Los Angeles Personal Injury Lawyer
Having a personal injury attorney on your side can make a huge difference when pursuing damages. Without a lawyer, you are at the whims of insurance companies and defendants, who might ignore your claim and string you along indefinitely.
With a lawyer on your side, we can help you understand what your case is truly worth. Then we can demand payment from the insurance companies and defendants in your case. If they refuse to pay or delay the claim, we can take them to court. If needed, we can even take your case all the way to trial to get you the damages you deserve.
To get started with a free case review, call the Law Office of John J. Perlstein’s personal injury lawyers at (213) 252-1070 today.
What Do I Need for a Personal Injury Case?
Personal injury cases are typically filed against defendants for their “negligence.” While you can sue for intentional injuries, negligence applies to many more cases. You also need sufficient evidence to prove your claim.
A Defendant
You must file an injury claim against someone else, whether that be a company or individual. You cannot usually get compensation for an accident you cause, but people and companies have all kinds of insurance to cover accidents that happen on their premises, because of their business operations, or because of their driving.
Elements of Negligence
A negligence claim is based on these four elements:
- Duty – The defendant owed you a legal duty, often based on a traffic law, some other statute, or what is reasonable given the relationship between the victim and defendant.
- Breach – They have to have breached that duty, often by acting carelessly or failing to use the proper skill.
- Causation – The defendant’s breach has to be the actual cause of your accident; i.e., the accident would not have happened if they had not done something wrong.
- Damages – You need physical injuries and monetary damages we can seek compensation for.
If any one of these is missing, your case could be in jeopardy.
Evidence Needed
Victims have the “burden of proof and production,” meaning that it is up to your side, with help from your personal injury lawyers, to bring the evidence and prove the case. We must provide enough evidence to convince the jury that your story is more likely than not to be true.
Most cases are based on these first three pieces of evidence at the very least, but the rest all help build an even stronger case:
- Your testimony
- Your bills and financial records to show damages
- Your medical records to show the injuries you faced
- Other witness testimony
- Expert reports and testimony
- Photos and video of the accident
- Damage reports/appraisals for car accidents
- And more.
Save any records, communications, and bills you have; we will help you locate the rest of the available evidence.
How to File an Injury Claim in Los Angeles
Injury cases are typically filed as insurance claims directly with the defendant’s insurance. We can help you file these claims.
If the claim does not result in a fair settlement offer or they drag out their investigations too long, we can negotiate with them or even take the case to court.
Getting Medical Care
You should always get medical care right away after an accident. This creates a record of your injuries and when they happened, plus it puts you on the path to recovery.
Gathering Evidence
In the immediate aftermath of your accident, prioritize getting medical care. If you are well enough to stay at the scene of the accident, get contact info for everyone involved and any witnesses. Also take photos or video of the area, any dangerous conditions, or any vehicle damage involved in the case.
Calling a Lawyer
Do not try to file insurance claims or talk to defendants about damages on your own. Always work with a lawyer who can help you understand what your case is worth and bring a strong demand for damages.
Filing Your Complaint
Before we can file in court, we have to collect evidence, proof of fault, and proof of the damages you suffered. We then write up a “complaint” and file it in court.
Personal injury cases in LA County are typically filed with the Superior Court of Los Angeles County, though the specific location you file will depend on where your accident took place, among other factors.
Settlement Negotiations
Once your lawyer is on the case, and it has been filed, we can continue settlement negotiations. If the defense offers fair damages, we can advise you to accept that and end your case faster than going to trial.
Trial
Otherwise, if they refuse to settle, we can take them to court and let them answer before a judge and jury for what they did to you.
FAQs for Personal Injury Claims in Los Angeles
Where Do I Bring My Case?
If you were hurt in LA County, you typically bring your case in LA County. However, LA County is so big that it has multiple courthouses, and you should work with a lawyer to make sure you file in the correct place.
Can I Sue for Work Injuries?
Accidents at work might restrict who you can sue. Typically, you cannot sue your employer for work-related accidents, but you can still sue other parties, such as manufacturers of dangerous equipment, drivers, and more.
How Long Do I Have to File My Personal Injury Case?
The statute of limitations on personal injury cases gives you 2 years to file most injury claims. However, you should call a lawyer and get started on your case much sooner to avoid losing evidence or giving witnesses time to forget what happened.
When Should I Settle vs. When Should I Go to Trial?
Waiting to take your case to trial can mean going quite a long time without damages. If our lawyers can negotiate a fair settlement, we can advise you to accept that and end the case earlier.
It is always a case-by-case question, and there are no hard and fast rules about when to settle and when to press on to trial.
Call Our Personal Injury Lawyers in Los Angeles Today
If you were hurt in an accident, call the experienced personal injury attorneys at the Law Office of John J. Perlstein at (213) 252-1070 for a free case evaluation.