Personal Injury Lawyer in Los Angeles
If you suffered injuries in an accident, hiring the services of a personal injury lawyer in Los Angeles can greatly increase your chances of obtaining the whole compensation that corresponds to you by law. This is especially true if you suffered from serious injuries that may last longer than expected or if you sustained great economic damage to your personal belongings.
When looking for the ‘best accident attorneys near me’ all over Southern California, My Lawyer Mark is a company you can count on. We provide our defendants with aggressive representation and human, empathetic treatment. To us, you’re family. And we fight tooth and nail for you to obtain justice and the full compensation you deserve by law.
Make a free consultation by calling (866) 721-5808 24/7 – we always pick up the phone. You’re also welcome to visit our offices in Downtown Los Angeles at 205 S Broadway suite 500, Los Angeles, CA 90012.
What Does Our Personal Injury Law Firm in Los Angeles Do For You?
Don’t think about a personal injury lawyer in Los Angeles just in terms of courtroom battles. They handle the entire legal side of your claim from start to finish. In most cases, settling with the insurance company is the way to go, and your lawyer will negotiate a fair compensation offer for you. No more confusion about insurance coverage, limits, or dealing with adjusters – your lawyer takes care of it all. If your case needs to go to court, they’ll fight for the best outcome, aiming for a jury decision that gets you the maximum compensation you deserve.
When you hire our personal injury lawyers in Los Angeles, you also obtain benefits such as:
- Free consultation.
- 24/7 attention – we always pick up the phone and have an answer for you.
- Access to the best medical experts.
- Cash advances before your case is finished.
- We go to your home if you can’t move because of your injuries.
Los Angeles Personal Injury Cases We Can Handle
Car Accidents
Drivers in Los Angeles should be aware of the constant risk of traffic collisions. These accidents can happen anytime, anywhere, on busy highways, quiet streets, or even in parking lots. If you are unfortunately injured in a collision, it’s important to remember that you count on our car accident lawyer. These incidents happen frequently in the city, and the resulting injuries deserve proper attention.
Motorcycle Accidents
Motorcycle accidents are a different breed from regular car crashes. The main reason is the severity of the impact. Motorcycles are much smaller and lighter than cars, leaving riders exposed in the event of a collision. This translates to far worse injuries for motorcycle riders compared to people in cars. Our motorcycle accident lawyer can find compensation to cover those serious injuries, their expenses, and more.
Bicycle Accidents
One major risk of cycling is a collision with another vehicle. Like motorcycle riders, bicyclists have minimal protection in the event of an impact, which can lead to severe injuries. If you’re involved in a cycling accident, seeking legal help from a bicycle accident lawyer is wise. It’s often the best first step to ensure your rights are protected.
Truck Accidents
Trucks are a common factor in accidents – studies show they’re involved in a significant portion, like one out of eight. Because of their massive size, these accidents often result in injuries for those involved. You deserve fair compensation if you’ve been hurt in a truck accident. That’s why securing the help of an experienced personal injury lawyer is crucial. A truck accident lawyer can fight to ensure you get the financial recovery you need to move forward.
Uber/Lyft Accidents
Whether you’re a passenger, a driver, or someone hit by a rideshare car, you can obtain compensation if you were injured by a car from Uber or Lyft. Those companies have important insurance coverage and skillful lawyers to fight for them. An experienced Uber & Lyft accident lawyer like My Lawyer Mark can make or break these complicated claims.
Wrongful Death
Losing a loved one to an accident caused by somebody else’s negligence can be as overwhelming as unexpected and unfair. Suppose you’re a survivor of a person who died in an accident. In that case, you can seek compensation through a wrongful death lawyer and cover medical expenses, funeral and burial costs, and more.
Pedestrian Accidents
When accidents involving pedestrians and vehicles occur, the pedestrian often suffers the worst consequences. These collisions can leave people with debilitating injuries that impact everything from daily tasks to work and hobbies. If you’re a pedestrian who’s been hurt in an accident, you shouldn’t have to face the physical, emotional, and financial burden alone. Our pedestrian accidents lawyer can fight to get you the compensation you deserve to help you recover.
