common claims made in premises liability lawsuits often involve inadequate security, poor maintenance, and even slip and fall accidents.

Dog Bites

In Palm Springs, dogs will need to be under the control of a competent person. They must have the animal on a leash that is no longer than six feet when out in public property like streets, sidewalks, and parks. This also applies to unenclosed private spaces (open yards, patios, and driveways) and for access to restricted areas, they must get consent from the property owner.

Dog owners who fail to comply with city laws will breach their duty of care, and may face legal repercussions by the victim(s) if they were bitten by the owner’s dog. But, there are some exceptions that can fully or partially relieve the owner from liability. This includes the following:

• The dog was teased or provoked to attack
• The dog was working under military or police forces
• The dog was acting in self-defense against a trespasser

Defective Products

Defective products can pose a threat to a person’s safety. If they malfunction or fail to perform as expected, it can lead to serious or life-threatening injuries. This often arises from the following elements:

• The product design was dangerous or flawed
• There was an error during the production process
• The product does not have proper warnings or instructions for safe use
• Misleading directions or advertisements caused consumers to misuse the product

Practice Areas We Cover

While personal injury law is a large and extensive field, there are many different types of accidents that can occur at a moment’s notice. Should you or someone you know ever become injured due the negligence or recklessness of another person, it is important that you discuss the details with an experienced attorney and get a better grasp of your situation. At West Coast Trial Lawyers, we offer legal services for a variety of injuries in a range of scenarios such as the following:

• Car accidents
• Motorcycle accidents
• Premises liability
• Wrongful death
• Brain injuries
• Dog bites
• Truck accidents
• Spinal cord injuries
• Pedestrian accidents
• Scooter accidents
• Bicycle accidents
• Uber and Lyft accidents
• Bus accidents
• Burn injuries
• Food delivery accidents

Steps to Take After Suffering an Injury

After an injury, it is important to take immediate steps to protect your well-being and legal rights. First and foremost, you should seek medical attention as soon as possible even if bodily harm appears minor. Once you are evaluated, you will later be presented with a diagnosis if a notable problem has been detected. Your doctor will create a treatment plan catered to your condition to help with the recovery process.

Be sure to document your injury by taking photos and detailed notes of how it happened. You can also request a copy of your medical records and hospital bills to use as proof that you required care to get your wound treated. Do not forget to gather other evidence, like witness statements and police reports, to use in your personal injury claim.

Remember, do not admit fault. This could negatively impact your case and limit the damages you can recover. Always leave it to the authorities or your legal representative to determine liability. Last, but not least, consider hiring a personal injury law firm to help with your case. At West Coast Trial Lawyers, our Palm Springs attorneys will develop an effective approach with your needs and priorities in mind to ensure you receive the best possible outcome.

The Role of a Personal Injury Lawyer

A personal injury lawyer plays a significant role in providing legal assistance to individuals who have been injured due the wrongdoings of another person or entity. Guidance and support are provided throughout the duration of a lawsuit, ensuring that each of our clients understand what their legal rights are and the options they have available.

Other beneficial factors include the following:

• Gathering and developing a strong personal injury claim
• Negotiating with insurance companies
• Representing clients in court if needed
• Reaching a fair agreement that will help cover the costs of damages you incurred

By handling challenging tasks associated with personal injury cases, our team allows clients to focus on recovering with a peace of mind.

Time Limit to File a Claim

Under California law, you will be given two years from the date of when the incident occurred to file a personal injury claim. Although it may seem like enough time to sue, you should act promptly to ensure you have enough evidence and the right legal team representing you. Failing to fulfill your duties on time can contribute to delays. And if you happen to exceed the time limit, you will no longer be entitled to secure compensation.

However, there are some exceptions to your deadline. This includes the following:

• The plaintiff is a minor
• The plaintiff is incarcerated
• The plaintiff is out-of-state
• The plaintiff is legally insane

When the reason for the tolling ends, the statute of limitations will begin again. 

Available Damages in Personal Injury Cases

Available damages in personal injury cases will vary depending on the circumstances involved. Each situation involves unique challenges, meaning that the outcome will always have a different settlement value. Common factors that are considered when calculating and distributing compensation include the following:

• The severity of your injury
• Degree of fault
• Current and future medical bills
• Lost income and earning capacity

To get an estimate of what you could be owed, you can use our personal injury settlement calculator by inputting the expenses you sustained as a result of the accident. Generally speaking, economic damages and non-economic damages are awarded in personal injury accidents and in rare cases, punitive damages may also be given.

Economic Damages

Economic damages are financial expenses that have accrued due to the accident in question. Damages such as hospital fees, lost wages, and property damage are all financial expenses that can accumulate due to a sudden and unexpected accident. This type of damage is designed to compensate accident victims and make them financially whole again. 

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to put a price on, and are designed to compensate victims for any emotional injuries they have suffered as a result of the accident in question. For instance, emotional trauma, loss of enjoyment of life, and pain and suffering are all subjective and will affect a person differently. 

Punitive Damages

Punitive damages are used to punish the wrongdoer for exhibiting egregious or reckless behavior, and to prevent others from performing similar actions in the future. Unlike compensatory damages, it goes beyond just covering costs. It sends a strong message about the severity of the defendant’s conduct. To receive punitive damages, you will need to prove gross negligence or intentional misconduct.

Schedule a FREE Consultation with West Coast Trial Lawyers Today

Personal injury victims are entitled to secure compensation, and can do so by filing a lawsuit against the at fault party. At West Coast Trial Lawyers, our Palm Springs personal injury attorneys are readily available to assist you. We understand local rules and regulations, and are equipped to handle legal complexities that may arise. You can count on us to get you the compensation you deserve for your losses.

To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our quick online contact form.

Palm Springs Personal Injury Law FAQ

Will My Case Go to Trial?

Most personal injury cases are resolved through settlements and do not need to go to trial. But, if no agreements are made, it will head to litigation. The likelihood of this happening will vary depending on the complexities of the case and whether both sides are willing to compromise.

How Much Does a Personal Injury Lawyer Cost?

Cost will differ for each personal injury lawyer. Some may charge by the hour whereas others, like West Coast Trial Lawyers, work under a contingency basis. This means that an attorney will take a percentage of the pay you are awarded through a settlement, but if the case is unsuccessful, you will not owe your attorney any legal fees.

How Do I Know if I Have a Valid Case?

The following factors will need to be considered when determining whether you have a valid case:

• Did you sustain an injury or loss due to someone else’s negligence?
• Do you have enough evidence to support your claim?
• Did the incident happen within the statute of limitations?

You can request to have our personal injury lawyers take a look at your situation to determine if you should move forward with the filing process. If so, we will protect your rights and advocate on your behalf to get you maximum compensation.

Can I Still File a Claim if I Was Partially At Fault?

Under California’s comparative negligence rule, you can still recover compensation even if you are partially at fault for the incident. Percentage of fault will be used to determine what amount you should be granted. For instance, if the total damages are $10,000 and you are only 20 percent liable for the incident, you may receive $8,000.

Who Can Sue in Wrongful Death Cases?

According to California Civil Code of Civil Procedure 377.60, the deceased person’s beneficiary or family member can file a wrongful death lawsuit. Specifically:

• Surviving spouse or registered domestic partner
• Biological, adopted, or stepchildren
• Parents
• Putative spouse
• Other dependents, like siblings or extended family members

Wrongful death cases must also be filed within two years from the date of when the victim passed away. The discovery rule may apply if the cause of death is not immediately apparent and the statute of limitations will begin when the plaintiff discovers or reasonably should have discovered the primary reason for loss of life.