Los Angeles Personal Injury Attorney
Injuries detract from every aspect of your life, from financial security to employment to family life and happiness. When the impacts of the injury are severe and long-term, the damages become irreparable. You need to call a Los Angeles personal injury attorney to receive fair compensation.
Personal injury lawyers represent their clients’ best interests. They accomplish this by using their legal insight to determine the claim’s value, build a bulletproof case, negotiate for their client’s benefit, and convince a jury of the defendant(s) culpability.
Nordean Law’s personal injury litigation team handles all types of personal injury cases with damages ranging from five to seven. Damages vary widely based on the severity of the injury.
If you have sustained a serious injury, you can expect the insurance company to minimize the value of your claim. You need a Los Angeles personal injury attorney who understands countering their strategies and tactics.
What is considered a personal injury?
California law defines a personal injury as physical, emotional, or psychological damage caused by the negligence or intentional actions of another.
The guilty party can be an individual, company, or government entity. To win, the plaintiff must establish that the defendant caused the injury through a breached duty of care. For instance, all motorists have a duty of care to other drivers. If they miscalculated and caused a collision, they are negligent and liable for the injured party’s damages.
Intentional actions can also form a basis for a personal injury lawsuit. For instance, the victim of an assault may suffer physical, emotional, and psychological wounds. All people must refrain from assaulting others, so the perpetrator is responsible civilly and criminally.
Because personal injury law encompasses many incidents, what are the most common reasons for a personal injury lawsuit? Nodean Law handles all cases and has extensive experience with the following personal injury categories.
Types of personal injuries our lawyers handle in los angeles
Slip & Fall Accidents
Personal injuries arise from all types of accidents and wrongdoing. Our personal injury attorney in Los Angeles has experience handling personal injury cases involving:
For most people, car accidents come to mind first when they think of a personal injury case. Anyone can be impacted by a vehicle accident, even if they do not drive. For example, pedestrians and passengers often suffer the most grievous injuries from vehicle collisions. Negligence in car accident cases can be easily proven through many forms of evidence, such as the following:
- Witness statements
- Police reports
- Accident reconstructions
- Expert witness testimony
- Dashcam footage
- Vehicle damage analysis
Auto insurers often claim that a substantial portion of the accident was the plaintiff’s fault despite overwhelming evidence against their customer. Many times, they put forward these arguments without a scintilla of evidence. Nordean Law builds cases that make it impossible for unfair accusations of comparative negligence to succeed in court.
Drivers must share the road with big rigs, and this co-existence creates a certain amount of inevitable hazards. For example, the size of trucks alone makes them dangerous and compounds the injuries suffered by victims in smaller vehicles. Suppose anyone remarked to you that the truck always “wins”; we understand why. We’ve seen the evidence of what semis do to small cars in a collision, and the impacts are devastating even at relatively low speeds.
Trucks also present a danger because they take longer to stop. As with a train, the driver may be limited to reducing speed when a collision becomes probable. This results in truckers being unable to avoid an accident, or the accident is far more severe.
In addition, truck drivers work long hours in stressful conditions. Over time, even the most skilled and careful truck driver suffers fatigue that impedes judgment and slows reactions. Tired truck drivers also fall asleep at the wheel, resulting in many fatal accidents. Until self-driving trucks rule the roads, human error will always be the main cause of truck accidents.
Trucking companies often contribute to dangerous driving. For example, they expect truckers to work long shifts, often up to 14 hours per day. Grueling demands result in tired drivers prone to accidents. Many truckers and logistics companies violate the law by exceeding the maximum hour’s drivers can work during a specific period. In these cases, the resulting damages are caused not by a simple mistake but by willful disregard of the law, making punitive damages possible.
The industry also has a shortage of drivers, and as a result, they are always hiring new drivers, and some of them need more experience and better training. For instance, a trucking company may demand an inexperienced driver work a route going through very steep mountains. However, because of inexperience, the driver may need help brake properly on a downslope, resulting in a runaway truck.
Runaway trucks lead to some of the most horrific tragedies because the driver has lost control of the vehicle’s speed. Without brakes, he is powerless. Companies that put inexperienced drivers in conditions they are unprepared to handle put innocent lives at risk.
While trucks create peril for other drivers with their size, motorcyclists face peril from other drivers because of their lack of protection. California law prohibits the defense from denying responsibility for a biker’s injury because of their choice to ride a motorcycle. Instead, they must pay the full damages determined by the court.
Bus accidents involve bus companies or municipalities. As with trucks, buses present peril for other motorists because of their size. Additionally, many bus drivers work long hours and drive while fatigued, creating a dangerous situation.
When involving a city bus, the plaintiff must follow different procedures because the defendant is a government entity. A complaint must be filed directly with the responsible agency within 10 months of the accident. This complaint is a prerequisite for filing a lawsuit. The plaintiff may take the case to court when the complaint yields no settlement agreement. However, if he misses the deadline for the complaint, he loses the right to collect damages.