Dog Bites
If you’ve been injured by a dog bite, you’re not alone. Dog owners have a legal duty to control their pets, and when that fails and their dog attacks, you may be entitled to compensation for your injuries. The high costs of medical care can be overwhelming. Still, dog bite injury lawyers can help you navigate the legal system and fight for the financial resources you deserve to recover.
Slips and Falls
You might have a compensation case if you were injured on someone else’s property due to a dangerous condition, such as a wet floor, uneven pavement, or cluttered aisle. The critical factor is whether the property owner was negligent in keeping the area safe. Slip and fall lawyers can determine that and obtain compensation for you.
Premises Liability
Aside from slipping and falling, there are many other ways in which you can injure yourself when visiting somebody else’s property. If you get hurt because of a bad electrical installation, using a swimming pool, or falling from stairs in lousy condition, our premises liability lawyers can fight to obtain compensation to recover from those injuries.
Other Personal Injuries We Work With
- Catastrophic injuries
- Amputations
- Burn Injuries
- Paralysis
- Spinal Cord Injuries
- Traumatic brain injuries (TBI)
Do I Have a Personal Injury Case?
In most accident-related injury lawsuits, the claim rests on another person or entity’s carelessness (negligence). To win, the injured person (plaintiff) must prove the other party’s negligence played a role in the accident and their injuries. Here are the four main building blocks of a negligence case:
- Duty to Act with Care: The injured person must show the other party (defendant) had a legal obligation to act cautiously towards them. This duty often arises from the relationship between the involved parties or the situation. For example, drivers are responsible for operating their vehicles safely, and property owners must keep their premises safe for visitors.
- Breach of Care: The injured person must demonstrate that the defendant failed to uphold their duty of care. This means proving the defendant’s actions or inactions fell below the standard of care expected from a reasonable person. For instance, a driver speeding or behaving recklessly on the road disregards the safety of others, thus breaching their duty of care.
- Direct Connection (Causation): There must be a clear link between the defendant’s breach of care and the injuries suffered by the injured person. The injured person needs to establish two types of causation: “but-for” causation (the injury wouldn’t have happened if not for the defendant’s actions) and “proximate” causation (the injuries were a predictable consequence of the defendant’s actions).
- Actual Harm (Damages): The injured person must show they suffered real harm or losses due to the defendant’s breach of care. Damages can include physical injuries, emotional distress, medical bills, lost wages, and other losses. Without demonstrable damages, a negligence claim might not hold weight.
To win a negligence-based personal injury lawsuit, the injured person must prove the defendant had a duty to act with care, breached that duty, directly caused their injuries through their actions, and that the injured person suffered real damages. Each element is essential; failing to establish one can jeopardize the entire claim.
Establishing Liability in Personal Injury Cases
Just experiencing an accident, injury, or loss doesn’t necessarily mean you or your family can file a personal injury claim. Your personal injury law firm in Los Angeles must show that someone else caused your injuries to win your case. In other words, the accident or incident must have been at least partly the fault of someone other than yourself.
Winning a personal injury case in California means showing the other party was at fault for your injuries. This process relies on establishing four key elements.
Firstly, you must demonstrate that the other person was legally obligated to act safely towards you. Drivers must follow traffic laws, property owners must maintain safe premises, etc.
Secondly, proving that the other party breached this duty of care is crucial. This means they acted negligently or recklessly in situations where caution was expected.
Thirdly, you must directly connect the other party’s breach of care and your injuries. Their actions or inaction must demonstrate what caused them harm.
Finally, you’ll need to show that you suffered actual damage. This can include medical expenses, lost income due to injury, and even compensation for pain and suffering.
Your personal injury law firm in Los Angeles will gather compelling evidence to solidify these elements. This might include eyewitness accounts, expert opinions from accident reconstruction specialists, official police reports, detailed medical records, and photos or videos from the accident scene. With a strong foundation of evidence, your lawyer can effectively argue your case and fight for the compensation you deserve.
Damages in Personal Injury Cases
If you were injured, you might be eligible for compensation for your financial losses and pain and suffering. Your injury lawyer will try to work out a fair settlement with the other party or argue your case in court for a jury’s decision and award in your favor. To achieve this, estimating the costs associated with your injury is essential.
