top of page

INJURED FIRST

Personal Injury Attorney Putting YOU First.

SCROLL DOWN

 Los Angeles Personal Injury Attorney Providing Representation to injured victims throughout California

Getting injured is a scary and life-altering experience that no one plans for. How will you recover? Who will pay for your medical bills? What about your lost wages? 

 

CALIFORNIA LAW

PROTECTS YOU!

​

California law allows injured victims to recover for injuries that are caused by no fault of their own. That means if you have been physically, mentally or emotionally injured by someone else’s negligence, you can recover your damages.

Nabati Law has experience with handling all different types of injury claims to ensure that you recover to the full extent of the law. The legal process can be complicated, intimidating, and exhausting – especially when you are injured and trying to heal. You do not, and should not, have to go through this process alone. Nabati Law skillfully represents injured victims throughout California in all areas of personal injury from start to finish. 

​

While insurance companies put corporations first to minimize compensation, Nabati Law puts People First to maximize compensation.

PI_2.jpg

Maximize Compensation

Often times insurance companies try to use tricks to prolong the legal process, settle your claim for way less than what you rightfully deserve, or worse, attempt to deny fault. Their one goal is to put Corporations first. In order to avoid these insurance traps, hiring a skilled attorney is necessary. 

At Nabati Law we put People First. That means that we put you, your injuries, and your needs first, not the corporation’s. From start to finish, we navigate the complex insurance and legal process for you so that you can focus on you and your recovery. We ensure that you receive the medical attention, money and compensation you are not only entitled to but deserve. We provide access to the right treatment and best doctors to help you properly recover from your injuries.

​

Once we go forward with your case, you have 24/7 access to a lawyer who is committed to helping you obtain the compensation you deserve. Nabati Law will gather all evidence, consult with experts, and learn everything about your case in order to best represent you while negotiating with the insurance company. If needed, Nabati Law will fearlessly litigate your case and even take it to trial to make sure you get the money you deserve.

​

We believe in you, your case, and your healing. That’s why we fight for you and only get paid if we win.

CONTACTS US TODAY FOR

A  FREE CONSULTATION

The Right Resources

Full List of Personal Injury Services

Types of Accidents

Motor Vehicle Accidents

Auto & Car Accidents

Rude Sharing Accidents (i.e. Uber, Lyft)

Bike Accidents

e-scooter Accidents

Slip & Fall, Trip & Fall Accidents

Pedestrian Accidents

Animal Attacks & Dog Bites

Train Accidents

Truck Accidents

Bus Accidents

Boating Accidents

Cruise Ship Accidents

Plane Accidents

Aviation Accidents

Motocycle Accidents

Commercial Vehicle Accidents

Amusement Park Accidents

Construction Accidents

Taxi Cab Accidents

Dangerous & Defective Roadways Accidents

E-cig/Vape Accidents/Explosions

Charter Plane Crashes

Private Plane Crashes

Distracted Driving Accidents

Drunk Driving or DUI Accidents

Helicopter Crashes

Rollover & Roof Crush Accidents

Metrolink Accidents

Trash Truck Accidents

Uninsured or Underinsured Motorist Accidents

Escalator or Elevator Accidents

Fire Accidents

Scaffolding Falls

Poorly Maintained Equipment Accidents

Electrical Shock Accidents

Electrocution Accidents

Toxic Chemical Accidents

Explosions

Gas explosions

Crane Accidents

Heavy Machinery Accidents

Harbor/Port Injuries 

Work Accidents

Defective Products

Head On Collisions

Hit and Run Accident

Intersection Accident

Rear-End Collision

Side Impact Collision

Government Liability

Dangerous Conditions of Public Property

Injuries and Wrongful Deaths at the Hands of Negligent Government Employees

Hazardous Roadway Conditions

Unsafe and Defective Construction Zones

Negligent Bus Operators

Types of Injuries
Product Liability

Wrongful Death

Catastrophic Injury

Bullying

Amputations (Loss of Limb)

