There are a wide variety of situations and accidents that can lead California residents to file a personal injury claim. Maybe you were involved in a motor vehicle accident, got hurt at work, slipped and fell on someone else’s property, or sustained a nasty bite from someone else’s dog. All of these cases fall under the umbrella of personal injury law, and if you were injured in a Los Angeles accident, you have the right to pursue fair compensation with the help of an experienced attorney.
Here at OnderLaw, our personal injury lawyers have won more than $3 billion in personal injury settlements for deserving clients. Call us now or contact us online to find out how we can help you in a free, confidential consultation.
Why Hire a Personal Injury Lawyer?
Making a personal injury claim for a Los Angeles accident can be a complicated process. It often involves a lot of time and research, especially if your injuries were severe or any disputes arise as you pursue your claim. If you’re still recovering from your injuries, you may have a difficult time gathering evidence, researching relevant case law, and negotiating with insurance adjusters all on your own.
This is where a personal injury lawyer comes in. Lawyers are professional advocates with years of experience and the detailed knowledge needed to see your claim through to a fair, favorable outcome. You may think that just because you or the person responsible for your accident has insurance, you won’t need an attorney, but you should bear in mind that insurance companies are not looking out for your best interests.
An insurance company’s goal is to make a profit, which means they have every incentive to deny or minimize your claim, and you can be sure they’ll have teams of their own lawyers to help them do it. With a personal injury lawyer on your side, not only can you avoid the hassle of dealing with exhaustive paperwork and drawn-out insurance negotiations, you’re also statistically more likely to receive a higher settlement.
The personal injury team at OnderLaw provides high-quality representation for Los Angeles clients in a variety of practice areas, including:
Steps to Take After an Accident
Being injured in a Los Angeles slip and fall, dog bite incident, or traffic collision can be scary and disorienting, but there are several steps you can take to protect yourself, your legal rights, and your ability to recover compensation later on:
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- If anyone was severely hurt, call 911 to report the incident and request assistance from emergency services.
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- Seek immediate medical attention, even if your injuries seem minor at first, and make sure to follow through on your doctor’s treatment recommendations.
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- Collect contact and insurance information from other parties at the scene.
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- Ask any eyewitnesses present for statements and their contact information.
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- Take photos of the accident scene and any resulting damage or visible injuries.
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- Avoid admitting fault, discussing your case with others, or posting on social media, since this could potentially damage your claim.
- Contact an experienced Los Angeles personal injury lawyer for a free consultation.
What Does an Accident Investigation Look Like?
When law enforcement officials, insurance adjusters, and personal injury lawyers conduct investigations, they typically look for facts and evidence to help them determine who may have been liable for the accident. While every accident is different, the majority of accident investigations contain the five following components:
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- Preserving and Documenting Evidence Investigators will often take photographs of every part of an accident scene and record other important factors, such as the weather and lighting conditions present at the time.
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- Collecting Statements Everyone involved in the accident, as well as any witnesses, is typically interviewed separately so investigators can compare their accounts later on and gain a better understanding of what actually happened.
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- Reconstructing the Accident Investigators may sometimes work with an accident reconstruction specialist to create a diagram of the incident, which can be a useful way to study possible contributing factors.
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- Identifying Possible Legal Violations If anyone involved in the accident violated any local, state, or federal laws, investigators will typically include such violations in their reports and may issue citations or fines.
- Determining Who Was at Fault After gathering all relevant evidence available in a particular case, investigators will then work to determine who was at fault for the accident. In some cases, liability may be assigned to multiple parties.
What Are the Damages Available for Injuries?
With a successful personal injury claim, you could recover compensation, or “damages,” from negligent parties or the insurance providers who represent them. Depending on the nature of your accident, the severity of your injuries, and who is determined to be at fault for the incident, you could be eligible to recover damages for the following types of accident-related losses:
- Medical bills and related treatment expenses
- Potential costs of any future medical care you may need
- Repair costs for any personal property that was damaged
- Loss of earnings from missed time at work
- Lost future earning potential, if you become disabled
- Pain, suffering, and mental anguish
- Loss of quality of life
- Loss of consortium or companionship
In certain cases, a special type of damages known as punitive damages may be available as well. Punitive damages are intended to punish negligent parties, and they’re generally only awarded in extreme circumstances, such as when victims were injured by someone who was egregiously reckless or intentionally malicious.
Common Causes of Los Angeles Accidents
Although every accident is different, the majority of traffic collisions, unsafe premises incidents, and other events that cause significant injuries are preventable tragedies that share a handful of common causes.
