PERSONAL INJURY
- WHAT TO DO IF YOU ARE INJURED IN AN ACCIDENT:
If you or someone you love has been injured in accident, you need to act quickly to do all the following:
First, protect against further harm or others. This means stopping further injury from happening.
Second, seek medical attention. Call an ambulance, go to the emergency room, call your doctor, schedule an
appointment.
Third, identify witnesses for later interviews.
Fourth, record conditions such as taking pictures.
Fifth, preserve evidence by taking failed components into safekeeping.
Sixth, keep record of what happens as you go along because you later will not remember everything.
Seventh, report the injury and loss to your insurance company.
Eighth, file required government reports.
Consult an attorney only after you have been to a doctor. At that point, an attorney can help you with many
of the details that need to be taken care of properly in order for a lawsuit to be successful.
- LEGAL RIGHTS TO RECOVER FOR PERSONAL INJURY:
There are several legal theories available for an injured person who needs to recover for the harm caused in an
accident.
Some of the more common theories of recovery include: (1) Negligence; (2) Product Liability;
(3) Wilful Misconduct; (4) Elder Abuse; (4) Professional Malpractice, which includes (5) Medical Malpractice
and (6) Legal Malpractice; (7) Misrepresentation, Fraud and Deceit; (8) Breach of Fiduciary Duty;
(9) Breach of Covenant of Good Faith & Fair Dealing; (10) Assault & Battery; (11) Premises Liability;
(12) Government Torts; (13) Highway Design; (14) Civil Rights Violations; (15) Employment Discrimination;
(16) Interference with Contract; (17) Consumer Rights Violations; (18) Invasion of Privacy;
(19) Defamation; (20) False Arrest; (21) False Imprisonment; (22) Dog Attack; (23) Common Carrier;
To recover under a negligence theory of liability, your attorney will need to prove three things:
(1) that some other person or company was "negligent"; (2) that their negligence caused you injury; and
(3) the nature and extent of your injury, harm and loss.
"Negligence" is defined as a failure to exercise in the given circumstances that degree of care for the
safety of others which a reasonably prudent person would exercise under the same or similar circumstances.
Negligence may be the doing of an act which the reasonably prudent person would not have done, or it may be the
failure to do that which the reasonably prudent person would have done under the circumstances then existing.
Negligence is a departure from that standard of care.
Negligence frequently involves the violation of a law, statute or regulation, such as driving too fast, failing to
yield the right of way, or building a ramp or steps in violation of the Uniform Building Code.
- PARTIES RESPONSIBLE FOR PERSONAL INJURIES:
Responsible parties include the person who negligently caused the accident, the company who employed that person,
as well as partners or joint venturers of that person.
Many times an accident can involve several theories of liability. For example a car accident can involve
negligence, product liability and government tort claims all at the same time against different people for
their responsibility for the injury.
- PROPER COURTS WHERE TO FILE A PERSONAL INJURY LAWSUIT:
Personal injury lawsuits can be filed in California only if the accident occurred there or the defendant has
some significant connection with California.
Within California, a personal injury lawsuit must be filed in the county where the accident occurred or in
the county where at least one defendant resides.
See Can Your Case Be Filed in Los Angeles Superior Court?
- RECOVERABLE DAMAGES IN PERSONAL INJURY LAWSUITS:
Remedies for personal injury lawsuits include (1) Pain & Suffering, both past and future; (2) Medical Expenses,
both past and future; (3) Loss of Earnings, both past and future; (4) Property Damages, and loss of use during the
time period needed for repair.
- AFFIRMATIVE DEFENSES IN PERSONAL INJURY LAWSUITS:
A defendant answering a personal injury lawsuit, can (and will) make Affirmative Defenses, claiming that: (1) the
plaintiff was negligent, contributing to the injury; (2) that other persons were negligent, contributing to
the injury; (3) that plaintiff failed to mitigate his or her losses; (4) that the plaintiff waited too long
to file the lawsuit; (5) that the defendant is immune from the claims in the lawsuit.
If persons other than the defendant were also negligent, contributing to the injury, then the jury will
decide the percentage of fault for each person and recoverable damages reduced accordingly.
"Trivial Lawsuits" are an urban myth concocted by the insurance industry and usually refer to someone else's lawsuits. Lawsuits are too
expensive for attorneys to bring trivial lawsuits.
The court can and will dismiss merit-less lawsuits by granting either an Anti-SLAPP Motion, Motion to
Dismiss, a Motion for Judgment on the Pleadings, a Motion for Non-Suit, or a Motion for Summary Judgment.
A person who brings a merit-less lawsuits can be made to pay the costs of the other side, as well as their
attorney's fees sometimes, or sanctions.
Trivial lawsuits cannot exist in our legal system with drawing a lot of attention and threats of severe
sanctions against the person bringing such a lawsuit.
- PROGRESS AND ELEMENTS OF A PERSONAL INJURY LAWSUIT:
A lawsuit begins by filing a "Complaint" which needs to be served on each defendant. The defendant then
can challenge the legal sufficiency on the complaint by filing a "demurrer" or a "motion to strike". When
the complaint is upheld or not challenged, the defendant must "answer" and can also file a "cross-complaint"
against another person who becomes a cross-defendant or third party defendant.
The parties also engage in "discovery" which the collection of information to use at trial in the case.
Discovery includes: "deposition" which is an interview under penalty of perjury; "interrogatories" which are
written questions to be answered; "requests for inspection" to copy documents and test critical items; and
"subpoenas" for information from persons who are not parties to the lawsuit.
Parties can bring Motions for Summary Judgment asking the court to rule that an opposition party does not
have enough information to go to trial.
Most courts now insist on some form of mediation for all cases before trial to minimize the expense of
unnecessary trials when a case could be settled.
Trial begins with jury selection, followed by opening statements by plaintiff then by defendant. After
opening statements, plaintiff calls witnesses and puts on evidence to prove their case. Then defendant call
witnesses and puts on evidence. Each side gets to cross-examine the witnesses for the other side. After the
close of evidence, then there is closing argument by plaintiff and then by defendant, after which the jury
deliberates until it returns its verdict or a deadlock is declared.
After trial, each side can bring post trial motions. The rights to recovery of costs and attorneys fees
is decided, and the court enters Judgment which is enforceable by the Sheriff.
- FINDING A PERSONAL INJURY ATTORNEY:
The most important factor in selecting a personal injury attorney is to find an attorney who believes in
your case and who can champion your case to a successful conclusion.
Every case is different. Find an attorney with experience in your type of case. Then find an attorney
who can give your case personal attention that can improve your case in subtle and unexpected ways, that
payoff in the end.
We are committed to fighting for the rights of
plaintiffs through the civil justice system, combining
creativity, experience, and
sound judgment for our clients. 