Personal Injury Attorney San Fernando Valley
Injuries are never fun for any of us, and being injured due to the negligence of others can make the situation worse. Personal injury cases involve injuries to one person because of another person's fault or actions.
They can involve injuries due to intent – someone deliberately or recklessly injuring or physically injuring another – or unintentional consequences – which involved someone unintentionally or without malice or intent injuring another person.
Personal injury cases include slips and falls, assaults, and medical malpractice. They can also include emotional or mental harm.
If you’ve suffered a personal injury, Peck Law Corp will stay by your side and fight for your case so that you are duly compensated. In some cases, we work on contingency, so you don’t have any upfront fees. If you’re looking for a personal injury attorney in San Fernando Valley, you can count on us.
What is Personal Injury?
If As stated above, personal injury is a legal term that involves injuries sustained by another person and includes injuries to the body and mind. Personal injury is different from property injury or damage. Property is damage to our property but not to the body or mind.
All personal injury matters are the direct or indirect result of a person's negligence, whether by gross negligence, reckless behavior, or intentional or unintentional consequences that cause physical injury to a person's body or mind.
The injured person will seek monetary compensation through the court system, usually with the assistance of an attorney, for injuries – such as pain and suffering – medical bills, and decreased or diminished quality of life.
Personal Injury Statistics
Personal injury is one of the most common types of legal cases in the United States, representing about 10 percent of all civil cases in the United States. Civil cases are any legal case that is not a criminal matter.
Personal injury cases are non-criminal disputes between two or more parties that involve injuries to one of the parties (the Plaintiff or Petitioner). The most common type of personal injury case is motor vehicle accidents.
Due to the many vehicles on the roads across the country (trucks, cars, etc.) the number of motor vehicle accidents will automatically increase, rising the number of personal injuries.
Medical Malpractice cases are the second most common forms of personal injury cases. However, only a small percentage of these cases go to trial. Most cases are settled out of court or before the case goes to trial.
Types of Personal Injury Cases
Let’s look into the different types of personal injury cases in detail that a personal injury attorney in San Fernando Valley can help you with.
Motor Vehicle
Motor vehicle cases are the most common type of personal injury cases. They range from rear-end bumper cases to hit-and-run cases. The injuries can range from minor bruises and scratches to broken bones and coma.
Motor vehicle personal injury cases are usually easy to defend. Most of the time, witnesses are involved, injuries are noticeable, pictures are taken at the scene of the accident, and the description of how the accident happened can usually decide who was at fault.
Since most states require drivers to have some type of car insurance, the injured party is more likely to collect compensation from the insurance company, although there are times when this may not happen.
The more vehicles on the road, the higher the number of motor vehicle personal injury cases. And with the increased use of smartphones and other devices in our cars that can distract us, we can only expect personal injury cases from motor vehicle accidents to remain the most common.
Medical Malpractice
Medical malpractice cases are the second most common form of personal injury cases. These cases occur when the injured party claims medical treatment provided – or not provided – caused injury to their body or emotional trauma.
These cases can include the wrongful death of a loved one, injuries during childbirth, surgeries, side effects of prescribed medication, and bad advice. The injured party claims the medical professional provided treatment below the standard level of care.
Most of the time, the monetary request is extremely high. However, unlike motor vehicle cases, medical malpractice cases are the least rewarded to the injured party. It is very difficult to win a medical malpractice case.
Premises Liability
Slip and fall personal injury cases occur when someone sustains injuries on a business owner's property. Business owners are responsible for providing a safe place for those who visit their business and come to their property.
The most common type of premise liability is slip and fall injuries. Other types of premise liability cases include work-related injuries (employees injured on the job, but most of the time, this would be considered worker's compensation), dog bites, toxic fumes or chemicals, amusement park accidents, smoke and fire, electrocution, and assaults that happened on the business' property.
Worker's Compensation
This personal injury involves injuries to employees while working for their employer. If you have been injured at work, you may be entitled to workers' compensation benefits. These benefits can include medical expenses, income replacement, and death benefits. Workers' compensation claims can be complex, so it is important to seek the advice of an experienced attorney.
The attorneys at Peck Law Corp have extensive experience handling workers' compensation claims and can help you get the benefits you deserve.
Product Liability
Product liability cases involve someone sustaining injuries due to a defect in a product. In these cases, the person liable could be the manufacturer, the seller, and the distributor.
Examples include a child's toy that injures the child, vehicle defects that cause accidents or injuries, equipment defects that cause injuries, asbestos, mold, and food products that cause injury or sickness.
Punitive Damages
Punitive damages are damages above and beyond the regular compensatory damages a person seeks for their injuries. Punitive damages act as a punishment for gross negligence on the part of the guilty party. They are often included in the compensatory reward or asked for by the injured party due to extreme negligence by the offender.
For example, if someone was drag racing or speeding and caused an accident, this could result in punitive damages. If a business owner failed to fix a rotten staircase, this could result in punitive damages. Or, if they let their vicious dog roam the property without being properly secured, and someone was injured, this could result in punitive damages.
If a doctor deliberately failed to give directions for medicine or was negligent or grossly negligent in a surgery that caused injuries, this could result in punitive damages. Or, if a vehicle manufacturer failed to inform the public about a car defect, causing accidents or injuries, this could result in punitive damages.
Steps To Take To File a Claim
1. When we find ourselves involved in a personal injury case, the first thing we need to do when injured is immediately let the other party know. If it's a car accident, take pictures of the accident, take down contact information, and contact the police. If injured on someone's premises, contact the owner immediately and tell them what happened.
If you are injured, immediately visit the hospital or your primary care provider to document the injuries. Do not waste time. Avoid putting off visiting the doctor – it can count against you.
2. List any injury you have that is directly associated with the incident. If your elbow is injured, let the doctor know. Avoid giving general statements. Avoid saying, “the area around my arm.” Be as specific as you can.
3. Relate any indirect injuries to the doctor. If your elbow is injured and the pain radiates up or down your arm, let the doctor know.
4. Keep all medical bills and appointments and write down every doctor's appointment, and the outcome. Keep note of all expenses. Don't exaggerate.
5. If prescribed medicine, write that down too.
6. File a claim right away by contacting a personal injury lawyer for the next steps in filing a claim. Hand over all documentation regarding incidents, injuries, medical bills, and treatment to your attorney.
7. Keep in contact with your attorney.
8. Show up for all depositions, hearings, and the trial – if there is one.
Schedule a Free Consultation
Personal injury lawyers work diligently to help injured parties win their cases and receive sufficient compensation.
Peck Law Corp works with many injury cases, from elderly abuse, nursing home abuse, wrongful death, auto accidents, and slips and falls. If you've been injured by another person's negligence, our family-based law firm, will compassionately represent you with pride and professionalism.
Our personal injury attorneys in the San Fernando Valley work diligently to hold others accountable for negligent behavior and help you receive the compensation you deserve.