Car, truck, and motorcycle accidents, as well as rideshare accidents and collisions between motor vehicles and bicyclists or pedestrians, are commonly caused by:
- Driving under the influence
- Distracted driving
- Drowsy driving
- Inexperienced driving
- Lane weaving
- Speeding
- Tailgating
- Running red lights
- Running stop signs
- Failing to yield
- Failing to use turn signals
- Defective vehicle components
When people visit dangerous premises that property owners have not appropriately maintained or secured, they may be injured by:
- Uneven floors or loose carpeting
- Spills, leaks, and slick floors
- Inadequate security
- Unattended attractive nuisances
- Hazardous chemical spills
- Falling or flying objects
- Unleashed or unattended animals
- Outdoor areas not tended for inclement weather
Depending on a workers’ role and job-related responsibilities, work-related injuries may be caused by:
- Overexertion
- Slip and fall accidents
- Repetitive motions
- Improper lifting techniques
- Traffic incidents
- Obstructed pathways
- Falling or flying objects
- Malfunctioning or defective equipment
- Lack of training
- Violent altercations
If nursing homes lack the resources and professionalism needed to care for residents, abuse and neglect may be caused by:
- Staff shortages
- Inexperienced or untrained staff
- Underpaid staff
- Staff burnout
- Negligent management practices
Common Types of Accidents in Los Angeles
The negligence of drivers, property owners, pet owners, workplace managers, and nursing home staff commonly cause the following types of Los Angeles accidents:
- Single-vehicle collisions
- Two-vehicle collisions
- Multi-car pile-ups
- Rear-end accidents
- Sideswipe accidents
- T-bone accidents
- Head-on collisions
- Rollover accidents
- Hit-and-run accidents
- Rideshare accidents
- Commercial truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slips, trips, and falls
- Inadequate maintenance accidents
- Inadequate security incidents
- Elevator or escalator accidents
- Step or stair collapse incidents
- Swimming pool accidents
- Amusement park ride accidents
- Dog or animal bite accidents
- Fire- or chemical-related accidents
- School- or sports-related accidents
- Construction site accidents
- Slips, trips, or falls
- Struck by object accidents
- Defective machinery incidents
- Crushed or caught in equipment accidents
- Electrocution incidents
- Motor vehicle crashes
- Toxic fume inhalation
- Repetitive motion trauma
- Workplace violence incidents
- Slips, trips, and falls
- Undiagnosed or untreated illnesses
- Medication errors
- Inadequate hygiene or nutrition
- Secondary infections
- Physical abuse
- Psychological or emotional abuse
- Sexual abuse
- Financial exploitation
- Abandonment or neglect
Common Injuries from Los Angeles Accidents
Here at OnderLaw, some of the most common injuries our personal injury lawyers see in Los Angeles accidents and nursing home abuse cases include:
- Traumatic brain injuries
- Whiplash
- Back and neck injuries
- Spinal cord injuries
- Abdominal injuries
- Puncture wounds
- Bone fractures
- Burn injuries
- Road rash
- Amputations
- Disfigurement
- Post-traumatic stress disorder
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Back and neck injuries
- Bone fractures
- Soft-tissue injuries
- Burn injuries
- Toxic exposure injuries
- Violent incident trauma
- Drowning
- Electrical shocks
- Dog bite injuries
- Traumatic brain injuries
- Concussions
- Overexertion injuries
- Repetitive motion injuries
- Bone fractures
- Muscle strains and sprains
- Back injuries
- Amputations
- Burn injuries
- Electrical shocks
- Toxic exposure injuries
- Bedrail injuries
- Bedsores
- Concussions
- Spinal cord injuries
- Infections
- Asphyxiation
- Bone fractures
- Psychological injuries, including isolation
- Dehydration
- Malnourishment
- Overdoses
What Is the Cost of a Personal Injury Lawyer?
If you were hurt in a motor vehicle accident, slip and fall, or any other Los Angeles incident, you may be struggling to make ends meet as your accident-related expenses pile up, especially if you’re too hurt or sick to work. Many accident victims feel reluctant to get the legal help they need because they assume that they could never afford to hire a personal injury attorney, but fortunately, there is a way for you to get quality representation for your claim regardless of your current ability to pay.
The personal injury lawyers of OnderLaw offer first-class legal services on a contingency-fee-basis. This means that there are never any fees unless we win compensation for our clients. We do not charge any up-front costs to get started on your case, and we provide confidential, no-obligation consultations completely free of charge.
The bottom line is, we don’t get paid unless you do. If you need assistance with your Los Angeles personal injury claim, OnderLaw is here to help.
California Accident Statistics
According to the California Office of Traffic Safety:
- There were 3,563 traffic fatalities throughout California in 2018
- 1,069 of those fatalities were the result of accidents involving a driver or motorcycle rider with a blood alcohol concentration (BAC) of 0.08 or higher
- 488 of those fatalities were motorcycle riders
- 155 of those fatalities were bicyclists
- 893 of those fatalities were pedestrians
- 42 percent of all drivers who were killed in motor vehicle crashes and subsequently tested for drugs tested positive for legal or illegal drugs
Reports from the San Luis Obispo Tribune and DogsBite.org reveal:
- Dog bite incidents are more common in California than any other state in the U.S.