Back Injury

Birth Injury

Brain Injury

Broken Bone(s)

Burn Injury

Child Injury

Head Injury

Laceration Injury

Neck Injury

Orthopedic Injury

Paraplegia/Quadriplegia Injury

Personal Injury

Spinal Cord Injury

Whiplash Injury

Wildfire Injuries

Cerebral Palsy

Soft Tissue Injury

Road Rash

Traumatic Brain Injuries (TBIs)

Broken or fractured Bones

Spinal Damage

Internal Bleeding

Scarring

Disfigurement

Blindness/Vision Impairment

​

Injuries to Children

Brake Failure

Defective Airbags

Defective Car Door Latch

Defective Tires

Seatbelt Failjure

Product Defect

Manufacturing Defect

Defective Toys

Dangerous Toys

Defective machinery

Defective Equipment

Defective Appliances

Defective Furniture

Defective Medication and medical devices

Defective Automobile and Automotive Parts

Defective Design

Defective Installation

Elder Abuse/ Nursing Home Neglect & Abuse

Nursing Home Assault & Abuse

Bed Sores

Burn Injuries

Falling Injuries

Dehydration/Malnutrition

Wandering Off

Sexual Abuse in Nursing Homes

​

Injuries to Children

Child Passenger Safety

School Bus Accidents

Day Care Injuries

Injuries at School

Water Injuries

Drowning

Playground Injuries

Inadequate Hiring Practices

Lack of Lifeguards

Premises Liability
Police Misconduct

Police Misconduct

Police Shootings

Excessive Force

Police Brutality 

False Arrests

False Imprisonment

Falsifying Evidence

Unnecessary Use of Tasers

Inappropriate Use of Police Dogs

Sexual Harassment in LAPD

Illegal Search & Seizure

Illegal Strip Search

Premises Liability

Inadequate Security

Dangerous Condition of Public & Private Property

Slip & Fall Accidents

Apartment Building Accidents

Bar and Nightclub Accident

Sport Venue Accident

Health Club Accident

Parking Lot Accident

Parking Garage Accident

Shopping Mall Accident

Mugging or Armed Robbert

Unprovoked Attack

Bystander Injuries in Bar Fight

Security Guard Injury

NABATI_DESK_01.jpg

What to Expect

 

STEP ONE

​

Free Consultation

First you contact Nabati Law either by email, form, phone, or text. We are happy to assist you by learnings about your case and answering any questions you may have. Once you explain your case to us, we let you know whether you have a viable claim. All consultations are confidential. 

 

PERSONAL INJURY

FAQ'S

Why file a personal injury lawsuit?

​

Personal injury lawsuits play a very important role in society for two reasons. First, personal injury lawsuits are a way to protect people who have been injured now, and second, they also protect people from being injured in the future.  Personal injury lawsuits protect your rights by allowing you to recover compensation required to properly heal from an injury that was not your fault. It also allows you to seek justice and vindication from the people who have wronged you by holding them accountable. You never plan for an injury. Once you are injured, your life is altered forever. After an injury, you likely have a lot of added stress to deal with including medical bills, lost income, emotional distress and more. These new stressors only exist because of someone else’s negligence and shouldn’t be your responsibility to pay for. Regardless of whether you suffered a minor injury or a catastrophic one, a personal injury lawsuit allows you to hold the negligent party accountable for the harm that they’ve caused you and seek compensation for the injuries you sustained. 

​

While personal injury lawsuits primarily protect you, they also make our communities a safer place by holding people accountable for their wrongdoing and careless errors and deter them from making the same mistake again. For example, you may have been injured by a defective product that could have been designed better. Bringing forth your injury claim not only serves to protect you and your recovery, but also forces the company to create safer products in the future as well.

How long do I have to file a personal injury lawsuit?

