Laguna Beach, CA Personal Injury Lawyer

When you get hurt, it can put a big pause on your life.  You may be unable to return to work, and you may even be laid up in the hospital for days or weeks.

These cases are also expensive, but if you were not the one to cause your injuries, you should not be responsible for them.  Our lawyers fight to get your damages paid by at-fault property owners, businesses, and other defendants and their insurance companies.

Call the personal injury attorneys of the Law Office of John J. Perlstein at (213) 252-1070 for a free case evaluation.

Who is at Fault in an Accident Case?

Any accident case follows the facts of what happened, which could mean blaming any of these parties or a combination of them.

You

If you were the only one responsible for your own accident, then you cannot sue.  However, you may still be entitled to a claim if you were only partially to blame.

California uses a “pure comparative negligence” system, which means courts assign each at-fault party a percentage of the blame, and they pay for that percentage of the damages.  If you were partially at fault, you lose out on your percentage of the damages, but no level of fault short of 100% blocks you from suing for the share the other parties caused.

For example, you can be 50% at fault and claim 50% of the damages from the other party.  You can also be 90% at fault and claim the other 10%.

Another Person

Another individual person might be responsible for the accident.  This is common in car accident cases, where you would likely blame another driver.  Individuals can also be liable for creating unsafe conditions in other situations.

A Company

More likely, your claim is going to be against a company.  For example, slip and falls in a store, defective products, and more would all lead to a claim against the company that caused them.

Even if one person caused an accident while they were doing their job, the company they were working for at the time should be responsible in their place.

A Property Owner

The owner of a piece of property could also be liable for an accident caused by unsafe conditions on the property.  This covers things like slip and falls, loose handrails, deck collapse, electrocution, fires, and other “premises liability” injuries.

The owner might be an individual or a company.  When determining whether a landlord or their tenant is at fault, we may need to look at their lease to determine which one was responsible for the specific issue.

Whose Insurance Covers an Accident?

Insurance is often confusing, but some simple rules typically tell you whose insurance will cover an accident.

At-Fault Rule

Most insurance works on an at-fault basis.  This means that the person who caused the accident would use their liability insurance to pay for your damages.

Defendant’s Insurance

In most cases, this means it will be the defendant’s insurance.  Even if you have insurance, it might not cover your accident at all.

For example, you may have car insurance, but it does not typically pay for accidents someone else caused you; their car insurance does.

Exceptions

Injuries at work may be covered by your employer’s Workers’ Compensation insurance.  This is a no-fault system and covers you regardless of who caused the accident.  However, you may still have a case against an outside third party and can recover against their relevant insurance, too.

In a car accident case, you still go after the other driver’s insurance.  However, you may have optional coverages on your policy that help pay for things regardless of fault.  If the other driver’s insurance is too low or they are uninsured, your policy might also have uninsured/underinsured motorist coverage to help you.

How Much is a Personal Injury Accident Worth?

When calculating damages and how much you can get paid in your case, consider these factors:

Damages Are Unique to That Case

Every case’s damages are unique.  There is no set amount of money paid for a broken arm, for example.  We need to look at what economic and non-economic damages you personally suffered.

Damages Available

Most cases allow for damages for all economic harms the accident caused you, as well as all non-economic damages.  This means covering medical bills, lost wages, incidental costs, property damage, pain and suffering, emotional distress, and more.

Talk to a personal injury lawyer about what damages your claim may involve.

Policy Limits/Out of Pocket Payments

If the defendant is paying through their insurance, the policy limit may act as a hard limit on how much you can ultimately receive.  Their insurance usually will not pay for more.

This means any damages beyond that would come from the defendant out of pocket.  If they are a large company, they may be able to afford more; if they are an individual worker, they might not.

Lawsuits vs. Settlement

A lawsuit that goes all the way to trial may pay more than a settlement if you can claim punitive damages to punish a seriously dangerous defendant.  There may also be other factors that make jury awards higher, in certain circumstances.

In any case, you should discuss whether to settle or go to trial with your lawyer.  A settlement being quicker and more definite are often reasons to jump at any reasonable settlement instead of taking the case all the way to court.

How Long Do You Have to File an Injury Case?

California law gives victims 2 years from the date of injury to file a personal injury claim.

How Long Does an Injury Settlement Take?

If the facts are clear and the insurance company wants to end the case quickly, they may offer a settlement within a few weeks or months.  However, this is often too low, and our lawyers may need a few more months to convince them to offer a fair settlement.

If they refuse and we have to take the case to court, it could take longer to settle – but most cases do settle before trial.

How Long Does it Take to Go to Trial?

If the case has to go all the way to trial, it may take a year or two before trial takes place.  However, trial itself is typically only a few days – or perhaps a couple of weeks if the case is very complex.

Call Our Personal Injury Attorneys Today

Call (213) 252-1070 for a free case assessment with the personal injury lawyers at the Law Office of John J. Perlstein.