Personal Injury Claims
According to the National Center for Health Statistics, over 31 million injuries and 162,000 deaths occur to people through the United States. The National Highway Traffic Safety Administration (NHTSA) reports that over three million injures and 40,000 deaths occur from car accidents annually.
Many of these accidents are unfortunately caused by the preventable carelessness or malicious intent of others. Any type of injury inflicted on another person’s body can be classified as a personal injury. Those suffering from injuries may need assistance from a personal injury attorney.
A practiced personal injury attorney can protect those harmed by negligent parties and allows the injured to seek compensation for their suffering. If you or a loved one has been injured in an accident resulting from negligence or intentional harm, should contact Yarian & Associates, APC.
Los Angeles Personal Injury Attorneys in California
Did you suffer a serious injury due to another person’s negligence such as auto accidents, medical malpractice, nursing home abuse, child care accidents, or other type of personal injury? Have you found yourself clogged in debt and bills?
If you answered yes to both questions, you may qualify to file a personal injury claim. A knowledgeable personal injury attorney can assist you in the legal process. The attorneys at Yarian & Associates, APC are practiced personal injury attorneys in the greater Glendale and Los Angeles area.
Our skilled injury attorneys will take the time to learn every aspect of your case. We will assess whether or not you should take an initial settlement offered by the insurance company. Our attorneys have the foresight and skill to look at the road ahead and consider future damages. Yarian & Associates, APC accepts clients throughout the Central District of California and surrounding cities including Los Angeles, Glendale, Long Beach, Visalia, Irvine, Riverside, and Pasadena.
Our personal injury law firm cannot undo injury or suffering. However, we can help obtain significant damages for our injured clients. Call (844) 291-1911 or submit an online form to get in contact with a personal injury attorney at Yarian & Associates, APC.
Overview of Personal Injury in California
Personal Injury Definition
Personal injury law is defined as when a plaintiff claims that their “person” was hurt by an act of recklessness or carelessness of someone else. The phrase that the plaintiff’s “person” was hurt can mean injury to their body, mind, or emotional state.
A personal injury case differs from a criminal case, in which a district attorney may be prosecuting the person who hurt you. The goal of a criminal case is for the state to punish an offender. A civil case, however, allows the offender to be held civilly liable by the parties he or she harmed.
All personal injury cases are civil matters. In a personal injury case a plaintiff, the person who was injured, files a claim against a defendant. A defendant is a person, company, or organization the plaintiff claims was negligent and caused the plaintiff’s injuries.
In the Los Angeles County and Tulare County area, personal injury cases are filed in the civil division of the Superior Court. If the claim is $10,000 or less, the case is filed in the small claims division.
If you or a loved one has been injured in an accident resulting from negligence or intentional harm, you may be entitled to receive just compensation for your physical and psychological injuries. It is recommended that you contact a personal injury attorney.
Types of Personal Injury
Personal injury claims incorporate a variety of situations and circumstances. A personal injury case must prove liability to receive any sort of compensation. Automobile accidents, malpractice, and slip-and-fall cases tend to be the most common for personal injury attorneys.
Some common types of personal injury include but are not limited to:
- Negligence -When the injury was a direct result of the defendant’s improper actions or inactions.
- Causation – When the actions of an individual or company cause the injury.
- Malicious intent – When the injury is the result of intentional harm. When this is the basis of the claim, a criminal case is usually involved as well.
- Product Liability – When a product does not meet safety standards.
The American Bar Association states that damages and liability are the two basic issues of every personal injury claim or tort claim. Claims are rarely based on intentional claims. Normally, personal injury claims are from strict liability against negligence, or against designers and manufacturers.
Basics to Personal Injury
Any kind of personal injury case has several phases the plaintiff must complete to receive compensation. If a person wants to file a personal injury claim, they need to know the following:
Statute of Limitations
California law does permit time for accident victims to recover damages. However, the state limits the amount of time the victim has to file a claim. The legal term for this time limit is a statute of limitations.
Any accident victim who sustains a bodily injury generally has two years from the date of the accident to file a claim for damages. If you do not file your claim before the statute of limitations is up, you will be prohibited from receiving any kind of compensation.
Personal injury claims have different statute of limitations. A statue of limitations may be accelerated when the government is at fault. For instance, if one is injured in a city bus accident they generally have six months to file a claim.