​

Under California law, there is a strict deadline, called the statute of limitations, for filing a lawsuit in a personal injury case. After the statute of limitations has expired, you can no longer file a lawsuit for your injury. It is important that you act quickly when you have been injured and consult an attorney to make sure you are preserving your claim and timely filing it. Plus, there are many things that need to be done before filing a personal injury lawsuit.

​

In California, the statute of limitations for personal injury cases is two years from the date of injury. This means that you must file your lawsuit within two years from the date of the incident or lose your claim. If you fail to file within that two-year window, the judge will likely refuse to hear you case and you will lose the opportunity to obtain the compensation your rightfully deserve.

​

In California, the statute of limitations for personal injury claims against government agencies varies dramatically. If you have been injured by the government, such as a California city, county, or state agency, you have a short deadline of only six months (180) from the time of the incident to file your case. Furthermore, suing the government requires following strict procedures and steps. It is always best to consult with an attorney to ensure you are statute compliant and are not risking the possibility of forfeiting your claim.

​

There are minimal exceptions to the statute of limitations. Under certain fact-specific circumstances, the statute of limitations may be tolled, delaying the deadline for filing suit. For example, a California court may extend the statute of limitations for filing a personal injury suit if:

​

  • The injured individual suffers a mental or physical incapacitation due to the injury

  • The injured individual is under the age of 18. The court will allow the statute of limitations to begin from the date the injured individual turns 18 years old, giving him two years from his birthday to file the lawsuit.

  • The injury did not manifest until after the injury took place. Here, the statute of limitations begins from the date the injury manifested in the eyes of the injured individual. For example, two years after an injury, you may begin to experience pain in exactly the same area you were injured. In such a circumstance, the statute of limitations may be tolled, and you may be afforded an extension to file your claim.
     

When should I see a doctor after an injury?

​

Do not wait to see a doctor, see one immediately. After an injury, your body is likely in a state of shock and your pain has not kicked in yet. Do not be fooled and wait for the pain to arise before seeking medical care. Go seek medical attention immediately so that a professional can evaluate your injuries properly and give you the best course of action for recovery. You may have sustained latent (hidden) injuries that only a doctor could detect with a full and true evaluation. Your medical care is important, and the timing of your medical care is important too. In order to ensure full and proper compensation for your medical care, your injuries must be accurately and timely evaluated. The more gaps you have in evaluation and treatment, the more difficult it becomes to connect the injury to the incident.

I was injured, do I have a personal injury case?

​

To determine whether you have a personal injury case, you must first establish that your injury was caused by someone else’s negligence. That means, that you must show that you sustained your injury as a result of someone else’s wrongdoing and no fault of your own. In California, it is your burden to prove that another party is at fault and responsible for causing your injuries. For example, you must show that another party’s act or failure to act caused you harm. Also, it is not enough that you were injured, you must also show that those injuries caused you damages as well. For example, if you were injured in a car accident after someone made an illegal left turn, you must prove that the injuries you suffered were caused by that car accident, and that you suffered damages (such as medical bills, lost wages, emotional distress).

Can an injured minor file a personal injury claim?

​

Yes. In California, a minor is someone who is below the age of 18. A personal injury claim involving a minor, below the age of 18, is different than claims involving adults. A minor cannot negotiate a claim or enter into a contract the same way an adult can. Therefore, a minor may have a guardian or parent pursue a personal injury claim on his or her behalf. Under California law, if a minor’s claim is being pursued, a guardian ad litem is appointed to protect the minor’s interests. Once the claim is settled, the proceeds will be placed into a trust account until the child turns 18.

​

Just like anyone else, an injured minor is still entitled to compensations for injuries sustained in an accident. However, to ensure the minor’s interests are adequately protected, the process is just a little different. A judge may be required to approve the settlement in court. A parent, guardian, or guardian ad litem can file a form for a court to approve a settlement of behalf of the minor. Once the settlement is approved, it will be split into two parts. One part is used to compensate the minor’s parents or guardians for costs such as medical expenses. The second portion belongs to the minor for compensations for personal damages. The minor’s portion will be placed in a trust and allocated to the minor once he or she turns 18. 

