Personal Injury Law Blog

What is a Personal Injury?

What is a personal injury

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.

Legal Definition of Personal Injury

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 and Other Legal 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.

Common Types of Personal Injury Cases

Common types of personal injury cases

Personal injury cases can occur in various ways. The most common types include:

  • Car accidents: Car accidents are among the most frequent sources of personal injury claims. These cases can involve collisions between vehicles, pedestrians, or cyclists. Determining fault is essential. Proving fault requires a detailed investigation, including witness statements and accident reconstruction, which a lawyer can help. Traffic fatalities in California have increased by about 7.6%, going from 3,980 in 2020 to 4,285 in 2021.
  • Spinal cord injuries: These can include car crashes, falls, and sports injuries. These injuries often lead to long-term disabilities and need significant medical treatment. Establishing liability for spinal cord injuries involves demonstrating that the injury came from someone else’s neglect.
  • Medical malpractice: If a healthcare facility or professional fails to meet the standard of care, it could harm a patient. These cases can involve surgical errors, misdiagnoses, medication mistakes, etc. Proving medical malpractice requires expert testimony.
  • Workplace accidents: Serious injuries in the workplace can affect your ability to earn money as usual. If a third party is responsible, these cases may involve workers’ compensation claims and personal injury lawsuits. Common workplace accidents include falls, equipment malfunctions, and exposure to hazardous materials.
  • Construction accidents: Construction sites are dangerous, and accidents can lead to severe injuries or fatalities. These cases involve multiple parties, including contractors, subcontractors, and equipment manufacturers. Proving liability in construction accidents requires thoroughly investigating safety practices and compliance with regulations.
  • Dog bites: Dog bites might sound like straightforward injuries, but they can lead to major medical complications and emotional trauma. Fault in dog bite cases typically depends on local laws and the dog’s history of aggression. California holds dog owners liable for their dog’s aggression under California Civil Code 3342.

Causes of Personal Injuries

Some common causes of personal injuries are:

Negligence

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

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

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

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.

Immediate Steps to Take After a Personal Injury

Immediate steps to take after a personal injury

After suffering a personal injury, take specific steps to protect your health and legal rights; these steps include:

  1. Seeking medical attention: The first step after a personal injury is immediately seeking medical attention. Prompt medical care ensures that your injuries are properly diagnosed and treated. Medical records are indispensable evidence in your personal injury claim.
  2. Reporting the incident: Reporting the incident to the appropriate authorities or parties is critical. This might involve filing a police report, notifying your employer, or informing the property owner. An official report can help establish the facts of the case and support your claim.
  3. Documenting evidence: Gathering evidence is essential for building a strong personal injury case. Documentation includes taking photos of the accident scene. Collect witness statements and keep records of your medical treatment. Evidence of this kind will improve your chances of recovering compensation.

Understanding Negligence in Personal Injury Cases

Proving negligence involves demonstrating four main factors:

Duty of Care

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.

Breach of Duty

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

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.

Damages

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.

The Personal Injury Claim Process

The personal injury claim process

Filing a personal injury claim involves several steps that a lawyer can steer you through. The claim process will include:

  1. Filing a claim: The first step in the claim process is to talk with the at-fault party’s insurance company. This involves submitting evidence and documentation to support your claim. An attorney will ensure all legal paperwork is completed accurately and on time.
  2. Investigation and evidence collection: A thorough investigation is conducted to obtain evidence after filing a claim. This includes collecting medical records, accident reports, witness statements, and other relevant documentation. The goal is to build a strong case to support your claim.
  3. Negotiation and settlement: Before going to court, there will often be a negotiation period to try to settle. During this stage, your attorney will advocate for your best interests and negotiate with the insurance company to achieve a fair settlement.
  4. Litigation and trial: If a settlement cannot be reached, your case may go to trial. The process will present evidence and arguments before a judge or jury. An experienced attorney will represent you in a trial and work to secure a favorable verdict.

Types of Compensation in Personal Injury Cases

Here are some types of compensations economic damages that a victim of personal injury can obtain:

Medical Expenses

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.

Lost Wages

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

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.

Property Damage

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.

Statute of Limitations for Personal Injury Claims

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.

Time Limits for Filing

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.

Frequently Asked Questions

We often get questions from clients about personal injury claims; here are some of the most frequently asked questions:

What Should I Do After an Accident?

After an accident, seek medical attention and document the scene. This helps ensure your health and preserves evidence for your insurance claim.

How Long Will My Case Take?

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.

How Much is My Case Worth?

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.

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

Contact Glotzer & Leib for a free consultation with our personal injurry 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.

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.

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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.

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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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