In other cases, the statute of limitations can be extended. An example of this is injury due to a drug recall. A person may take a recalled medication that causes heart issues and suffers from a heart attack. Their statute of limitations would begin at the time the victim learns of the recall of the drug.
It is essential that you keep in mind the statue of limitations if you are trying to file a personal injury claim.
Sending a Demand for Compensation
After your attorney has completed a preliminary investigation, they will devise a demand letter. A demand letter is sent to the party at-fault for your injury. This can be your insurance company, another person, a company, the government, or others.
The demand letter will notify the defendant of your intent to recover damages. A demand letter should explain the extent of your injuries, and outline your request for compensation. It will also contain information about why the defendant is considered liable.
A defendant has the option to respond to your letter or ignore it. If the demand letter proved to be a dead end, your attorney should make a legal claim for damages that will be served to the defendant.
Filing a Claim for Damage Compensation
A defendant may reject or ignore your formal letter for damages. If this happens, a claim will be filed and notify the court of your intent to recover compensation from the defendant. Your claim should be based on information collected by your attorney.
A good personal injury attorney will study law and the circumstances of your case to create a compelling liability argument to the courts. A defendant is legally obligated to respond to your claim. If they don’t respond, the court will automatically be in favor of your claim. However, most defendants contest personal injury claims.
Once a claim is filed and the defendant has formally answered, you will proceed to the discovery phase. Discovery is when both parties examine information and evidence regarding the accident. Each party is allowed to formally question witnesses and interested parties through depositions.
A deposition is given under oath. Since witnesses are legally tied to their accounts, they can be a valuable tool in creating a compelling case. An experienced personal injury attorney will use both the discovery information and evidence from the event in your case.
Negotiating a Settlement
Statistics show that 95 percent of personal injury cases are settled outside of court. If you agree to accept a private settlement, you are agreeing to drop a lawsuit. Many defendants tend to settle to avoid any sort of lawsuit.
A practiced personal injury attorney will use all of your evidence to persuade a defendant to choose a settlement. Usually, privately agreeing to a settlement is cheaper than pursuing a lawsuit.
Personal Injury Trials
If a defendant refuses to negotiate and privately settle, the case will go to trial. Trials tend to be expensive and very time-consuming. You may want to keep these costs in mind if you are unhappy with an offer the defendant has sent you.
It is important that your attorney is an experienced litigator with success in the courtroom. An attorney who is a sizable opponent in court will give you a higher rate of success. The attorneys at Yarian & Associates, APC have nearly two decades of litigation and personal injury experience. We pride ourselves on our aggressive approach while advocating for personal injury victims.
During the trial, a judge or jury will decide:
- If the plaintiff should be awarded compensation; and
- The amount of compensation for damages.
Possible Compensation for Personal Injury Cases
A plaintiff for a personal injury case normally will seek monetary compensation for both economic losses and intangible losses. Damage recovery includes but is not limited to:
- Past, present, and future medical expenses
- Past lost wages
- Future lost wages
- Permanent disability
- Pain and suffering
- Mental Anguish
Steps to filing a Personal Injury Claim
Personal injury cases can seem overwhelming. This is especially true for if you are filing a claim against a large manufacturer or company. The decisions you make at this time are incredibly important. It is vital that you take the following steps to ensure your recovery.
Get Medical Help
The most important thing is your health. Before you take any action, seek medical help if needed. This is applicable even if you don’t think your injuries are severe. If you see a doctor, you will be properly treated and diagnosed. It is possible your injury is worse than you know.
Another reason why it is important is that your injury will be documented. Medical records and test results are essential in a personal injury case. Make sure you obtain these records quickly and get as much information you are able to.
It may be easy to forget in the whirlwind of the event, but you should collect evidence. Ideally, you can collect evidence right after your incident. Gathering evidence right after an accident can be difficult. However, it can help strengthen your personal injury claim.
Evidence in a personal injury lawsuit can range from a variety of things. Taking photos of the scene and your injuries is commonplace in personal injury cases. Another good tip is to write down the accounts of surrounding witnesses or your own testimony.
Report the Accident
Reporting an accident can be daunting. This applies especially if the event was stemmed from the government or a large company. Despite this, it is important that you report the incident as soon as possible.