 

Under certain circumstances, if the minor becomes disabled, a special needs trust will be established for the minor to protect his or her assets in the event he or she is unable to work as an adult.

I can’t afford medical treatment, but I am injured, what do I do?

​

First, if you have been seriously injured and need immediate medical assistance, you should seek medical attention as soon as possible. However, if you have been injured and have no health insurance or cannot afford to see a doctor, you have options. There are many amazing and well-qualified doctors who are willing to treat you and your injuries on a lien. When a doctor treats you on a lien it means that they will not charge you any up-front fees or require you to pay out of packed. Instead, these doctors will treat you and wait to get paid for their treatment at the end of your case. In order to gain access to lien-based doctors, you must be represented by an attorney so that the doctor has some assurance that they will get paid at the end of representation. Our office provides you with access to the best doctors and medical facilities equipped to treat your injuries. You don’t need health insurance or to pay any upfront fees to be treated by the lien-based doctors within our network.

How much is my personal injury case worth?

​

There is no bullet proof way or formula used to determine how much your personal injury case is worth. The value of your case depends upon many different factors. The facts and circumstances of your injury, the severity of your injury, and countless other factors play a role in determining your case’s value. Primarily, what you would be owed in damages is a starting point in calculating compensation you are owed. Damages include:​

 

  • Past medical bills

  • Future medical bills

  • Lost wages

  • Loss of earning capacity

  • Loss of consortium 

  • Pain and suffering

​

However, for a more accurate picture of your estimated case value, other evidence such as your medical records, ability to recover, police records or witness statement and more are important to consider. Speaking to an attorney will provide you with a better gauge of what to look forward to or expect from bringing forth a personal injury suit.

How do settlements work?

​

First, it is very important to understand that personal injury settlements are not instantaneous. The process involves gathering all evidence and records that substantiate you’re the amount of money you are seeking to get compensated for. Once you have gathered all that evidence, we send a demand letter to the opposing party responsible for your injury outlining the compensation you are seeking. The demand letter includes facts, injuries and documents explaining your injuries and circumstances that caused your injury. 

 

The opposing party will either accept the demand, provide a counteroffer, or reject the demand altogether. If the opposing party provides a counteroffer, you can rest assured that we will never take the first offer given. Instead, we go back and forth with the opposing counsel to ensure that recover every penny you are reasonably owed for your injury.

  

We speak with opposing counsel and come to an agreement on the damages necessary to reasonably compensate you for your injuries, medical bills, lost wages, emotional distress, and other expenses. Throughout settlement negotiations we will be in contact with you to discuss and update you on the negotiations. If you are in agreement to settle, we let the opposing party know. 

​

Please be advised that there is never a guaranteed specific monetary settlement. Your actual settlement amount varies based on countless factors. However, we are always on your side fighting to get you the most amount of money possible to fully compensate you for your damages.

What is negligence?

​

Negligence is a theory used to describe someone’s carelessness in causing injury to another. In order to recover damages in a lawsuit, you must prove that someone was legally responsible for your harms and losses. In other words, you must prove that your injury was caused by another person’s negligence, and not yours. Broadly speaking, when someone acts carelessly and causes injury to another person, under the theory of negligence, the careless person will be legally responsible for any resulting harm. Assessing and determining whether someone acted negligently or is legally responsible for the injury and harm they have caused you can be really fact specific and difficult.  Negligence and legal responsibility are disputed in a lot of injury disputes, especially in car accidents and slip and fall cases. That’s why it’s always important to consult with an attorney before moving forward with your claim.

What does my lawyer do?

​

A personal injury attorney focuses on protecting and pursuing your legal rights while you focus on recovery. Your lawyer becomes responsible for handling your case, talking to the insurance companies, filing a lawsuit when needed, negotiating your claim, and all the other countless things associated with pursuing your claim. While you are recovering from an injury, there are so many responsibilities competing for your attention. Your medical providers will contact you to request payment, investigative representatives may contact you to request a summary of what. Happened, insurance companies will bombard you with phone calls and questions to try to determine how to avoid paying you. These are just small examples of what you have to deal with after being injured.

