A personal injury occurs when you suffer harm due to someone else’s neglect or intentional actions. Glotzer & Leib knows how personal injuries can instantly disrupt your life and have grim consequences, whether from car accidents or malpractice.
Our Los Angeles-based firm can help handle these challenges and secure the compensation you deserve. As an injured person, you have rights and could pursue compensation for your injuries against the legally responsible third party. Learn more about personal injuries below, and contact our personal injury lawyer to schedule a free case consultation.
A personal injury is any physical, emotional, or psychological harm caused by another person’s negligence, whether recklessness or intentional conduct. The primary goal of personal injury law is to make the injured party “whole” again by full legal liability and providing monetary compensation.
In legal terms, a personal injury can include a physical injury from many incidents. Each type of case requires a thorough investigation. A personalized legal strategy will establish liability and recover damages. Glotzer & Leib specializes in various personal injury areas and is committed to getting the best outcome for our client’s claims.
Personal injury claims differ from other legal claims in that they seek to compensate for harm to an individual’s body, mind, or emotions. Unlike property damage claims, personal injury cases focus on the physical and emotional effects on the victim. In addition, personal injury claims often must prove negligence or fault.
Another major difference is the statute of limitations, which sets the time limit or deadline in which a personal injury claim must be filed. This time limit varies by state and type of injury. Awareness of these distinctions is essential for winning a claim for personal injury and securing the compensation you deserve.
Personal injury cases can occur in various ways. The most common types include:
Some common causes of personal injuries are:
Negligence happens when someone fails to exercise reasonable care in a given circumstance, leading to another person’s injury or wrongful death. Neglect can include distracted driving, drunk driving, driving while tired, or failure to maintain a safe property for visitors. Proving negligence is a critical component of any personal injury case.
Recklessness is often a conscious indifference to the safety of others. This behavior is more egregious than negligence and can include aggressive driving or ignoring safety protocols. Victims of reckless behavior can seek compensation for their injuries through personal injury claims.
Intentional acts refer to deliberate actions that cause harm to another person. Examples include assault, battery, and other forms of intentional violence. In most cases, the injured party can file a personal injury lawsuit to recover damages for their injuries.
Strict liability holds certain parties liable for injuries due to their actions, regardless of fault or intent. This principle often applies in cases involving defective products or hazardous activities. Victims of product liability can pursue compensation without proving negligence or recklessness. Our personal injury attorney is here to help you.
After suffering a personal injury, take specific steps to protect your health and legal rights; these steps include:
Proving negligence involves demonstrating four main factors:
The first part establishes that the defendant owed a duty of care to the injured plaintiff or person placing charges. This means that the defendant had a legal obligation to act in a certain way that could’ve prevented the incident. For example, drivers must adhere to traffic laws and drive safely.
Next, you must show that the defendant breached their duty of care. It involves proving that the defendant’s actions or inactions at fault party fell below the standard of care. These can be as simple as running a red light or failing to fix an insecure condition on a property.
Causation requires demonstrating that the defendant party’s negligence or breach of duty directly caused the plaintiff’s injury. This can involve linking the defendant’s actions to the harm suffered by the plaintiff. Evidence like witness accounts or medical documents can prove causation.
Finally, you must prove that you suffered actual damages due to the defendant’s actions. Properly documenting these damages is essential for a successful personal injury claim. This might include medical bills and property damage records.
Filing a personal injury claim involves several steps that a lawyer can steer you through. The claim process will include:
Here are some types of compensations economic damages that a victim of personal injury can obtain:
Compensation for medical expenses covers costs for hospital stays, surgeries, medications, and rehabilitation. It also includes future medical expenses related to the injury. Proper documentation of all medical treatments is essential.
If your injury stops you from working, you can recover compensation for the lost wages this can cause. This includes the past and future income you would have earned without the injury. Detailed records of your employment and income are crucial.
Pain and suffering compensation addresses the physical and mental anguish and emotional distress caused by the injury. This can include chronic pain, emotional trauma, and reduced quality of life. An attorney will help determine the right amount of compensation for these specific cases.
You could receive compensation for repair costs or for replacing parts of the property damaged in the incident. This includes physical damage to vehicles, personal items, and other property. Proper documentation of the damage is essential.
Awareness of tort law and the statute of limitations is key to preserving your right to file a claim. In the state of California, you usually have two years from the date of the injury to file a personal injury lawsuit. If you miss the deadline, you may be unable to pursue compensation, so act promptly.
The statute of limitations sets a 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. Consulting with an attorney as soon as possible can help ensure you get all the important deadlines.
We often get questions from clients about personal injury claims; here are some of the most frequently asked questions:
After an accident, seek medical attention and document the scene. This helps ensure your health and preserves evidence for your insurance claim.
The length of a personal injury case depends on the severity of the injuries caused. Some cases settle quickly, while others may take months or even years to resolve.
The value of your case depends on many factors, including the severity of car accident, your injuries and the impact on your life. An attorney can help you determine the value of your claim.
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.
We’ll advocate for your rights to ensure you receive your deserved compensation. Don’t face the aftermath of an accident alone. Contact Glotzer & Leib to schedule a free case consultation today.
Helpful information, news about the firm and latest updates
September 25th, 2024
When someone gets hurt on someone else's property, they may have a premises liability claim. This type of claim can happen if the property owner doesn't take care to...
September 20th, 2024
To settle a car accident claim without a lawyer, gather all necessary documentation (photos, medical bills, repair estimates) and negotiate with the insurance compan...
August 29th, 2024
One of the most common questions accident victims ask after a car accident is why their accident settlement process takes so long. Settling personal injury claims, i...