An investigating authority, such as a police or an employer, will document the circumstances. Any sort of report from an investigating authority can be valuable in a personal injury claim.
Find an Attorney
Sustaining an injury after an accident can be extremely overwhelming. If you hire an attorney, they can dedicate themselves to the complexities of your personal injury claim. It is important that you stay focused on recovery. Let your claim be in the hands of a professional and take time for yourself.
The attorneys at Yarian & Associates, APC are practiced personal injury attorneys. Following our initial meeting with you, we will reconstruct the accident and gather evidence to support your claim. We routinely work with medical professionals, forensic experts and private investigators that can conduct a detailed investigation and produce an independent analysis of your accident.
Our Personal Injury Practices
To protect your rights and make certain that you are taking all of the necessary actions in the recovery process, you should contact a qualified personal injury lawyer in California. Our law firm handles all personal injury cases including:
- Wrongful Death
- Catastrophic injury
- Brain Injury
- Burn Injury
- Spinal Cord Injuries
- Nursing Home Abuse
- Construction Accidents
- Drowning and Pool Accidents
- Child Abuse
- School Accidents
- Wrongful Death
- Sexual Harassment
- Wrongful Termination
- Overtime Violations
- Birth Injuries
- Child Injuries
- Medical Malpractice
- Car Accidents
- Truck Accidents
- Head-On Collisions
- Rear-End Collisions
- Improperly Secured Load
- Passenger Transportation Accidents
- Rideshare Accidents
- Pedestrian Accidents
- Train and Metrolink Accidents
- Bike Accidents
- Bus Accidents
- Motorcycle Accidents
- Dog Bites
- Commercial Vehicle Accidents
- Train Accidents
- Uber or Lyft Accidents
- Construction Accidents
- Slip & Fall
Personal Injury – Visit the American Bar Association (ABA), one of the world’s largest voluntary professional organizations. The ABA has over 400,000 members with more than 3,500 entities. It is committed to improving the legal profession, eliminating bias, and enhancing diversity. Visit the American Bar Association to seek more information on personal injury law.
California Personal Injury Law – Visit HG.org, a legal resource for lawyers and clients. Read an article by R. Sebastian Gibson regarding California personal injury law. Read about the types, what tort law is, and different kind of claims.
Locating a Los Angeles Lawyer for Personal Injury in California
In far too many cases, one’s rights are permanently forfeited because the injured person believed what he or she was told by the insurance company. Insurance companies will employ significant resources to challenge your claim in order to maximize their profits. With powerful legal teams and years of experience, these large corporations often have the edge when dealing with the injured.
We have the foresight and skill to look at the road ahead and consider future damages which may harm you for years to come including pain, emotional trauma, and subsequent injuries. With this knowledge, our personal injury law firm can properly evaluate the full extent of the damage and help to determine if the initial settlement is fair and adequate.
The attorneys at Yarian & Associates, APC are prepared to fight for you. We understand how overwhelming recovery can be when costs are looming. Let us navigate you through this legal process. Yarian & Associates, APC accepts clients throughout the greater Los Angeles County and Tulare County area and surrounding communities including Long Beach, Pasadena, Glendale, Los Angeles, Irvine, Visalia, Santa Monica, Pasadena, and San Bernadino.
Yarian & Associates, APC is familiar with state, transportation and law officials in the Los Angeles-Long Beach metropolitan area including the Los Angeles Board of Police Commissioners, the Office for Los Angeles County Sheriff, the Los Angeles Police Department (LAPD), the Los Angeles Fire Department (LAFD), the Los Angeles Department of Animal Care and Control, the Office for Tulare County Sheriff, the Glendale Police Department, the Pasadena Humane Society’s Animal Control, the Long Beach Animal Control, the Tulare County Animal Services Department, the Long Beach Police Department, the Housing Authority of the City of Los Angeles (HACLA), the Los Angeles Department of Transportation (LADOT), and the Glendale County Metropolitan Transit.
While our personal injury law firm cannot undo injury or suffering, we can help obtain significant damages for our injured clients. We are dedicated to obtaining the very best recovery possible for you through experienced, professional and aggressive representation.
Contact us by calling (844) 291-1911 or simply schedule an online appointment today.
This article was last updated on June 20th, 2018.