- In 2019, there were nine fatal dog bite attacks in California, the most on record for any state in a single year
According to the California Division of Occupational Safety and Health:
- In both 2016 and 2017, there were 376 work-related fatalities in California
- 92 percent of California occupational injury victims from 2013 to 2016 were men
- Transportation incidents accounted for 37 percent of occupational fatalities from 2013 to 2017, followed by violent acts (20 percent) and slip and falls (19 percent)
Statistics published by the California Office of the Attorney General indicate:
- An estimated 150,000 California residents are believed to live in unlicensed assisted living facilities
- 13 percent of all complaints reported to the California Office of the State Long Term Care Ombudsman in 2009 involved “abuse, gross neglect, or exploitation,” which is more than twice the nationwide average of 5 percent
California Personal Injury Laws
While many laws throughout the state of California are similar to other state and federal laws, several unique regulations apply specifically to personal injury cases in the Golden State:
- Drivers are prohibited from using mobile electronic devices while driving unless they are used for hands-free operation.
- Motorcycle riders and passengers are required to wear helmets on California roads at all times.
- California’s no-fault insurance system requires car owners to carry liability insurance that covers at least $15,000 per person and $30,000 per accident for injuries, and $5,000 per accident for property damage.
Dog owners are strictly liable for dog bites, even if they have no way of knowing their dogs could be dangerous and their dogs have never previously bitten anyone.
- If more than one individual or entity is found liable in a personal injury case, California follows a doctrine of pure comparative negligence to determine compensation.
- Under the pure comparative negligence system, compensation in personal injury claims is reduced in direct proportion to a party’s percentage of fault for the accident.
- California’s statute of limitations imposes a time limit of two years on all those who wish to file a personal injury lawsuit in state courts.
- If a claim is filed against a California government entity, the statute of limitations is reduced to six months.
- Uninsured drivers cannot recover non-economic damages, such as pain, suffering, and loss of consortium damages, unless they are involved in an accident with an intoxicated driver who is convicted of a DUI.
- Non-economic damages in California medical malpractice cases, such as nursing home abuse cases, are capped at $250,000.
Accident Claims Process
The specific details of a personal injury claim may vary based on the type of accident, the severity of resulting injuries, and who was at fault, but the general accident claims process for all California personal injury cases is basically the same:
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- Filing the Claim Your lawyer can help you submit an official and thorough demand letter detailing the facts of your case, your injuries, and a list of your personal expenses and other damages.
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- Dealing with Adjusters Insurance companies rarely agree to initial demands, so the next step usually involves one or more rounds of negotiations, which your attorney can handle for you.
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- Reviewing Settlement Offers You will receive a counteroffer for a lower sum than the amount you requested in your demand letter. Your lawyer will review offers with you before accepting any settlements on your behalf.
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- Receiving Compensation If you accept a settlement offer, you will receive your compensation in a lump sum or a series of structured payments, and your attorney will deduct their fees as a percentage of the overall settlement.
- Fighting Denied Claims If the insurance company does not make a reasonable settlement offer, you may be forced to file a personal injury lawsuit to seek compensation in court.
Personal Injury Lawsuits in Los Angeles
If you decide to file a personal injury lawsuit in Los Angeles, you can expect the process to look very similar to the steps involved in filing an insurance claim:
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- Determining where you will file If you were injured at work, you will file a claim with the Division of Workers’ Compensation. Otherwise, claims of less than $10,000 are filed in small claims court, and claims greater than $10,000 are filed in California civil court.
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- Filing court papers Your lawyer will help you file a summons, which notifies the defendant that you are taking legal action, and a complaint, which notifies the court of the facts of your case and the damages you wish to pursue.
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- Discovery During discovery, both parties will have the opportunity to request additional evidence from the other party.
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- Mediation You may be advised to attempt mediation of your claim before going to trial, which will be similar to previous rounds of insurance negotiations.
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- Trial If a settlement still can’t be reached, your case will proceed to trial, and your attorney will present your case before a judge or jury.
- Verdict After your trial, the judge or jury for your case will deliver a verdict in which they determine who is liable and whether you should be awarded compensation.
High-Quality Legal Representation in Los Angeles
For nearly 20 years, OnderLaw has provided exceptional and effective legal services to those we represent. We understand the far-reaching impacts a serious injury can have on your life, and our lawyers are committed to connecting with you on a personal level to discuss every detail of your case and develop a plan for success.
We never charge any up-front fees, and initial case reviews are always free and confidential with no obligations. Call us or contact us online to speak with a member of our dedicated staff and schedule your consultation today.