Southern California can be a cyclist’s dream. Clement weather, blue skies, and natural beauty abound. But Southern California also has some of the most congested roadways in the world. Heavy traffic means more risk for cyclists.
Bicycle rider injuries are not always from vehicle-to-bike collisions. Bicycle accidents result from contact with pedestrians, other cyclists, and objects in the bike’s path. Also, bike accidents happen because of poor road and sidewalk maintenance and mechanical failure. A legal claim exists when another party’s negligence causes any bike accident.
These cases are one of the sad facts of life. Accidents get people killed, and no amount of money can truly compensate for the loss of a loved one. The law provides the family of wrongful death victims compensation for their permanent, tragic loss.
Wrongful death damages include the following:
- Pain and suffering
- Loss of enjoyment of life
- Loss of a pivotal relationship, such as the death of a parent, child, sibling, or other loved one.
- Loss of consortium
- Lost income
- Lost fringe benefits
- Loss of household help
Premises liability claims arise when a property owner is negligent, and that negligence causes the plaintiff’s injury.
For instance, a shopper at a retail store may trip on a cracked sidewalk, causing injury. The store is liable for providing a safe sidewalk. Leaving the pathway in a hazardous condition makes it responsible for the injury. On the other hand, if a person trips on their own accord and establishes no negligence, the store avoids culpability.
Slip & Fall Accidents
Most slip and fall accidents result in a premises liability claim, provided the property owner was negligent. In these cases, insurance applies. Homeowner’s policies cover slip and fall accidents at a residence, and commercial liability policies cover claims against businesses.
Brain injuries cause some of the most tragic damages. When severe, traumatic brain injuries destroy cherished memories, disable active people, and alter personalities. Treatment helps in some cases, though many victims are never the same.
Often, a lifelong stay in a nursing home is needed. The financial, emotional, and psychological impacts overwhelm families. For example, a brain injury settlement or award allows the family to survive financially while caring for the afflicted member. This reduces stress and allows for the best medical results and caregiver arrangements.
Each brain injury case presents challenges for the injured party and his family. Some of the common damages include the following:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
- Lost income
- Lost fringe benefits
- Temporary disability
- Long-term disability
- Permanent disability
- Forced business sale
- Forced business closure
- Medical bills
- Rehabilitative institute expenses
- Nursing home care
- In-home caregiving
- Assistive devices
- Other expenses related to the brain injury
Older people find themselves in a vulnerable position after a life of independence. Physical and mental decline often make a living on their own impossible, requiring admission to a long-term care facility or nursing home.
Sadly, much long-term care and nursing home residents experience appalling treatment. Eldercare companies and their employees have to ensure the safety and well-being of their residents. When this duty is neglected, elder abuse occurs.
Elder abuse takes many forms, including the following:
- Physical abuse, such as striking or kicking the victim
- Abusive implementation of restraints
- Emotional abuse
- Psychological abuse
- Neglect, such as leaving residents unwashed, malnourished, or dehydrated
Children are also vulnerable to abuse. They cannot physically resist an adult and may be unable to report the abuse to authorities. As a result, some children are too young to understand they are the victims and blame themselves.
Child abuse can take many forms, including the following:
- Physical abuse
- Extreme “punishments”
- Denial of food or water
- Denial of attending school
- Neglect, such as leaving children alone for periods unsuited to their age
- Exposing kids to dangerous environments
- Verbal abuse
- Emotional abuse
- Psychological abuse
- Other conduct meant to harm a child
Rideshare accidents continue to become more commonplace because so many people use Uber and Lyft, and the public needs to understand their rights when injured on a ride.
As with taxi companies, Uber and Lyft must carry liability insurance. This insurance covers anyone injured by the rideshare vehicle, whether a rider, someone in another vehicle, or a pedestrian or cyclist. These policies cover up to $1 million in damages.
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What to do after a personal injury accident in Los Angeles?
The most important thing is to ensure your safety and the safety of others. If possible, move to a safe location away from traffic and other hazards. Reporting the incident is key. You need evidence demonstrating that the accident occurred. For example, calling the police after an auto accident fulfils this requirement. For example, report the incident to the homeowner or manager if the accident occurs on someone else’s residential property or at a business.
It’s always advisable to seek medical help. This serves two purposes. One, it ensures you receive the care you need. Secondly, it creates documentary evidence showing that the incident caused the injury.
California Comparative Negligence Law
The pure comparative negligence standard governs California personal injury law. Under this framework, each party has a theoretical liability between 0% and 100%.
Some cases have clear one-sided liability. For instance, a driver running down a pedestrian in a crosswalk. In this example, the driver broke the law and violated his duty of care. The pedestrian followed the law and did nothing to cause the incident.