 

You don’t have to go through the pain of injury alone, in fact, you have too much at stake to get all these tasks done by yourself. During your most vulnerable and life altering days following your injury, your attorney will handle these tasks for you. From the day you decide to retain a personal injury attorney to represent you, that attorney will remain by your side and advocate for you until the day your case is settled.

​

More specifically, your attorney is at the forefront of your case fighting to get you’re the compensation you deserve. First, your attorney will learn all the facts of your case to determine the best course of action for your case. Your attorney will analyze your injuries and facts surrounding your injury, investigate the accident scene, question witnesses, collect documents such as your medical records, speak with medical professional to learn about the gravity of your injury, review photos, videos or other evidence, and talk to experts who can explain the injuries and circumstances better or with science.

​

Your representation only begins there. Your attorney will use all the information gathered to fight for you against defendant’s attorneys and get you the best compensation possible. Usually your attorney goes to settlement mediations where a neutral mediator tries to aid in settling your claim. However, if and when insurance companies fail to agree to settle your claim for the amount you are owed, your attorney will take your case to court.

​

Here is a list of some of the things your lawyer does in your case:

​​

  • Discuss the accident with you and advises you of your rights

  • Investigates your case and does discovery 

  • Discusses your claims with insurance companies

  • Places the proper parties on notice of representation

  • Send formal letters of representation to all parties

  • Requests and reviews applicable insurance policies

  • Reviews and documents your insurance companies’ subrogation rights

  • Evaluates evidence

  • Researches legal issues 

  • Analyzes potential legal issues

  • Accumulates medical bills and hospital bills

  • Requests medical reports

  • Requests lost income information

  • Speaks to experts 

  • Locates medical experts

  • Evaluates damages 

  • Requests medical expert evaluation

  • Files a lawsuit

  • Speaks to opposing counsel 

  • Goes to court

  • Participates in alternative dispute resolution

  • Prepares for trial

  • Tries your case if necessary

​
 

What can I be compensated for in a personal injury suit?

​

Personal injury lawsuits are designed for injured victims to seek compensation for the injuries and damages they sustained as a result of another party’s negligence. The purpose of recovery is to attempt to make the injured party is made whole again. Plaintiffs can seek to recover compensation for damages they have sustained as a result of their injuries. The purpose of this is to ensure that an injured victim does not bear the burden of the consequences of another’s actions and is instead adequately made whole through appropriate compensation. 

 

If you file a personal injury claim, the damages you are entitled to include economic and noneconomic damages. Economic damages account for the actual out-of-pocket costs you incurred as a result of your injury. Noneconomic damages account for the unique physical and mental pain you endured and continue to endure as a result of your injury such as your pain and suffering and emotional distress.

 

Here is a short snapshot of what you may be entitled to recover in a personal injury suit:

​

Medical bills: If you have suffered from a personal injury you likely need medical care and the bills can pile up quickly. Medical care can include emergency care, urgent care, hospital care, treatments, tests, scans, or outpatient care. Oftentimes you are even required to treat your injuries with multiple doctors or providers, and it may seem like your bills are never ending. Whether you went to the doctor to immediately care for your injuries, are required to treat your injuries on an ongoing basis, or have sustained permanent injuries that require constant care, your settlement should include costs that will cover your past and future medical expenses required to treat the injury.

 

Lost wages: If you had to miss work as a result of your injury, you are likely devastated about your injury AND your lost wages. Treating your injuries properly and taking care of yourself following an injury requires you to miss work to go to doctor’s appointment or take some time off to properly and adequately heal. This has likely resulted in a loss of income. California law allows you to recover both past and future lost wages if you have missed work or will miss work as a result of your injury. You could be entitled to compensation for your lost wages as a result of your injury.

