Personal Injury

Personal Injury Law, also known as tort law, allows an injured person to file a civil lawsuit in court and get legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow the injured person to be compensated financially or “made whole” after suffering harm due to someone else’s carelessness or intentional conduct.

Personal injury lawyers handle a wide range of cases, including but not limited to:

• Automobile accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Workplace injuries
• Wrongful death

If you have suffered an injury or harm that you believe was caused by someone else’s negligence or intentional actions, you may have a personal injury case. It’s important to consult with one of West Coast Defense’s personal injury lawyers who can assess the details of your situation and advise you on the best course of action.

If you’re injured in an accident, it’s crucial to:

1. Seek medical attention immediately for your injuries.
2. Document the scene of the accident and your injuries (take photos, gather witness information, etc.).
3. Avoid making any statements or agreements with insurance companies before consulting a personal injury lawyer.
4. Contact a personal injury lawyer to discuss your case and explore your legal options.

The time limit for filing a personal injury lawsuit, known as the statute of limitations, varies by state. In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. This means you have two years from the day you were injured to initiate legal proceedings against the party responsible for your injuries. However, if the injury was not discovered right away, you may have one year from the date the injury was discovered to file a lawsuit.

It’s important to note that there are exceptions to this rule, depending on the specifics of your case and the entity you are filing against. For example, claims against a government entity have a shorter time frame, typically requiring you to file an administrative claim within six months of the incident. Given the complexities and exceptions in the law, it’s advisable to consult with a personal injury attorney as soon as possible to ensure your rights are protected and to avoid missing critical deadlines.

In a personal injury case in California, you may be entitled to recover various types of compensation, depending on the specifics of your case and the extent of your injuries. The compensation, often referred to as “damages,” can include:

1. Medical Expenses: Compensation for all medical-related costs, including hospital bills, medication, rehabilitation, and any future medical care related to the injury.
2. Lost Wages: Compensation for income lost due to the inability to work while recovering from the injury, as well as future lost earning capacity if the injury affects your ability to earn in the long term.
3. Pain and Suffering: Compensation for physical pain and emotional distress resulting from the injury. This can include compensation for ongoing discomfort, anxiety, stress, and other psychological impacts.
4. Property Damage: If personal property was damaged as a result of the incident (such as in a car accident), you can be compensated for repair or replacement costs.
5. Loss of Consortium: Compensation awarded to the spouse or family members of the injured person for the loss of companionship, affection, and support.
6. Punitive Damages: In cases where the defendant’s conduct is found to be especially harmful, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. These are damages less common as the Plaintiff must prove the Defendant’s conduct was motivated by the malice, oppression and/or fraud.

It’s important to work with a personal injury attorney to accurately assess all the damages you are entitled to and to ensure that you receive the maximum compensation possible under California law.

In many cases, you can still file a personal injury claim even if you share some level of fault for the accident. California follows a “comparative fault” rule, meaning that the compensation you’re entitled to receive can be reduced by your percentage of fault in the incident. Our experienced attorneys can help assess your situation and advocate for the fairest possible outcome.

The duration of a personal injury case can vary widely depending on the complexity of the case, the clarity of fault, and the willingness of the parties to reach a settlement. Some cases resolve in a matter of months, while more complex cases might take years to reach a conclusion. We strive to resolve your case as efficiently as possible while ensuring you receive the compensation you deserve.

While most personal injury cases are settled out of court, some do proceed to trial if a fair settlement cannot be reached. Our team is prepared to represent you vigorously in court if necessary. We have a strong track record of courtroom success and are committed to presenting your case in the best possible light.

It’s important to consult with a personal injury attorney before accepting any settlement offer from an insurance company. Initial offers may not fully cover the extent of your damages and future needs. Our attorneys can negotiate with the insurance companies on your behalf to ensure that any settlement reflects the true value of your claim.

At West Coast Defense, we work on a contingency fee basis for personal injury cases. This means you won’t pay any upfront fees, and our legal fees will only be a percentage of the compensation we recover for you. We believe in making quality legal representation accessible, ensuring that financial concerns do not stand in the way of seeking justice.

For your initial consultation, it’s helpful to bring any documents related to your injury and the incident that caused it. This can include medical records, accident reports, photographs of the scene and your injuries, contact information for any witnesses, and any correspondence with insurance companies. These documents will help us better understand your case and provide more specific advice.

Preparing for a personal injury lawsuit involves gathering all relevant documentation, continuing to document your injuries and recovery process, and following your medical provider’s advice for treatment. It’s also crucial to limit communication about your case and avoid social media postings about your accident or injuries, as these can be used against you in your case.

At West Coast Defense, we’re here to guide you through every step of the personal injury claims process with the compassion, respect, and expertise you deserve. If you have more questions or need personalized legal assistance, don’t hesitate to reach out to us for a free consultation.