Personal Injury Law Blog

Recovering Compensation from At-Fault Parties

Recovering compensation from at-fault partiesWhether you’ve been injured in a car crash or are hurt due to someone else’s negligence, knowing how to recover compensation is essential. A personal injury lawyer can facilitate getting back damages with maximum compensation in many areas or personal injury cases.

Our Los Angeles-based firm, Glotzer & Leib, specializes in personal injury law, and we’re here to guide you through every step of the claim process.

Want to know the details of recovering compensation? Get a free consultation with Glotzer & Leib, where we’ll carefully review your case and seek compensation for your medical bills and property damage through a personal injury or car accident claim.

What is Legal Liability?

Legal liability refers to the legal responsibility one party has for the harm caused to another. In personal injury cases, proving liability typically means proving that the at-fault party’s actions or negligence directly caused your injuries.

Establishing liability is key to obtaining compensation for your losses, including medical expenses, financial losses, and noneconomic damages.

In many cases of personal injury, liability is determined by negligence, meaning the responsible party failed to act with the level of care a reasonable person would. Personal injury circumstances can include reckless driving, failing to maintain a safe property, or not providing adequate warnings about potential hazards.

Steps to Take After an Accident

Steps to take after an accident

After an accident, your steps can significantly impact your ability to recover compensation. Follow these steps can help ensure you protect your rights and build a strong case:

  1. Get medical attention: Your health is the top priority. Even if you don’t feel gravely hurt, get checked out by a medical professional to identify hidden injuries.
  2. Document the scene: Take photos or videos of the accident scene if possible. Find contact information from witnesses and write notes about your perspective of events while it’s fresh in your mind.
  3. Report the incident: Notify your insurance company about the accident and ask for an official document in writing. Ensure you have a copy of your police report in case of a car accident or document an injury by informing your employer or health professional.

Determining Fault in Different Types of Cases

Understanding how fault is determined varies across different types of personal injury cases; here are some examples to illustrate the nuances of determining liability:

Car Accidents

An auto accident falls in the category of personal injury cases. Fault in these cases can be determined by evaluating traffic laws such as the comparative negligence rule. One or more drivers may often be found partially or fully responsible for the traffic accident.

Comparative or contributory negligence could play a role in your car accident claim. If you are partially responsible for the accident, you might still be able to pursue compensation. We will do everything we can to maximize the damages you can recover.

Witness statements and police reports are crucial for establishing fault in a car accident case. A car accident lawyer can mediate with the other driver’s insurance company for you, so make sure you contact your lawyer so your best interests come first.  

Bicycle Accidents

Bicycle accidents could lead to serious injuries due to the lack of protection for cyclists. Determining fault involves examining whether drivers obeyed traffic laws and if the cyclist followed safety rules.

Factors such as road conditions and visibility can also play a role. Our firm is experienced in handling bicycle accident cases and advocating for injured cyclists.

Brain Injuries

Brain injuries can occur in various scenarios, from car accidents to falls. Establishing liability for brain injuries requires a thorough investigation into the cause and circumstances of the injury. Medical evidence and expert testimony are often critical in these cases.

Construction Accidents

Construction sites are inherently dangerous, and accidents can result from various factors. Determining fault in construction accidents may involve multiple parties, including contractors, subcontractors, and equipment manufacturers.

Safety regulations and compliance with Occupational Safety and Health Administration (OSHA) standards are key considerations. Our attorneys are skilled in handling the intricacies of construction accident cases.

Dog Bites

Dog bite cases hinge on the owner’s responsibility to control their pet. Liability may depend on local laws and whether the dog has a history of aggression. Evidence like medical records, witness statements, and animal control reports are essential.

At Glotzer & Leib, we have successfully represented clients in dog bite cases, ensuring they receive the compensation they need.

Wrongful Death

Wrongful death claims arise when someone’s negligence results in the death of another person. These cases require proving that the at-fault party’s actions directly caused the fatal injury. A wrongful death claim often involves a detailed investigation and expert testimony.

Our firm provides compassionate and dedicated representation to families seeking justice for their loved ones.

Gathering Evidence to Support Your Claim

Gathering evidence to support your claim

Gathering evidence is a critical part of building a strong personal injury claim. Evidence documents include medical records, accident reports, witness statements, scene photos, or video footage. Evidence must be gathered and preserved promptly to support your case.

 

Working with Insurance Companies

Dealing with insurance companies can be challenging. Insurers often aim to minimize payouts, which can result in settlement offers that are far less than what you deserve. It’s important to have an experienced attorney who can negotiate on your behalf and advocate for a fair settlement.

Glotzer & Leib has extensive experience dealing with insurance companies and protecting our clients’ rights.

