Koreatown Personal Injury Attorney
Personal injury law is one of the most important areas of law, as it helps to reward compensation to those who have been injured as the result of someone else’s negligence or willful actions. These compensation packages can help pay for an individual’s medical expenses, lost wages, and even pain and suffering caused by their unexpected injuries. If you have been injured and need to take legal action, a Koreatown personal injury lawyer can help.
At Heimanson & Wolf, LLP, we are committed to protecting our clients from dealing with personal injuries on their own. Our team is represented by personal injury attorneys who have mastered how to deal with these delicate matters and earn compensation for deserving clients. If you or your family member has been injured in Koreatown, contact us today to make arrangements for an initial consultation.
What Are the Most Common Injuries in Car Accidents in Koreatown?
The neighborhood of Koreatown is not immune to unfortunate incidents that can lead to personal injuries for its residents and visitors alike. Some of the most common types of injuries include:
- Whiplash and Neck Injuries. When someone suffers from whiplash, it is most often caused by an unexpected jerk to the head. These injuries are very common in rear-end collisions in which a driver’s or passenger’s head could move forward and backward with great force, tearing neck muscles and tendons. These injuries can call for a number of different treatment options, such as prescription pain medicine or rehabilitative sessions to help restore muscles and tendons back to their original function.
- Broken Bones and Fractures. Some of the most commonly cited personal injuries are either broken or fractured bones. These injuries can happen for a number of reasons, such as unexpectedly falling and landing on a sensitive area of your body or being involved in a motor vehicle accident. When victims are lucky, they only experience minor fractures and can recover in a short period of time. In other instances, a client may be dealing with broken bones that take much longer to heal.
- Traumatic Brain Injuries. Any sudden jolt to the head that is beyond what the brain is used to could cause a traumatic brain injury. Falling on the ground or being hit in the head with an inanimate object are some common reasons why these injuries occur. While some incidents can result in a minor concussion with symptoms that clear quickly, others can be much more damaging. When severe brain damage happens, long-term cognitive challenges are possible. For example, someone might struggle to speak, lose control of their muscles, or even suffer from memory loss. This could permanently affect their ability to finish receiving an education or hold a job to make a living. Cases involving TBIs can be some of the longest, most complicated personal injury claims, as there is a significant amount of work required to ensure the victim will be taken care of in the long term.
- Spinal Cord Injuries. A spine is one of the most crucial components of one’s overall well-being. Incidents in which someone falls from a tall height or has been crushed in a car accident can result in significant damage to this vital bone. For example, some individuals may face irreparable damage that leaves them paralyzed for the rest of their lives. In these cases, a personal injury lawyer will be a strong ally to ensure everyone responsible for this tragedy is held accountable.
- Burn Injuries. Being burned by a defective product or being exposed to something at work can cause significant pain in the area affected. In extreme cases, it could restrict certain aspects of mobility, like being able to touch or grab items, for a long period of time. Treatments for burn victims are extensive, often requiring skin grafts and multiple physical therapy sessions to regain full function. If a burn injury forces you out of work, an attorney can help you recoup lost wages.
How Can I Prove Negligence in a Personal Injury Case?
There are four distinct elements that need to be satisfied to prove an injury was caused by someone else and qualifies to be considered for compensation. A personal injury lawyer will be able to collect evidence and construct a case that meets these requirements on your behalf.
The four main elements include:
- Duty of care: The first order of business is to establish that the defendant had a duty of care owed to the alleged victim. The nature of this duty of care will vary widely based on the type of relationship that exists between both parties. For example, this could be a doctor-patient relationship or a manufacturer-consumer relationship.
- Breach of duty: In addition to proving a duty of care existed, an attorney will then need to show how that established duty was broken. This will require a large amount of evidence, such as surveillance footage and witness testimonies, to be collected in order to validate the alleged breach. For example, proving that a doctor misdiagnosed a patient or prescribed the wrong medication through medical records can help make the case.
- Causation: There needs to be an established “link” between the breach of duty and the victim’s injuries. Without being able to connect these dots, the defendant’s attorney could suggest the plaintiff’s injuries were not a direct result of their client’s action or inaction. This could cause suspicion among a judge and jury and jeopardize the case. One way to help establish this link is through compelling evidence. For example, providing medical records could show how the status of a plaintiff’s health condition before and after receiving an inaccurate prescription suffered directly from the physician’s negligence.
- Damages: Finally, a compensation package cannot be issued if there are no damages for which to reimburse the plaintiff. A plaintiff will need to work with their attorney to demonstrate all physical, emotional, or financial damages they have suffered since the incident date. This could include medical reports to detail conditions being treated or bank statements to demonstrate the financial aftermath of the incident.
While it may seem overwhelming to satisfy these elements beyond a reasonable doubt, the process can be much more efficient when collaborating with a personal injury attorney. Having this legal support system can make the difference between being financially restored through compensation and moving forward while still struggling with expenses you did not cause.
Koreatown Personal Injury FAQs
Q: How Much Can You Sue for Personal Injuries in California?
A: There is no set limit for how much someone who has been injured in Koreatown can sue for personal damages. An attorney will be able to provide their own estimation based on their experiences from previous cases, which can help set your expectations. Typically, the longer you have been absent from work to take care of your injuries, the more money you will be able to recoup for medical expenses and lost wages. Punitive damages may be possible if the act was heinous and intentional.
Q: Do I Have to Pay Taxes on a Personal Injury Settlement in California?
A: Personal injury settlements in Koreatown are not typically subjected to state or federal taxes. There are some expectations. For example, if someone deducts a medical expense related to their injury on their tax returns and receives compensation for those same expenses, this portion may be taxable. If punitive damages have been awarded, those are often taxable as well. Be sure to consult with both an attorney and tax strategist to ensure you remain compliant in these areas.
Q: How Are Personal Injury Settlements Calculated in California?
A: Some of the easiest damages to quantify are medical expenses, lost wages, and property damage. The non-economic damages, such as pain or emotional distress, are more subjective and will require evidence to support their value, such as professional testimonies and mental health care records. All of this will be combined with an evaluation of the severity of negligence and how permanent its consequences are to reach a final calculation.
Q: Do I Have to Report a Personal Injury Settlement to the IRS?
A: Yes, anyone who has been awarded a personal injury settlement must include this information on their tax returns to the IRS. While the bulk of these funds will not be taxed, the government still needs to check to ensure no exemptions exist. This is why it’s recommended to keep a detailed record of your settlement with information on how it was calculated. This can help to ensure you are compliant with the IRS while still enjoying the benefits of your compensation.
Contact Heimanson & Wolf, LLP: Koreatown’s Personal Injury Lawyers
If you are suffering from damages that are believed to have been caused by another individual, connect with the injury attorneys of Heimanson & Wolf, LLP, today. For years, we have represented personal injury clients, successfully earning them the compensation they need to recover.
We understand how isolating it can feel to face disputes against the validity of your claims. Our attorneys can use their extensive knowledge and experience in personal injury law to fight for the level of compensation you deserve. We look forward to hearing more about your story and how we can help.