What is a Personal Injury Claim?
A personal injury claim arises when you, or your attorney on your behalf, allege that your ‘person’ came to harm by the negligence or carelessness of another person. Although your ‘person coming to harm’ often entails physical injuries, it does not have to be physical: mental and emotional harm would also give rise to a claim.
Personal injury claims are ‘civil’ wrongs: the plaintiff puts forward their case in either the civil division of the Superior Court or the small claims division in an attempt to attempt to prove, on the balance of probabilities, that the defendant was at fault for the plaintiff’s personal injury. Where the attorneys are successful in proving the case, compensation may be awarded to the plaintiff in order to cover expenditure such as medical bills for your injuries.
Many personal injury cases hinge on proving negligence. Negligence arises where a duty of care is owed to you, that duty of care is broken, and this leads to your personal injury. Negligence cases can be tricky to prove: it can be easy to show that a breach of the defendant’s duty of care has arisen, but it is more difficult to prove causation.
This is where there is a causal link between the breach of duty and the injuries or losses you have suffered. It is, therefore, crucial that you contact our esteemed personal injury attorneys to navigate you through the entirety of your claim.
What Would Compensation Cover?
Personal injury compensation is the awarding of a financial sum in an attempt to restore you to your original position before the injury. Broadly speaking, compensation can be divided into two different subcategories: tangible losses and intangible losses.
Tangible losses cover financial losses, whilst intangible losses cover non-economic losses.
Compensation for tangible losses can include, but is not limited to, the following;
– Past and future medical expenses: this may include hospitalizations, surgeries, and physical therapy;
– Loss of income — past, present and future: this would occur where your personal injury has meant that you have been unable to work;
– Any other expenditure that is a direct result of your personal injury.
Compensation for intangible losses can include, but is not limited to, the following;
– Emotional/mental distress;
– Pain and suffering, including chronic and/or permanent injuries or disfigurement;
– Punitive damages: awarded where it is necessary to put the plaintiff beyond their original position;
– Loss of consortium: involves the loss of companionship as a result of the injury.
How Do I Get My Injury Compensation?
Compensation is awarded by the court, so it hinges on you and your attorneys proving your case. Therefore, the amount of compensation you recover is largely dependent on the facts of the case and strength of your attorneys. However, there are a number of steps that you can take following your accident is improve your chances:
1. Immediately after the accident, seek medical attention. Not only will this be to treat your injuries, but it allows for a third party record of your injuries. This can then be used as official documentation of your injuries by your attorney, to ensure the defendant(s) cannot dispute the nature of your injuries.
2. Gather information from any other parties involved in the accident. For instance, if it it a car accident that you have had, gather insurance information and other details such as licence plates.
3. Gather as much evidence of the scene as possible. The best way to do this is through taking pictures, which can act as an official record of the scene. By doing this, you are limiting what the defendant can contest and/or dispute.
4. Write down as many details about the accident as soon as is reasonably possible. The longer you leave it, the more details that can escape your memory, especially in the case of a traumatic experience. As time goes on, it is common for victims to remember things wrongly. We need to limit this as much as possible — presenting facts that are inaccurate will undermine the entirety of your case.
5. File a police report. This is particularly important where there has been a car accident with other parties. Again, this is all about accumulating evidence with official records.
6. Get in touch with our personal injury attorneys for a free consultation. Often defendants will do everything within in their power to dispute your right to compensation, but we are wise to their tricks. Our experienced and knowledgeable attorneys use cutting edge methods to present your best possible case.
Beyond this, Los Angeles’ Statute of Limitations for personal injury claims is 2 years from the date of the accident. Alternatively, it is 1 year from the injury being discovered, where it is not immediately obvious. There are then caveats which depend on the nature of the claim — where the claim hinges around medical malpractice, it is 3 years from the date of the injury, and if you are claiming against a government agency, you often have a mere 6 months to file your claim. The time pressure means there is very little time to waste: which is why you should get call us today.
Why Should You Get Compensation?
It is easy to see pursuing legal action as a long, drawn out and unnecessary process. You might have a bad perception of compensation claims adding to your long list of burdens, but this is the wrong way of looking at it. We believe that you should not have to suffer as a result of someone else’s negligence or recklessness.
We work everyday to uphold justice; and an equitable settlement is the least you deserve after an accident that was not your fault. Read more why you should not stop perusing your injury claim
We understand the hardship you go through after an accident. We understand that you might be dealing with severe emotional distress over your future, which is why our attorneys pledge to put your best interests at the forefront of everything we do. We have some of the most innovative litigation techniques across Los Angeles — including calling on medical experts and accident investigators to prove your case — but it is our personal commitment to our clients that puts us above the rest.