Compensatory damages aim to make you whole again, financially, as if the accident never happened. There are two main types of damages in California:
- Economic damages: These are the clear-cut financial losses you’ve faced, like medical bills, lost wages, and property damage.
- Non-economic damages: These intangible losses, like pain and suffering, are harder to price.
How Personal Injury Claims Work
Getting the compensation you deserve after an injury involves critical steps. Priority one is finishing your medical care. Once that’s done, your lawyer will present a claim package to the at-fault party and their insurer. If they accept responsibility, a settlement can resolve your case. Otherwise, a lawsuit can be filed in court, seeking a jury’s decision on fair financial compensation.
Getting Started
One of the first actions will be to file claims with both your own insurance company and the one representing the party responsible for your accident. Your lawyer will guide you through this process.
Focusing on Your Recovery
While you heal, your lawyer will work behind the scenes to protect your rights. They’ll investigate your claim and gather evidence to build a strong case.
Making Your Case
After you complete treatment, your lawyer will create a detailed claim package outlining your story, just like you would present it in court. This package will typically include medical records, bills, documentation of lost wages, and other financial losses.
Reaching an Agreement – Settlement
A well-prepared claim package can lead to a settlement, where you and the responsible party (or their insurer) agree on compensation. This avoids the uncertainties of court and trials. However, a skilled lawyer will ensure you receive a fair recovery and never settle for less than your case is worth.
Resolving Liens (if applicable)
As your claim progresses, liens may be placed against your potential compensation. Once your case is resolved, your lawyer will negotiate settlements with these lien holders.
Time Limits Matter
Even if a settlement seems likely, your lawyer might need to file a lawsuit to preserve your right to compensation if the deadline to file a claim (statute of limitations) is approaching.
Taking it to Court (Lawsuit)
If a settlement isn’t reached, your lawyer will file a lawsuit and request a jury trial. The jury will hear your story, review evidence, and determine the financial compensation you should receive.
Mandatory Arbitration (in some cases)
Certain cases, like medical malpractice, might require mandatory arbitration because a contract requires disputes to be settled by a neutral third party.
The Final Decision – Trial and Judgment
A court case can be settled at any time with both parties’ agreement. If no agreement is reached, a trial will be held, and the outcome will be determined by the jury’s verdict and the judge’s ruling.
How Long Do Personal Injury Cases Take to Settle?
The time it takes to settle a personal injury case in California can vary widely, ranging from a few months to a few years. Several things can impact this timeframe, such as how complicated the case is, how severe your injuries are, and whether everyone involved is willing to work together. Here’s a breakdown of the time each stage might take:
- Preliminary Stages: They typically focus on medical care to get better after someone gets hurt. A lawsuit can only officially start once their doctor says their condition will not improve. This can considerably increase a lawsuit’s time, especially if serious injuries happen.
- Negotiation: Before going to court, there’s often an attempt to settle the case outside of court. This stage can take anywhere between a few weeks and several months.
- Going to Court: If an agreement can’t be reached, the case goes to trial. Preparing for trial and waiting for a court date can significantly slow things down. In California, scheduling a court date can take a few months to a few years. The trial itself can last anywhere from a day to several weeks, depending on how complex the case is and how much evidence there is.
Does Hiring a Lawyer Make Things Faster?
Hiring a lawyer might seem like adding another step to the personal injury claim, but it can expedite the process. Lawyers are veterans of the legal system, adept at avoiding delays and navigating the procedures efficiently. Their negotiation skills can lead to a faster settlement than going alone. They’re also pros at gathering evidence, which can be time-consuming for someone unfamiliar with the legalities.
However, there are situations where a lawyer might add some time. If your case is intricate, the lawyer may need extra time to investigate and build a strong defense. Additionally, the process will take longer if a settlement can’t be reached and the case goes to trial. Overall, a lawyer’s expertise often outweighs potential delays. Their experience can significantly shorten the waiting game and ensure you receive a fair settlement on time.
How are Personal Injury Settlements Paid Out in California?
