Personal Injury
LOS ANGELES PERSONAL INJURY LAWYER
One minute you were healthy, active, working hard, and taking care of your family. The next minute you were injured due to someone else’s negligence. Accidents can happen that quickly, but the consequences of them—including pain, emotional distress, and financial burdens—can last a lifetime.
If you were injured in an accident, our experienced California personal injury lawyers can help you understand the legal resources available to you.
Injured in an accident? Get a real trial lawyer. Get Goldstein.
While every case is unique and past results are no guarantee of future outcomes, if you or a loved one were seriously injured in any type of accident due to someone else’s negligence, we’d like to hear about your case and answer your questions.
WHAT IS PERSONAL INJURY?
Personal injury is a legal term used to describe the damages that one incurs due to an accident caused by negligence. California’s Code of Civil Procedure indicates that the term applies to both physical injuries incurred in the accident as well as property damage. Generally speaking, however, a personal injury claim primarily involves physical injuries that have caused the victim pain and distress and have required medical treatment and other expenses.
Often, the first step for recovering damages after an accident is to file a third-party claim with the at-fault party’s insurance company, if possible. The insurance company then investigates the claim, evaluates the damages you’re seeking, and either denies a claim or offers a settlement.
Unfortunately, the objective of an insurance company is often contrary to the objective of an injured victim. The insurance company is in the business to make money, which means avoiding paying those who were injured by their policyholders.
Typically, the settlement offered fails to take into consideration all of the damages that the victim incurred and will continue to incur, including the need for medical care and other services far into the future. However, California law provides another avenue through which accident victims can seek compensation for the damages they’ve suffered: the personal injury lawsuit.
As explained by the American Bar Association, a personal injury lawsuit is based on liability and damages. Liability is established by proving that the defendant’s negligence caused the plaintiff’s injuries and the resultant expenses (known as damages). Proving negligence is a three-step process that involves showing:
- The defendant owed the plaintiff the duty of care. This duty of care depends on the action that took place when the accident occurred. For example, in a car accident case, the defendant has a duty of care to operate the vehicle in a safe and lawful manner.
- There was a breach of this duty of care. Using the above scenario of a car accident case, the breach would be operating the vehicle in an unsafe or illegal manner.
- The defendant’s breach of duty resulted in injuries to the plaintiff, which incurred expenses.
TYPES OF PERSONAL INJURY CLAIMS
One can become seriously and permanently injured in many ways. We have experience handling the cases of clients that fall into the following practice areas, among others:
- Brain injury: One of the most difficult injuries that a person can suffer, brain injuries can result in permanent damage and lifelong disabilities that affect every facet of the person’s life, as well as the lives of the loved ones who care for them. This includes the damage suffered by athletes like football players. New technology is providing a clearer picture of the brain damage suffered by NFL players and the lifetime of consequences they face as a result.
- Defective drug cases: These are actions taken against the manufacturers and distributors of drugs that failed to perform as advertised or caused injury due to unmentioned side effects.
- Aviation accidents: Injuries caused by pilots, airliners, the manufacturers of airplane parts, maintenance personnel, the suppliers of components that may have malfunctioned on the aircraft, or any other individual or entity whose actions led to the accident.
- Birth injuries: A form of medical negligence, birth injuries occur during or around the time of birth and can result in serious disabilities such as cerebral palsy, Erb’s palsy, or brain hemorrhage.
- Bicycle accidents: Bicycles are a fun and economical mode of travel. However, a cycling accident can injure the brain, bones, spinal cord, and other body parts.
- Car accidents: Collisions can cause serious problems—30 percent of motor vehicle accidents result in an injury or fatality.
- Defective products: When a product is not designed or manufactured properly, it can cause serious injuries to the consumers who use it.
- Burn injury
- Dog bites
- Food poisoning
- Medical malpractice
- Motorcycle accidents: With less stability than a four-wheeled vehicle and a lack of protective devices such as seatbelts and airbags, motorcycle accidents can result in death or severe injury.
- Nursing home abuse: We entrust others with the care of our elderly and vulnerable loved ones. Sometimes, however, the very people we trust are the ones who cause harm.
- Premises liability: Property owners have a duty to keep their property clear of obstacles and conditions that may harm visitors.
- Sexual abuse
- Spinal cord injury: This injury is always serious, and the results may include complete loss of function and sensation below the injury site.
- Train accidents
- Rideshare accidents
- Truck accidents
- Workplace accidents
- Wrongful death: When a person dies as the result of another’s negligence, family members may recover compensation.
WHAT DOES A PERSONAL INJURY LAWYER DO?
The television and movie portrayal of lawyers would leave one to believe that the only thing they do is argue cases in court. While litigation is certainly a part of the services a personal injury lawyer may provide, your personal injury lawyer may perform other important tasks for you, including:
- Establishing a value to your case based on the expenses you’ve incurred, expenses you face in the future, and the impacts that your injury has had and will have on your life.
- Investigating the details of your cases and uncovering all sources of liability and insurance resources to obtain the maximum settlement or award available to you.
- Providing legal guidance and answering your questions so that you can make an informed decision as to how you wish your case to proceed.
- Negotiating with insurance companies to obtain a fair settlement in your case.
- Gathering evidence, speaking to witnesses, and arranging testimony from experts.
- Filing a personal injury claim and any motions or other paperwork within any deadlines that apply to your case.
- Going to trial to present your case to a jury, if necessary or appropriate.
- Assisting with the collection of your settlement or award.
- Representing you in any appeals that are filed in your case.