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Valencia Personal Injury Lawyer
When a person suffers bodily harm due to the negligence or misconduct of others, they often undergo challenging events in terms of healing from physical or emotional trauma. During the recovery process, bills will gradually pile up, contributing to financial burdens. But, given such circumstances, victims can file a personal injury lawsuit against the at fault party to recover financial compensation.
You may find yourself encountering legal complexities if you take on this type of case on your own. And if any mistakes are made, it can cause a detrimental impact on the settlement value. To better your likelihood of acquiring a favorable outcome, you can seek legal assistance from a personal injury law firm, like West Coast Trial Lawyers.
Our Valencia personal injury lawyers have over 20 years of experience in the legal field. With a successful track record of delivering client satisfaction, we have recovered millions, allowing each individual to regain financial stability and a peace of mind.
We offer personalized legal services, tailoring our approach to unique situations and ensuring that every aspect of your case has been handled with care and attention. Our team is dedicated to each of our clients and will work diligently to ensure we get you the justice and compensation you deserve for your losses.
We work on a contingency-fee basis, meaning that you do not owe us anything unless we settle your case. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our quick online contact form.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal process where an individual seeks compensation for losses caused by someone else’s negligence or intentional actions. These cases are typically triggered by a:
- Car accident
- Property issue
- Defective products
The goal is to recover reasonable compensation, like medical bills, lost wages, and other related costs. The plaintiff will need to prove liability by demonstrating the extent of damages incurred by the accident.
Practice Areas We Handle
- Car Accidents
- Motorcycle Accidents
- Premises Liability
- Uber and Lyft Accidents
- Wrongful Death
- Bicycle Accidents
- Pedestrian Accidents
- Dog Bites
- Truck Accidents
- Spinal Cord Injuries
- Scooter Accidents
- Bus Accidents
- Burn Injuries
- Brain Injuries
- Food Delivery Accidents
Common Personal Injuries
Personal injuries can greatly affect a person’s life, leading to physical and emotional damage, including:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Psychological trauma
Accident victims are expected to undergo financial burdens while in recovery. But, are eligible to sue the at fault party to secure compensation that will help them cover any costs associated with the incident.
How Personal Injury Laws Protect Your Rights After an Accident
When accidents happen, the aftermath can be a lot to take in. But, personal injury laws have been established to help victims recover damages caused by someone else’s negligence. Below, we have provided a list of regulations that shape how personal injury claims are handled.
- California Civil Code Section 1714: Individuals will be held responsible for injuries caused by their intentional or negligent actions.
- California Code of Civil Procedure 335.1: A time limit of two years will be given to file a personal injury lawsuit in California.
- California Civil Code Section 3333: Personal injury victims are fully compensated for losses caused by the defendant’s wrongful act or negligence regardless of whether those damages could have been anticipated or not.
What to Do After an Accident
Knowing what to do after an accident can help prepare you to handle the situation effectively. Although it can be a traumatic experience, try to maintain your composure and fulfill the actions sectioned below.
Contact Local Authorities
Contact local authorities if injuries or damages are present at the accident scene. The police will arrive and conduct a written report. Paramedics will also show up to provide medical care to those in need.
Exchange Information
Be sure to exchange contact, insurance, and vehicle information with all parties involved in the accident.
Seek Medical Attention
Try to seek medical attention as soon as you can after the collision. Even if you believe you did not sustain a serious injury, it is still important to get yourself evaluated. Your doctor may detect hidden injuries that do not show immediate symptoms, but could worsen over time without treatment.
Your diagnosis, along with any prescriptions or surgical procedures, will be documented and saved in your medical records.
Gather Evidence
Acquire as much evidence as you can to strengthen your personal injury claim. This includes the following:
- Photos of your injury, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical history
Speak to a Valencia Personal Injury Lawyer
Speaking to one of our Valencia personal injury lawyers will make the legal process a smoother experience. Our team will step in to negotiate a reasonable settlement while you focus on recovering with a peace of mind. We will ultimately guide you through the legal process and make sure your rights are protected.
Understanding the Legal Process in a Personal Injury Claim
Filing a personal injury claim can be overwhelming. But, understanding what goes into the legal process can give you the clarity you need to go through each stage with confidence. From the initial consultation to a possible trial, knowing what will happen can help you make informed decisions.
Initial Consultation
You will meet with one of our personal injury lawyers to go over your case. We will assess the information provided and determine whether you have a valid case.
Investigation
Our Valencia personal injury lawyers will help collect evidence and speak with witnesses to develop a well-constructed claim.
Filing a Personal Injury Lawsuit
We will file the lawsuit with the insurance company or court, highlighting the damages you are seeking.
Negotiation
We will negotiate with the defendant or the insurance company to agree to a fair settlement.
Litigation
If a settlement has not been reached, the case will head to trial, where you and the opposing side will present your arguments.
Trial and Verdict
The judge or jury will decide what the outcome will be.
Appeals
If either side disagrees with the decision, an appeal can be filed. This will extend the legal process.
Negotiating a Personal Injury Settlement
Negotiating a personal injury settlement is a crucial phase in a lawsuit where both parties aim to form an agreement without the need to go to trial. Below are some key points you should focus on when going through this phase:
- Understand the full extent of the damages you incurred to establish a reasonable settlement range.
