PERSONAL INJURY

Common Types Of Personal Injury Accidents

Many forms of injuries can result in a legitimate personal injury claim. However, not all injuries automatically lead to legal responsibility. The circumstances that led up to the accident are important in establishing a personal injury claim in California. The following are some of the most frequent types of personal injury incidents that frequently lead to additional litigation by an Encino personal injury attorney.

• Lacerations
• Bone Fractures
• Neck, Back, and Spine Injuries
• Concussions
• Traumatic Brain Injuries (TBI)
• Internal Organ Damage
• Nerve Damage
• Soft Tissue Damage
• Joint Injuries
• Hip Injuries
• Loss of Limbs
• Burns
• Disfigurement
• Scarring

Statute Of Limitations For Personal Injury Claims In California

As a victim of an accident in California, you do not have an infinite amount of time to bring a personal injury claim. If you have a lawsuit in Los Angeles or any other part of California, you must file the proper paperwork by the state’s deadline. The legal term for this limit is the statute of limitations. For most personal injury claims, California has a two-year statute of limitations. You must file your case within two years after your accident to avoid being barred from obtaining compensation. There are certain exceptions to this rule.

If you are the parent of an injured kid, for example, your family has two years from the date of your child’s 18th birthday to file a personal injury claim, even if it takes longer than two years from the accident. In most cases involving a criminal tort, there is another exemption. For example on a civil lawsuit following a homicide, for example, the plaintiff might have two years from the conclusion of the criminal case against the same defendant to bring his or her claim. Contact an Encino personal injury attorney at Haber Law Firm, APC to determine whether you have the required time limit to file your case in California on time.

How To Prove Negligence In A Personal Injury Claim

The burden of proof in a personal injury claim in California rests with the harmed party’s (plaintiff) side of the case. This is why retaining an experienced Encino personal injury attorney is critical to your claim’s success. Your attorney will need to establish negligence and persuade a judge or jury that your position should be accepted based on the evidence. To obtain a settlement or a verdict on your behalf, your lawyer must show that four key elements exist:

1. Duty of care owed – The person who is accused of causing your injuries (the defendant) must have owed you a duty to exercise reasonable care at the time of the incident.
2. Duty of care breached – The defendant must have intentionally or carelessly violated a duty of care to you in such a way that a prudent person would not have.
3. Causation established – Your lawyer will need to show that the defendant’s breach of duty of care caused your accident.
4. Damages suffered – Your personal injury lawyer will also want documentation that proves you were harmed as a result of the defendant’s actions, such as hospital bills or missed earnings.

A lawyer with years of expertise defending personal injury claims will be able to tell you exactly how to build your case in order to obtain the best possible prospects of success. Haber Law Firm, APC understands the regulations of personal injury lawsuits and can best help you secure the best possible outcome in your case. Contact us today for a free consultation and to learn more about the next steps.

Understanding Comparative Negligence In California

There are several types of damages that may be awarded after an accident. The law, as a result, is extremely complicated and differs between states. For example, the comparative negligence doctrine holds that more than one party might be held accountable for the same catastrophe. Rather than allotting 100% responsibility to just the defendant or plaintiff, they could share the blame and receive a lesser compensatory award. A plaintiff will get nothing in recovery if he or she was even 1% responsible for the incident in a contributory negligence state. However, under comparative negligence laws such as California, such a plaintiff may receive up to 99 percent of a compensatory reward even if he or she was 99% responsible for the car accident.

California’s pure comparative negligence doctrine has no limit on the amount of fault a plaintiff can have. Instead, some states employ modified comparative negligence rules, which limit compensation to 49% to 51% of the responsibility. If you think you may have contributed to your accident or injuries, talk with our Encino personal injury attorney regardless. You might still be able to claim compensation after a comparative fault finding. It may, however, lower your settlement or jury decision by an amount equal to your share of responsibility. If you win a $100,000 judgment but were 10 percent at blame, for example, the courts will reduce your award by 10% ($10,000). Having an attorney take over your case can assist you in minimizing your relative fault in order to improve your financial outcome.

Contact Our Encino Personal Injury Attorney Today

If you or a loved one was seriously harmed or killed as a result of someone else’s carelessness, you and your family must have an experienced Encino personal injury attorney on your side. At Haber Law Firm, APC, we will answer all of your questions, fully inform you about all of your choices, and ensure that you have the information you need to make informed decisions regarding what is best for yourself and your family. Contact us today for a free consultation and to learn more about how we can help you and your family.