Los Angeles Personal Injury Attorney
If you are hurt in any type of accident, you might wonder what to do next. Injury victims often find themselves overwhelmed as they face mounting medical bills, lost wages, property damage, and more. In these situations, you may be able to file a personal injury lawsuit to recover compensation for your injuries.
Personal injury is a field of law that allows people who have been hurt because of someone else’s negligence to seek money for any losses that they have suffered. Negligence is a legal concept that means that a person failed to use the care that a reasonable person would have in a similar situation. If you can prove that the person who caused your accident was negligent, you will be able to recover compensation.
This type of case typically starts with a free consultation, where a skilled Los Angeles personal injury attorney will listen to your story and advise you of your rights and options. Most personal injury law firms work on a contingency fee basis, which means that you pay nothing upfront — and only pay a fee if your lawyer recovers money for you.
What Is a Personal Injury Case?
In the state of California, a personal injury claim may be filed when a person is hurt due to the action — or inaction — of another person or entity. These types of cases are based on a theory of negligence, which is the failure to use the care that a reasonable person would use in a similar situation.
There are four elements to negligence:
- Duty: the wrongdoer (defendant) owed the victim (plaintiff) a duty, which is a legal obligation to use reasonable care when engaging in activities that could harm another person.
- Breach: the defendant breached (violated) that duty in some way, such as by drunk driving or texting while driving.
- Causation: The defendant’s breach was the proximate or but-for cause of the accident or injury. In other words, but for the defendant’s violation, the accident would not have happened.
- Damages: the plaintiff suffered losses as a result.
There are many different types of personal injury cases, from car accidents to slip and falls to dangerous or defective products (products liability). Some of these cases involve a different legal standard, such as strict liability in product liability claims. With strict liability, you do not have to prove that a defendant was negligent; instead, if you can prove certain things, the defendant will automatically be held financially responsible.
Accident victims may suffer a variety of serious injuries in personal injury claims. For example, a person who is injured in a pedestrian accident may be diagnosed with a traumatic brain injury (TBI). Other types of injuries may include:
- Broken bones or fractures
- Burn injuries
- Internal damage or bleeding
- Spinal cord injuries or paralysis
- Neck and back injuries
- Soft tissue injuries
- Lacerations and bruises
- Emotional distress
- Amputation
If an injury is fatal, then it may be the basis for a wrongful death claim. In this type of lawsuit, loved ones can seek compensation for the death of their loved one due to someone else’s negligence.
Types of California Personal Injury Cases We Handle
Our law firm represents clients throughout Southern California who have been hurt in different types of accidents. Our practice areas include:
- Amusement park accidents
- Assault & battery
- Bicycle accidents
- Battery explosions
- Birth injuries
- Boating accidents
- Bus accidents
- Car accidents
- Catastrophic injury
- Construction accidents
- Cruise ship accidents
- Dog bites
- Excessive force
- Food poisoning
- Hit and run accidents
- Motorcycle accidents
- Pedestrian accidents
- Plane accidents
- Products liability
- Sexual abuse and assault
- Slip & Fall
- Swimming pool accidents
- Train accidents
- Truck accidents
- Uber and Lyft accidents
- Wrongful death
Our legal team takes an aggressive, proactive approach to each claim that we handle. We don’t sit back and wait for the insurance company to do an investigation and tell us what they are willing to offer. Instead, we investigate the facts of each claim, gathering witness statements, medical records, police reports, and more to put together the strongest possible claim for damages.
From there, we draft a demand letter and send it to the insurance company. In the demand letter, we outline the facts of the case, the legal reason why their policyholder is responsible, and our demand for damages, or compensation.
In a personal injury case, your damages may include things such as:
- Medical bills
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Scarring
- Disfigurement
- Loss of enjoyment of life
In rare cases, punitive damages may also be available, if the defendant’s actions were intentional or reckless.
Once the insurance company receives the demand letter, the negotiation process will begin. The insurer will typically make a counteroffer, and the sides will go back and forth until a settlement is achieved. The majority of personal injury claims are resolved by a settlement, rather than by going to trial.
However, if the insurance company refuses to give you a fair offer, then your Los Angeles personal injury attorney may advise you to take your case to trial. There, your lawyer will present your case to a jury, and ask them to rule in your favor. Having a personal injury attorney with significant trial experience and a track record of success often helps you reach a resolution without having to go to court.
Can I Afford a Los Angles Personal Injury Lawyer?
Most people do not have a need for an attorney in their daily lives. When the need for a lawyer arises, such as after an accident, the idea of hiring an attorney may cause additional stress. Fortunately, you can still get legal representation even if you don’t have lots of extra money in your budget to pay for a lawyer.
Our law firm does not charge any upfront fees or costs. We operate on a contingency fee basis, which means that we only get paid if you do. Our attorney’s fees will be based on a percentage of your settlement or verdict at trial.
This type of fee arrangement aligns our interests with yours. We are both invested in getting you the maximum possible compensation, as quickly as possible. At the same time, because we want you to get the highest possible recovery, we won’t push you to settle a case for less than what it’s worth just so we can get paid. When necessary, we will take your case to trial to make sure that you get the compensation that you deserve.
The real question in personal injury cases isn’t whether you can afford to hire a lawyer — it is whether you can afford to NOT work with an attorney. According to a study by the Insurance Research Council, people who have legal representation in personal injury cases get settlements that are 3.5 times higher than people who represent themselves. In 85% of cases where the insurance company does settle this type of case, the injury victim had hired an attorney.
For these reasons, working with a Los Angeles personal injury lawyer can help you get the compensation that you deserve for your injuries. Our law firm will fight for your right to a full recovery and stand by your side throughout the process.
Hurt in an Accident? We Can Help.
After an accident, it can be hard to know where to turn for help. Our Los Angeles personal injury law firm is here for you. We will work collaboratively with you to help you get the compensation that you are entitled to under California law.
At Moaddel, Kremer & Gerome, we handle a range of accident cases on behalf of injured Californians. We work hard to help our clients get the money that they deserve so that they can move forward with their lives. To learn more or to schedule a free case evaluation with a Los Angeles car accident lawyer, contact us today at 844-662-3335 or fill out our online contact form.
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