Personal Injury Lawsuits in Los Angeles

A personal injury lawyer represents people who have been injured physically or emotionally due to someone else’s negligence—an individual, company, government agency, or any other entity. Personal injury lawyers specialize in tort law, which covers all civil wrongs and injuries, including but not limited to workplace injuries, car accidents, and medical malpractice.

A personal injury lawyer helps their clients receive compensation for their losses. This includes lost wages, medical expenses, property damage, and pain and suffering. In some cases, punitive damages may also be available. Punitive damages are awarded to punish the defendant and deter future negligence.

If you've been injured due to someone else's negligence, you may be wondering what type of personal injury claim you have. While there are many different types of personal injury claims, some are more common than others. Some of the most common circumstances that lead to personal injury lawsuits include:

Car Accidents

Car accidents are one of the most common situations leading to personal injury claims. Auto accidents can happen for a variety of reasons, but often they are caused by driver error. If you've been involved in an auto accident that was caused by another driver's negligence, you may be able to file a claim against that driver (or their insurance company). Car accident claims can be complicated, so it's important to hire an experienced personal injury lawyer to help you with your case.

Slip and Fall Injuries

One of the most common types of personal injury claims is slip and fall accidents. Property owners have a responsibility to keep their premises free from hazards, and when they fail to do so and someone is injured as a result, they can be held liable.

Medical Malpractice Injuries

Medical malpractice occurs when a medical professional fails to provide proper care and someone is injured or dies as a result. If you or a loved one has been injured due to medical malpractice, you may have a case against the doctor or hospital. Medical malpractice cases can be complex, so it's crucial that you hire an experienced personal injury lawyer who has experience handling these types of cases.

Dog Bites

Dog bites can occur anywhere at any time. According to data from the Centers for Disease Control and Prevention (CDC), over four and half million people are bitten by dogs every year in the United States. If you or someone you know has been bitten by a dog, you may be able to file a personal injury claim against the dog's owner to recover medical expenses, lost wages, and pain and suffering.

When you've been injured due to someone else's negligence, you may be wondering how to succeed in a personal injury claim. You will need to prove all elements of negligence.  

Duty of Care

The first step in proving negligence is to show that the defendant owed you a duty of care. In other words, you must show that they had an obligation to take reasonable measures to keep you safe from harm. This duty of care will vary depending on the relationship between you and the defendant. For example, drivers have a duty of care to other drivers, businesses have a duty of care to their customers, and property owners have a duty of care to visitors on their property.

Breach of Duty

Once you have established that the defendant owed you a duty of care, you must then show that they breached this duty by taking actions (or failing to take actions) that put you at risk of harm. For example, if you were injured in a car accident caused by another driver, you would need to show that they were driving recklessly or under the influence of drugs or alcohol to prove that they breached their duty of care.

Causation

You also need to establish causation—in other words, that the defendant's breach of duty was actually responsible for your injuries. This can sometimes be the most difficult part of proving negligence, as there needs to be a direct link between the breach and your injuries. An experienced personal injury lawyer will be able to help you gather evidence and build a strong case for causation.

Damages

Finally, you must prove that you suffered damages as a result of your injuries. This is usually shown by presenting medical bills and evidence of lost wages or pain and suffering.

If you or somebody you love has been injured due to the negligence or carelessness of another person, it’s normal to wonder what kind of damages you can recover in a personal injury claim. The answer to this question will vary depending on the particular facts and circumstances of your case. However, there are some general things that you can expect to recover if you have a successful personal injury claim.

Economic Damages

Economic damages are those that have a specific monetary value attached to them. In other words, these are the damages for which you can easily calculate an exact dollar amount. Examples of economic damages include medical bills, property damage, lost income from being out of work, and loss of future earning capacity.

Non-Economic Damages

Non-economic damages are those that do not have a specific monetary value attached to them. These are the types of damages that are more difficult to quantify because they do not involve actual out-of-pocket expenses. Examples of non-economic damages include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Punitive Damages

In some cases, the court may also award punitive damages. Punitive damages are intended to punish the wrongdoer for their misconduct and act as a deterrence for others who might be tempted to engage in similar conduct in the future. In order for punitive damages to be awarded, the defendant’s actions must have been particularly egregious or flagrant.

Almost all personal injury lawyers work on a contingency basis, which means that they only get paid if their client wins their case. If the client loses their case, the lawyer does not receive any fee. The contingency fee typically ranges from 33% to 40% of the total amount recovered for the client. For example, if you receive $100,000 through a settlement or verdict, your lawyer would receive $33,000 to $40,000 as their fee.

Personal Injury Lawyer in Los Angeles

After being injured in an accident, you may have a lot of questions about the personal injury claims process. At our law firm, we are here to answer any questions you may have and to help you get the compensation you deserve. Below, we address some of the most frequently asked questions we receive from clients. If you have additional questions or would like to discuss your case with an experienced attorney, call us today.

In many states, including California, you can still recover damages even if you were partially at fault for the accident. This is known as comparative negligence or contributory negligence. Under this doctrine, your award will be reduced by an amount that is equal to your percentage of fault. For example, if a jury finds that you are 20 percent at fault for an accident that caused $100,000 in damages, your award will be reduced by $20,000.

The responsible party's liability insurance should pay for your reasonable and necessary medical expenses related to the accident. In some cases, though, the responsible party may not have insurance or may not have enough insurance to cover all your costs. If this is the case and you have health insurance, your health insurer may pay for some of your medical expenses. You can also file a personal injury lawsuit to recover compensation. You should also know that under California's personal injury laws, there are strict deadlines for taking legal action and filing a claim, so it is important to speak with an attorney as soon as possible after being injured in an accident.

If you have been injured due to someone else’s negligence, you may be entitled to compensation. One of the first and most important steps is to contact a personal injury lawyer to discuss your case. If you need a personal injury lawyer in Los Angeles, Morgan & Morgan has you covered. As the largest personal injury firm in America, you can be certain that we have the resources to thoroughly investigate your claim and to take the steps necessary to recover the compensation you deserve. Throughout our career, we have recovered billions of dollars for our clients.

If you need help or have any questions, contact Morgan & Morgan today to schedule a free consultation.