In California, the insurance company must pay and issue a check immediately after all parties agree and accept the settlement claim. Once the agreement is signed, the insurance company will send a settlement check to your lawyer. This settlement check will be written under your name. Your lawyer will review the check and deposit these funds into a secure account until the case is officially closed.
Before you receive your final payout, your lawyer will help you settle any outstanding medical bills related to the injury. Liens are a standard option in such cases, allowing medical providers to postpone collecting payment until they receive compensation from the liable party.
Finally, after all medical bills, attorney fees, and other legal costs are deducted, your lawyer will provide a detailed breakdown of the expenses. You’ll receive your final settlement check once you sign off on this document.
Is There a Time Limit on Personal Injury Claims?
In most personal injury cases, you generally have two years from the date you got hurt to file a lawsuit. This is called the statute of limitations. There’s an exception if your injury wasn’t immediately apparent. In that case, the clock starts ticking when you officially discover the damage.
The critical point is that you can’t sue the responsible party after two years from being injured. If you wait too long, your case will likely be thrown out of court. You may also lose valuable evidence, or another person involved in the accident may file a lawsuit beforehand, making it more challenging to obtain total compensation.
There are some situations where the two-year limit doesn’t apply. For example, if you were a minor (under 18) when you got hurt, or if you became mentally unfit or died shortly before the deadline, you might still be able to sue later. Additionally, the deadline gets put on hold if you’re incarcerated until you’re released.
Can I Claim Personal Injury if the Accident Was My Fault?
In California, anyone involved in an incident can file charges, regardless of how much blame they share. The law uses a “pure comparative negligence” system to determine how much compensation each person receives. This means the percentage of fault you’re found to have directly affects your payout.
For example, if a driver is deemed 60% responsible for a crash and their damages total $10,000, they would only be awarded $4,000.
Personal Injury FAQs
What Should I Do After Suffering an Accident?
If you’ve been hurt in an accident, here’s what to do to look after yourself:
- Get official documentation: Call the police to report the accident. If the other party is responsible, make sure they file an incident report, too.
- See a doctor and follow their advice: Get medical attention and carefully follow your doctor’s instructions for recovery.
- Track your healing: Keep a diary to document your progress and how your injuries impact your daily life.
- Hold off on settlements: Don’t accept compensation offers from the person who caused the accident or their insurance company. Accepting an offer might limit your ability to get more money for your injuries later.
How Much Does Hiring a Personal Injury Law Firm in Los Angeles Cost?
Hiring our personal injury lawyer in Los Angeles is not expensive. We work on contingency, meaning we only get paid if we win your case. You will only pay a dime if we recover compensation for you, and even then, our fee comes out of the settlement or award you receive. We believe this approach makes excellent legal representation accessible to everyone.
How’s a Typical First Consultation with a Personal Injury Law Firm in Los Angeles?
For your first meeting (consultation) about compensation, gathering as much proof (documentation) as possible is essential. This could include anything related to your medical bills, the official accident report from the police, any reports about the incident, and photos of any injuries you sustained or damage to your belongings.
Do I Have to Pay Taxes if I Win a Personal Injury Lawsuit?
Generally, most of the compensation you receive is not considered taxable income. This applies to money reimbursing you for medical bills and lost wages due to your injury. It also covers compensation for the pain and suffering you endured. These are all seen as making you whole again, not as a gain on your income.
However, there’s one exception to this tax-free benefit. If, on top of everything else, the court awards you punitive damages, those will be taxed as income. Punitive damages are meant to punish the responsible party for their actions, not to compensate you for your losses. That’s why they are treated differently for tax purposes.
What is California’s Civil Code 3040?
California’s law (Civil Code 3040) restricts how much health insurance companies can take back from your injury settlement. The amount they get depends on two things: either the actual cost of the medical care they paid for or a percentage of the total settlement. Whichever amount is lower, that’s what they can recover.
Hire The Right Personal Injury Law Firm in Los Angeles
Now that you know what our personal injury lawyer in Los Angeles can do for you, the next step to obtain your compensation is making a free consultation. Call (866) 721-5808 and speak with one of our professionals as soon as possible. We will give our 110% to obtain the maximum compensation you deserve. We have experience, understand the law, and know how to win.