 

Lost earning capacity: If you were injured and that injury effected your ability to earn money in the future, you may be entitled to recovering lost earning capacity. While lost wages allows you to recover for earnings you had to forgo as a result of your injury, lost earning capacity refers to earnings you would have had the ability to earn had to injury not happened. If is the amount you would have been reasonably certain to earn if the injury had not occurred.

 

Pain and suffering: Pain and suffering is quantified by proving the amount of pain and suffering you endured as a result of your injury. Included in the analysis is the type of injury you sustained and the type of medical treatment you underwent to recover. To prove your unique pain and suffering, we will need to gather as much evidence as possible to objectively show the suffering you endured as a result of the injury you sustained from someone’s negligence. 

 

The types of evidence usually used to prove pain and suffering includes medical records. Medical records can be incredibly helpful to show your diagnoses, prescriptions required for your pain, treatments, pain levels, hospital stays and more evidence when taken as a whole can show a greater picture of what you endured as a result of your injury. As long as you proactively treat, and honestly communicate with you providers about the status of your injuries, medical records are a great tool in helping to explain your pain and suffering.

 

Photos and videos of your injuries and recovery are also great pieces of evidence that visually document the severity of your trauma. Similarly, journaling your pain can be helpful to painting an adequate picture of the depth and breadth of your pain and suffering.  

 

Documenting your pain and suffering is incredibly important because it serves as evidence that can be used when quantifying your pain and suffering. The more information you have and are able to provide about your pain and suffering, the better an adjuster, judge, or jury can estimate and understand your pain and suffering and compensate you for it. Ultimately, having more records will bolster your credibility and likely entitle you to more compensation.  

 

Emotional Distress: Emotional distress damages compensate you for your mental and emotional state as a result of the injury. An injury not only has physical consequences, but it can also severely affect your emotional wellbeing as well. For example, following an injury or an accident, you may experience anxiety, depression, trauma, post-traumatic stress disorder, and other debilitating emotional damages. All of these emotions may even force you to seek treatment or diagnosis from a therapist, psychologist or psychiatrist. Ultimately, you are entitled to recover for the emotional distress caused as a result of the injuries you sustained as a result of someone else’s negligence.

 

Punitive Damages: In some situations, where the defendant acted with malice, oppression, or fraud, you may be entitled to seek punitive damages to punish the defendant and make an example out of his bad conduct that injured you.

​
 

What are punitive damages?

 

Punitive damages are damages aimed to punish a wrongdoer and deter that conduct in the future. A plaintiff may seek punitive damages in a personal injury case where the defendant(s) have particularly acted badly or reprehensibly and need to be punished for their wrongdoings. If a plaintiff wishes to seek punitive damages, he or she must prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud. 

 

California Civil Code 3294(c) defines “malice” “oppression” and “fraud” as follows:

 

“Malice” 

​​

  • conduct the defendant engaged in to intentionally cause plaintiff injury, or

  • despicable conduct carried on by the defendant with willful and conscious disregard of the rights or safety of others

 

“Oppression”​

​

  • despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person’s rights

 

“Fraud”​

​

  • an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant,

  • made with the intention on the part of the defendant of thereby depriving a person of property of legal rights or otherwise causing injury

 

Clearly, to be able to recover punitive damages, the defendant had to have acted with some level of knowledge or intent to harm.

 

Whereas compensatory damages are aimed to compensate a plaintiff for losses, punitive damages are aimed to punish the defendant for his or her bad actions. Specifically, punitive damages serve to punish people and companies who engage in bad behavior, and also deter the defendant and others from engaging in similar behavior in the future. 

Your role in a lawsuit

​

If you have decided to seek representation for your personal injury suit, your participation is very important. First, you need to focus on your recovery, listen to your doctors, attend your treatments, and take care of yourself. Second, you need to document as much as you can including, your recovery, emotions, pain, and anything else regarding your injury.  

