Personal Injury Attorneys
Los Angeles Personal Injury Lawyer
Personal injuries can occur nearly anywhere in the Los Angeles area, from freeways and local roads to restaurants, workplaces, retail stores, and the homes of friends and neighbors. According to the National Safety Council (NSC), more than 55 million avoidable injuries occurred in the United States in 2020, and those injuries occurred on public property, in private homes and workplaces, and in motor vehicles. If you or somebody you love recently suffered an injury in an accident or because of another party’s negligence or liability, it is important to get in touch with an experienced Los Angeles personal injury attorney who can assist you with a personal injury case in California.
Types of Personal Injury Cases Our Attorneys Handle in Los Angeles
At the Oaks Law Firm, we represent injured plaintiffs in a wide range of cases, including but not limited to the following:
- Bicycle accidents.
- Brain injury cases.
- Burn injury claims.
- Bus accidents.
- Car accidents.
- Construction injuries.
- Dog bite cases.
- Motorcycle accidents.
- Pedestrian accidents.
- Premises liability.
- Product liability.
- Slip and fall accidents.
- Swimming pool accidents.
- Truck accidents.
- Uber and Lyft accidents; and
- Workplace accidents.
In any type of accident or incident that results in a personal injury, the injured person can experience harm that ranges from mild to severe. We regularly assist plaintiffs with many different types of injury claims. Serious and life-threatening injuries necessitate seeking compensation from the responsible party, but even certain mild to moderate injuries can still result in substantial medical bills and lost wages. Our personal injury lawyers in Los Angeles can assist with claims involving various injuries, such as:
- Brain injuries and head trauma.
- Burn injuries.
- Bone fractures.
- Back and neck injuries.
- Scarring and disfigurement; and
- Loss of use of a body part.
Common Damages in a Los Angeles Personal Injury Case
When a person files a personal injury case, they may be able to seek compensation initially through an insurance claim. Traffic collisions commonly begin with auto insurance claims, and the injured party may receive a fair and reasonable payout from the auto insurance company. If an insurance claim is not possible, or if an insurance claim does not result in full compensation, the next step is usually to file a personal injury lawsuit. In a lawsuit, an injured plaintiff will typically seek two kinds of compensatory damages under California law:
- Economic damages, which include damages to compensate a plaintiff for objective monetary losses such as hospital bills, rehabilitative therapy, or lost wages; and
- Non-economic damages, which include damages to compensate a plaintiff for losses that are more subjective in nature like pain, suffering, or emotional distress.
Compensatory damages are always designed to compensate a plaintiff for losses they have experienced. In some cases, it may also be possible for a plaintiff to seek punitive damages. Unlike compensatory damages, punitive damages are only awarded in cases where the defendant intentionally caused harm or acted with egregious recklessness. This type of damages award is intended to punish the defendant for especially dangerous behavior and to deter similar behavior in the future. While punitive damages are not common in many personal injury lawsuits, when they are awarded, a plaintiff can receive punitive damages in addition to any compensatory damages awarded in the case.
Proving Fault in a Personal Injury Claim in Los Angeles
In order to win your personal injury lawsuit in Los Angeles, you will need to prove the required elements of the type of claim you are filing. Most personal injury lawsuits are based on a theory of negligence, which means that the plaintiff will need to prove that the defendant (or defendants) were negligent and that the negligence caused the plaintiff’s harm. It is important to know that the specific elements you must prove will depend upon the specifics of your case, but in general, the following are the elements of a negligence lawsuit in California:
- Defendant owed the plaintiff a duty of care.
- Defendant breached the duty of by acting in a negligent manner.
- Plaintiff suffered an injury; and
- Plaintiff’s injury was caused by the defendant’s breach of the duty of care.
What constitutes negligence? Acts or omissions that constitute negligence will differ from situation to situation, but California law generally explains that “a person is negligent if that person does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation.” It is important to know that, while negligence is the most common theory in personal injury cases, some cases can be brought based on a theory of strict liability. With strict liability, the plaintiff does not have to prove that the defendant was negligent. Instead, the defendant’s association with the injury or situation can be enough for the defendant to be liable. In California, common personal injury cases that can be brought under a theory of strict liability include product defect claims and dog bite injury cases.
Statute of Limitations for Los Angeles Personal Injury Lawsuits
How much time will you have to file a personal injury lawsuit in California? For most personal injury cases, the California statute of limitations is two years from the date of the injury. However, some claims must be filed sooner when they occur on public property, or when they result from a negligent public employee who was working at the time of the injury. To ensure that you file your claim on time, you should seek advice from one of our Los Angeles personal injury attorneys.
Contact a Los Angeles Personal Injury Attorney Today
Were you injured recently in an accident in the Los Angeles area, or was someone you love hurt because of another party’s negligence? You may be able to move forward with a personal injury claim. An experienced personal injury lawyer in Los Angeles can evaluate your case for you today and can provide you with more information about your options for filing a claim. Contact Oaks Law Firm to learn more about how we can assist you.
CALL TODAY! (877) 539-5366
Recovering the Damages You Deserve
If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.