Legal Processes for Recovering Compensation

Legal process for recovering compensation

Recovering compensation involves several legal steps:

  1. Filing a claim: The first step is to file a claim with the at-fault party’s insurance company. The claim process involves submitting evidence and documentation to support your claim. A lawyer will help ensure all necessary paperwork is completed accurately and on time.
  2. Pre-trial negotiations: There will often be a negotiation period to settle before going to court. During this stage, your attorney will advocate for your best interests and negotiate with the insurance company to achieve a fair settlement.
  3. Going to court: If a settlement cannot be reached, your case may go to trial. Going to court will involve providing arguments with evidence before a judge or jury. An experienced trial attorney should represent you in court to secure a favorable verdict for success.

Types of Compensation You Can Recover

In a personal injury case, you can recover various types of compensation. The following could be means of compensation:

  • Medical expenses: Compensation for medical expenses include costs for hospital stays, surgeries, medications, and rehabilitation. It also covers future medical expenses related to your injury. Keep detailed records of all medical treatments and expenses as backup documentation.
  • Lost wages: If your injury has caused you to miss work, you can recover compensation for lost wages. This includes the past and future income you would have earned without the injury. Your attorney can help calculate the total amount of lost wages.
  • Pain and suffering: Non-damage compensation addresses the physical and emotional trauma caused by the injury. This can be more subjective and requires testimony from medical professionals and psychologists. Our firm of skilled lawyers will work to ensure you receive fair compensation for damages due to pain and suffering.
  • Property damage: If there was damage to your personal property in an incident, you could receive compensation for repair or replacement costs. This includes damage to vehicles, personal items, and other property. Proper documentation of the damage is essential.

Statute of Limitations for Personal Injury Claims

Familiarity with the statute of limitations is important for preserving your right to file a claim. In California, you have two years from the incident date to file a personal injury lawsuit. If you miss this deadline, you could lose your right to pursue compensation, so act immediately.

Understanding Time Limits

The statute of limitations is the legal time limit for filing a lawsuit. Different types of personal injury cases may have different deadlines. For example, claims against government entities often have shorter time limits. You must file a claim with the agency within six months. If the claim is denied, you can then file your lawsuit in court, but there are strict limits to when this must be done. Consulting with an attorney as soon as possible can help ensure you get all the important deadlines.

Frequently Asked Questions About Recovering Compensation

We often get questions from clients about personal injury claims; here are some of the most common ones to help you learn the process:

What Should I Do Immediately After an Accident?

Immediately after an accident, seek medical attention and document the scene. Gathering official documents from health professionals helps ensure your health and preserves evidence for your claim. Contacting an attorney before your insurance company can also provide valuable guidance.

How Long Will My Case Take?

The duration of a personal injury case will vary depending on its complexity. Some cases settle quickly, while others may take months or even years to resolve. If you hire an attorney, you can get a better estimate based on the specifics of your case with a free consultation.

What Compensation Can I Expect to Recover?

The compensation you can expect depends on the details of your case. Damages could include medical expenses, lost wages, emotional distress, and property damage. Assessing your case with a personal injury lawyer will help you know the potential value of your claim.

Call Glotzer & Leib for a Free Consultation With Our Personal Injury Lawyer

Call Glotzer & Leib for a free consultation with our Personal Injury Lawyer

If you’ve been injured and need help recovering compensation, contact Glotzer & Leib for a consultation. Our experienced personal injury attorneys are here to provide the support and legal expertise you need. Reach out to Glotzer & Leib today to schedule your free case review.

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      “Mr. Glotzer represented me after I was involved in a car accident. I was badly injured,but the insurance company refused to offer me a reasonable settlement. I decided to find an attorney and decided to hire Josh.

      His law firm did a great job on my case. They were very responsive to all my questions and obtained a great resolution for me. I received way more money than was originally offered. I would recommend their firm to friends and family.”

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      “Mr. Josh Glotzer is a great attorney. Over the last 15 years he has helped me on a number of cases with professionalism, and more importantly a positive outcome in my favor. I have referred him to a number of friends and colleagues, all of which have been equally as happy with his legal representation. I trust him and confident in legal ability. I highly recommend his law firm.”

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      “Don’t try to deal with insurance companies on your own. They strung me along for almost two years before I gave the case to Glotzer & Leib. Josh and his team quickly obtained a settlement that netted me many times what the insurance company was offering. Thank You!”

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      “My wife was in a car accident last year and Josh did an amazing job representing her. It’s very refreshing to see someone in his profession that actually cares and puts his clients first. He’s the best in the business and I feel so fortunate that I was referred to him. Keep up the great work and thanks for everything you did for my family!”

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      “I was in a rear end car accident last year and hired Mr. Glotzer’s office. It wasn’t a big case but their office helped me with my property damage claim and did a good job resolving the injury portion of the case as well.”

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