- Be patient as negotiations do take time. You may be initially presented with low offers, and will have to be persistent to acquire a fair deal. Your Valencia personal injury lawyer will step in to communicate with the insurance company to improve the value of the settlement offered.
- Keep records of any conversations to track the negotiation and ensure you are receiving a good amount of compensation.
What You Need to Know About Comparative Negligence
Comparative negligence is a legal principle that is applied in California personal injury cases (California Civil Code Section 1431.2). If each party contributed a certain degree of fault in an accident, compensation will be reduced accordingly. Even if you are partially liable, you can still recover damages.
For instance, if you are 30 percent accountable for the incident, this will reflect on your share of responsibility. So, if total damages are $80,000, you could receive $56,000.
What Damages Are in Personal Injury Claims?
Available damages in personal injury claims will differ for each plaintiff due to distinct complications. The following factors will be considered when identifying the settlement value:
- The severity of your injury
- Percentage of fault
- Current and future medical expenses
- Lost income and earning capacity
To get an estimate of what you could be entitled to, you can input your expenses into our personal injury settlement calculator.
Generally, economic damages and non-economic damages are granted. These two categories compensate for tangible and intangible costs you incurred as a result of the accident. This includes:
- Medical bills
- Lost wages
- Property damage
- Emotional distress
- Pain and suffering
Our Valencia Personal Injury Lawyers Are Ready to Represent You
Personal injury victims are entitled to sue to recover damages. At West Coast Trial Lawyers, our Valencia personal injury lawyers possess a deep understanding of the law, and can help you construct strong, effective strategies to ensure that every aspect of your case is handled.
Whether we are negotiating a settlement or representing you in court, we will work diligently to get you the best outcome possible. To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or filling out our easy online contact form.
Valencia Personal Injury Law FAQ
What Are the Benefits of Having a Personal Injury Lawyer?
Hiring a personal injury lawyer has its benefits. For instance, our team has extensive knowledge and experience in the legal field. With our understanding of local rules and regulations, we can confidently assist you with your lawsuit by doing the following:
- Discuss your legal rights and options
- Evaluate your case
- Investigate the incident
- Gather evidence
- Negotiate with the insurance companies
We will complete paperwork, like filing claims or meeting deadlines. And if, for whatever reason, your case heads to trial, we will represent you in court. Our law firm is committed to provide quality services, and will work diligently to ensure we get you the best outcome possible.
Do All Personal Injury Cases Go to Trial?
Not all personal injury cases go to trial. Many of them can be settled through negotiations made between the parties involved and their insurance companies. If both sides agree on a settlement amount, there will be no need for a trial.
Some cases could be resolved through mediation or arbitration. A neutral third party will be present during the discussions to help both sides reach an agreement without the need to go to court. But, if all else fails, your case will head to trial where a judge or jury will declare the outcome.
Who Can Sue for Wrongful Death?
Under California Code of Civil Procedure (CCP) section 377.60, a deceased person’s surviving family members or beneficiaries can file a wrongful death claim. Specific individuals that may be entitled to sue include:
- Surviving spouse or domestic partner
- Children
- Parents
- Putative spouse
- Children of the putative spouse
- Stepchildren
- If there are no surviving family members, the estate would pass to siblings or other relatives according to intestate succession laws
You will be given two years from the date of when the death occurred to take legal action against the responsible party. But, if the death was not immediately apparent or discovered later, California law may permit delayed discovery. The statute of limitations will start from the date of when the plaintiff knew or should have known about their loved one’s passing.
Who Is Typically Liable for Car Accidents?
When it comes to cases involving car accidents, liability will vary. You can collect information pertaining to the incident and present it to one of our Valencia personal injury attorneys for further assistance. We will determine the at fault party and navigate you through the legal system to ensure you get a favorable outcome.
Potential guilty parties in car accident cases usually include:
- Drivers
- Vehicle manufacturers
- Government entities
- Other road users, like pedestrians or cyclists
What Types of Product Defects Can Lead to a Claim?
There are three types of product defects that can lead to a claim:
- Design defects: This happens when a product design is flawed even if it has been manufactured correctly. For instance, if a high chair does not have a stable base, it can tip over and harm the child.
- Manufacturing defects: This typically occurs during the production or assembly process. A product is established with a different design from the intended one, making it dangerous to use. For example, wiring that has not been properly assembled can cause short circuits or fires.
- Marketing defects: Failing to provide warnings or instructions can put consumers at risk of an injury. To illustrate, if a household product does not have clear instructions presented, the consumer can get harmed for unintentional misuse.
Each of these defects can contribute to serious injuries. Victims may be eligible to seek compensation for damages, like medical bills and pain and suffering.
Can I Sue if I Have Been Bitten by a Dog?
Under California Civil Code 3342, an owner is held strictly liable if a dog bite occurs. Even if the animal has not exhibited any signs of aggression, it will still apply. Personal injury victims are not required to prove that the owner was negligent.
But, keep in mind that there are some exceptions that could exempt the owner from liability. This includes the following:
- The dog was on active duty with military or police forces
- The dog was acting in self-defense against a trespasser
- The dog was teased or provoked to attack
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