Additionally, you need to avoid speaking to anyone about your case except for your attorney. Anything you say can be used against you. Similarly, you need to be mindful about your social media. Whatever you post, no matter how innocent, can also be used against you as well. 

Importantly, you must avoid speaking to anyone about fault. Do not admit fault for the injury, and do not speak to anyone about the circumstances resulting in your injury. You never know how someone can change your words.  

Communicate and be honest with your attorney. Make yourself available to speak with your attorney. We are here to help you.  Give us any and all facts and documents you have that relate to your case, no matter how small you may think it is. Timely provide documents such as your police report, insurance information, pay stubs, photos or videos of your injuries or accident scene. The more documents you provide, and the more available you are, the more we can help you.

Can I still pursue compensation if I was partially at fault for my injuries?

​

Yes. California is a comparative fault state. This means that in California when multiple parties may be at fault for an injury, comparative negligence laws divide fault between parties and allows victims to recover compensation for their percentage of fault. In short, this allows injured victims to pursue their personal injury claims and recover compensation regardless of how much they were at fault. 

​

If you have been injured in car accident, for example, the defense may assert comparative negligence as a partial defense and allege that you were partially responsible. This partial defense does not completely bar your claim. Instead, it may limit the amount you receive in compensation if the defendant adequately supports his defense. To prove you were partially responsible and prevail on a comparative fault defense, the defendant must show that your actions were a contributing factor in causing the accident or harm. For example, the defendant may argue that you were engaging in any of the following actions while driving, and are thus partially responsible:
 

​​

  • Speeding

  • Driving under the influence of drugs or alcohol

  • Driving recklessly

  • Improperly changing lanes

  • Failing to abide by posted traffic signals

  • Ignoring traffic lights

  • Texting and driving

  • Driving while distracted

​

​Comparative fault holds each party responsible for the degree of fault he or she is responsible for. The judge or the jury will decide the percentage of fault each party is responsible for, and then each party’s amount of compensation will be reduced by the percentage equivalent to his or her fault. For example, if you were injured in a car accident because you were speeding, but the defendant was texting and driving, the court will determine the percentage of fault you and the other party were responsible for. The court may find you 10% responsible and the defendant 90% responsible. This means you would receive $90,000 of a $100,000 total award. The defendant would be able to pay $10,000 less due to the 10% of fault you’re are responsible for causing.

Do I need a personal injury attorney?

​

Although you may handle your claim yourself, it is highly recommended to have a lawyer represent you for your personal injury claim. Insurance companies have one goal: to pay you nothing. They will use every tactic they can to pay you less and will shamelessly take advantage of your lack of legal knowledge to pay you less or nothing at all when you’re injured and dealing with a mountain of expenses. An attorney with personal injury experience will help protect your rights against tyrannical insurance companies, and make sure that you recover the compensation you deserve to recover from your injury. 

​

Pursuing your personal injury claim alone can be tricky for a variety of reasons. First, an insurance company will use anything you say against you later. They will question you and record you to try to corner you into saying something that may release them from liability altogether. Pursuing your personal injury claim when fault is disputed is especially more difficult and technical. A personal injury attorney will make sure the tactics insurance companies try to use to pay you less will fail. An experienced personal injury attorney knows the ropes and is unphased by the insurance company’s strategies. So, when an insurance company tries to use their scare tactics, or throw hurdles to stall your case, having a personal injury attorney on your side will block those efforts. In short, when you have a lawyer on your side fighting for the compensation you deserve, you will likely achieve far greater results in a shorter period of time.

When should I consult with a personal injury attorney? 

​

If possible, immediately. If you or your loved one has been injured as a result of someone else’s actions, there are many questions you probably want answered or things you probably haven’t even thought would be relevant to your case. Even though not every situation requires an attorney, consulting an attorney is still smart and advisable. After speaking with an attorney, you may learn that most situations, including yours, may benefit from an attorney. Especially if you have suffered from a serious injury, you may need an attorney with the experience, skills and knowledge of the legal system. Below are some scenarios that may require an attorney. Consulting with an injury attorney will also help to ensure that you are properly being treated for your injuries and that you have access to the best doctors and providers for your injury. Of course, no two incidents are alike, so this list of scenarios are just a way to give you an idea of when and why you should hire an attorney for your injury claim.