But many cases result in split liability. For example, if the driver struck a pedestrian outside the crosswalk, there could be a responsibility on both sides. However, the driver may have been proceeding too fast, but the pedestrian may also have entered the roadway inappropriately. In this example, a jury can find one party mainly responsible or split the liability roughly equally.
No 51% bar exists under California personal injury law. This means you can collect damages even if you bear the majority responsibility. However, for each percentage of liability attributed to you, you lose the equivalent in damages. For example, if you are 80% at fault, you only receive 20% of your damages.
How Do You Prove Negligence?
To prove negligence, your legal team must establish four elements:
Duty of Care
There is no negligence unless the defendant has a legally recognized duty of care. For instance, drivers have a duty of care to prevent collisions, homeowners have a duty of care toward guests, and businesses have a duty of care toward patrons.
Breach of the Duty of Care
Plaintiffs must provide convincing evidence that the duty of care was breached.
In a traffic court case, this may take the form of witness testimony or video footage. For example, if a guest tripped on a poorly maintained patio, a picture of the broken concrete shows a breach. In a product liability claim, the defective product itself provides evidence.
A causal link between the breach of the duty of care and the injury must exist.
Often, medical records provide the most compelling proof of a link. For instance, the fire department transports a car accident victim to the hospital, where doctors determine the injuries sustained in the collision.
There would be no claim unless the plaintiff sustained damages. Damages are both economic and non-economic. For instance, medical bills are economic damages, and pain and suffering is a non-economic losses.
Traumatic Brain Injury
Auto v. Truck
Slip and Fall
Slip and Fall
Auto V. truck
auto v. Auto
How does a lawyer help in a personal injury case?
Personal injury lawyers provide invaluable services to their clients that bring about the best possible result. Key duties include the following:
- Case Evaluation
- Incident investigation
- Constructing a case
- Filing a complaint
- Deposition of witnesses
- Settlement negotiations
Every case is unique; some result in quick settlements, while others must go through trial and appeal.
Contact a top-rated Los Angeles personal injury lawyer today
Nordean Law’s Los Angeles personal injury lawyers fight for their client’s rights. We take on the insurance companies, so our clients can rest assured they will receive justice. Contact Nordean Law for a free consultation!
Los Angeles Personal Injury Attorney FAQs
We understand that you have questions about personal injury cases. Our personal injury attorney in Los Angeles answers some of the most frequently asked questions about personal injury claims for you.
What Happens if I’m Partially at Fault for the Accident?
Many accidents result from negligence on the part of multiple parties, including the plaintiff. This is no bar from collecting damages.
In California, you can receive damages even if you are over 51% at fault. However, under comparative negligence, your damages are reduced by each percentage of the liability you bear.
Will My Personal Injury Case Go to Trial?
Most likely not. The vast majority of personal injury cases end in a pre-trial settlement. Personal injury lawyers only accept cases they can win, so insurance companies have little incentive to take cases to trial. However, protracted litigation raises expenses, often beyond the claim's value.
A few cases end up before a jury. This often occurs when damages are large, and insurers remain unrealistic about their exposure.
How Long Does a Personal Injury Lawsuit Take to Get a Settlement?
This varies widely based on the type of accident, the evidence, the damages, and whether the parties are conciliatory or litigious. One to two years is a good average range for a settlement, but cases can settle at any time, from before filing the complaint to during the appeals process.
How Long Do I Have to File a Personal Injury Claim?
California law requires plaintiffs to file personal injury lawsuits within two years of the incident. However, if the defendant is a government entity, you must file an official complaint with the agency before filing a lawsuit. This complaint must be submitted within 10 months of the incident.
Exceptions to the statute of limitations existed when the injured party was unaware of the injury for longer than two years. For instance, a family may never have known that tap water was tainted until they developed cancer symptoms after many years of ingesting the toxins.
What Can I Expect During My Personal Injury Case?
When you work with Nordean Law, you can expect the best possible outcome. Our team thoroughly investigates claims and builds unassailable cases. From this position of strength, we negotiate to win. We always settle once our clients receive the best possible deal. We excel at trial when defendants refuse to provide just compensation.
What Should I Do if an Insurance Company Calls Me?
You need to report the incident to your insurance company, but you should never speak to the opposing insurer without an attorney. Insurance adjusters often try to talk you into a low settlement, record the conversation, and use your statements against you. Refer all such calls to your lawyer.
How Much Is a Personal Injury Case Worth?
Personal injury case values range from five figures to seven figures. The amount depends on the damages and the comparative negligence. High-damage cases where the defendants bear most or all of the negligence are worth the most.
How Much Does It Cost to Hire a Personal Injury Lawyer in Los Angeles, CA?
Personal injury lawyers take cases on contingency. With a contingency fee agreement, clients pay nothing upfront. They face no risk from legal fees because lawyers collect only if the client receives a settlement or award. However, because of contingency fees, personal injury victims can proceed with litigation even if they have little or no money for lawyers.