​

You have suffered from a serious injury or permanent disability:

If you have sustained a serious injury by no fault of your own, its important that you consult an attorney immediately. Your serious injury may require long-term care or cause you permanent disability. The medical bill will quickly rack up, and you will likely have future medical bills and a lifetime of financial stress and pain and suffering as a result of your serious injury. Consulting with a personal injury attorney is advisable to prevent the lifetime of financial, physical, and emotional stress you may endure and are entitled to recover compensation for.

​

You aren’t sure who is at fault:

If you are unclear about who is at fault focusing your injury, consulting an attorney is highly advisable. When liability is unclear, an insurance company or opposing party will easily try to weasel their way out of paying you for your injury. Consulting an attorney as soon as possible with help protect your rights. 

​

There are multiple parties involved:

If you were injured and there were multiple people or parties involved in causing you your injury, consulting an attorney immediately is important. This will help you understand how to pursue your claims against multiple parties responsible for your harm, so you aren’t left with the bills. An attorney knows how to skillfully deal with multiple parties and their insurance companies and will ensure that the responsible parties don’t deny or try to evade fault. Multiple party lawsuits are particularly tricky because parties try to pin liability on the other or evade responsibility. They point fingers at each other to try to avoid liability. Consulting with a personal injury attorney as soon as possible will help hold the responsible parties accountable for compensating you for your injury.

​

The insurance company denied or is denying your claim:

insurance companies often try to find ways to avoid paying you. They know that injured victims are vulnerable while recovering from an injury and may not understand the complicated laws involved in pursuing a personal injury claim. They will try to take advantage of you and try to deny your claim. Similarly, insurance companies will try to prolong and delay your claim to try to get you to abandon your claim altogether. They will also delay your claim to get you in a position where you are desperate to just settle for way less than you are owed. They know your bills are piling up and want to tie your hands together. Avoid their traps by consulting with an attorney immediately. An attorney will pursue your claim and ensure that the process of recovery is not unreasonably delayed.

​

The sooner you consult with an attorney, the sooner you will learn how to protect your rights and take the rights steps to ensure you are fully compensated for your injuries. Don’t wait to contact an attorney after you have been injured. You have nothing to lose.

What are compensatory damages? 

​

In California, compensatory damages are aimed to compensate a plaintiff for losses suffered as a result of an injury. This is different from punitive damages, which are aimed to punish the defendant to discourage him and other from engage in similar behavior in the future.

 

In California, compensatory damages fall within two basic categories:

 

  • Economic damages, which account for damages such as your medical bills, property damage and lost wages

  • Noneconomic damages, which account for your pain and suffering and emotional distress damages

What are economic/noneconomic damages? 

 

Economic and noneconomic damages are categories of compensatory damages a plaintiff may recover in a personal injury suit. 

 

Economic damages are out-of-pocket expenses that plaintiff has actually spent or will be required to spend in the future. They also include damages in which an actual dollar amount can be attached to. For example, economic losses often include, but are not limited to:

​​​

  • Past and future medical bills,

  • Property damage,

  • Past and future lost wages, and

  • Lost earning capacity

​

Noneconomic damages are subjective losses that are more personal and unique to your injury and case. Noneconomic damages aim to compensate you for your specific injury and its effect on you. For example, noneconomic losses include, but are not limited to:​

​

  • Past and future medical bills,

  • Property damage,

  • Past and future lost wages, and

  • Lost earning capacity

Can I get reimbursed for the days I missed from work while recovering from my injuries?

 

Yes. If you have missed worked as a result of your injury, which has caused you to lose earnings, or if you have lost the ability to earn money in the future as a result of your injury, you may recover those damages. 

bottom of page