Los Angeles is one of the busiest and most densely populated metropolitan areas on the planet, and residents and visitors face innumerable risks of injury from many different causes every day. Whenever someone suffers an injury and/or economic loss due to the actions of another party, this can form grounds for a personal injury claim. This type of civil action can arise from many possible circumstances with the goal of holding an at-fault party accountable for the harm they have inflicted on another party.
If you or a family member recently suffered any type of personal injury due to another party’s actions, a Los Angeles personal injury attorney is the ideal asset to secure as you seek recompense for the losses you suffered. The right legal team can streamline the process of holding the at-fault party accountable for their actions and securing the compensation you legally deserve under California law.
Heimanson & Wolf, LLP, is a team of experienced Los Angeles personal injury attorneys with the resources and skills you want on your side as you seek compensation for your damages. No matter how your personal injury happened, if another party is liable for harming you, we can help you hold them accountable and seek maximum compensation for your losses. Our team has many successful cases behind us thanks to our commitment to compassionate and client-focused legal representation in every case we accept.
The central concept in any personal injury case filed in Los Angeles, CA is actual harm or a loss suffered by one party due to the actions of another party. The goal of a personal injury suit is for the victim to recover the compensation needed to account for the actual harm they suffered. Most personal injury cases arise from acts of negligence, or a failure to exercise reasonable care in a specific situation. However, it is also possible for a personal injury to result from intentional and illegal misconduct.
The first challenge the plaintiff in a personal injury case faces is proving the exact cause of their claimed damages. They must identify the party or parties they believe to be responsible for the actual harm they suffered and then prove a clear link between the defendant’s actions and their damages. In other words, the plaintiff must prove the defendant caused actual harm, or some tangible or measurable loss, and they must establish a clear link between the defendant’s actions and the plaintiff’s loss. The damages cited in a personal injury case cannot be the results of any other cause aside from the defendant’s negligence or misconduct.
If you believe that fault for your personal injury in Los Angeles is perfectly clear, this does not mean you should try to handle your case on your own. While there is no legal requirement for you to hire a Los Angeles personal injury attorney to represent your case, doing so can dramatically improve your chances of success with the claim. You will be more likely to maximize your final case award, and you will also be more likely to streamline your recovery efforts and secure compensation as quickly as the law allows.
A personal injury can arise in many ways. At Heimanson & Wolf, LLP, our team routinely provides compassionate and comprehensive legal counsel to victims of all types of personal injuries. When you need legal representation for a personal injury claim, it is vital to not only choose an attorney with substantial experience and a solid track record of successful cases behind them but also experience handling the specific type of case you intend to file. The team at Heimanson & Wolf, LLP, can provide the personal injury representation you need for many types of cases, including:
Heimanson & Wolf, LLP, will take time to learn as much as possible about your personal injury. We can help gather any evidence needed to establish fault for the injury and prove the full extent of your claimable damages. When you hire our firm as your personal injury counsel in Los Angeles, you can rely on us to answer any questions that arise throughout your case and help maximize the compensation you secure from the defendant.
Motor vehicle accidents are a leading cause of personal injuries in Los Angeles and throughout the state each year. If you or a loved one was hurt in a collision caused by another driver, this can form the basis of a personal injury case. However, filing a claim against the at-fault driver’s auto insurance is typically the first step in recovering from a serious personal injury.
Every driver must have auto insurance that meets the state’s minimum coverage requirements. These include at least $15,000 for bodily injuries to a single person, at least $30,000 in bodily injury liability coverage for all persons injured in one accident, and at least $5,000 to cover property damage. These coverage amounts might be enough to compensate the victim of a minor accident, but there is no guarantee that an at-fault driver will have enough coverage to compensate your damages or that they will even have insurance at all.
The state has one of the highest rates of uninsured drivers in the country. It is not required but strongly recommended for all Los Angeles drivers to purchase uninsured driver coverage that allows the policyholder to claim against their own coverage if an uninsured driver causes an accident with them. If you do not have this form of coverage, you will need to proceed with filing a personal injury suit against the driver who hit you.
The attorneys at Heimanson & Wolf, LLP, have years of experience representing clients against some of the largest insurance carriers in the state. We know how insurance carriers attempt to avoid paying out on claims and the tactics they often employ to try to coerce claimants into accepting the lowest possible settlements. We can help file your insurance claim after an accident and secure as much compensation as possible from an at-fault driver’s insurance. If they do not have insurance or do not have enough to cover your damages, you can rely on our team to help build your personal injury case.
Your Los Angeles personal injury attorney can provide invaluable guidance during all stages of your recovery efforts. After completing any initial insurance claims following your injury, or if insurance is not an option in your situation, your first major challenge will be proving the exact cause of the injury you suffered. You must not only identify the party or parties you believe to be responsible for the injury but also show that their actions directly caused the injury.
If negligence caused your personal injury, you would need to prove the defendant had a duty of care they failed to fulfill and their breached duty of care directly caused your claimed damages. In other words, you must prove that your damages solely resulted from the defendant’s negligence and did not occur from some other cause. If you suffered a personal injury from any illegal misconduct, the state is likely to open a criminal case against the defendant, and your civil claim proceedings may unfold in tandem with the criminal case filed by the state. Your Los Angeles personal injury lawyer can help you understand how the criminal case could influence the outcome of your personal injury suit.
The exact manner in which you must prove fault will differ based on the type of personal injury you experienced. For example, if you were hurt in a car accident, you may need vehicle computer data, the other driver’s cell phone records, and traffic camera recordings. If you were hurt in a slip-and-fall accident, security camera footage could be invaluable to your case. No matter what type of personal injury you experienced, if any witnesses saw the injury happen firsthand, their statements could be invaluable to proving liability for your damages.
If that liability is heavily contested, or the incident that resulted in your injury involved complex technical details, your Los Angeles personal injury attorney may consult expert witnesses. These professionals can explain how your injury happened in an understandable way. For example, an accident reconstruction expert might help prove exactly how an accident happened. Expert witness testimony can also help establish liability for your damages and help make a compelling case to show the extent of the pain and suffering your ordeal caused.
After your Los Angeles personal injury lawyer has assisted you with proving liability for your injury, the next step of your recovery efforts will be proving the full range of negative effects the defendant’s actions have had on your life. California law allows the plaintiff in a personal injury case to hold a defendant accountable for any economic losses the defendant inflicted with their negligence or illegal misconduct. Your legal team can potentially help you secure compensation for:
Once you accurately calculate the scope of economic damages you can seek from the defendant, you might be surprised to discover that your claim is worth considerably more than you expected initially. When you hire Heimanson & Wolf, LLP, to represent your personal injury claim in Los Angeles, our goal is maximum client recovery in the most efficient manner possible. We can thoroughly examine the effects of your injury to ensure we include all claimable economic damages in your civil suit. However, your recovery will not end with your economic damages.
The state’s personal injury laws enable a plaintiff to seek recompense for the non-economic losses they suffered from a defendant’s actions, specifically pain and suffering. It might seem difficult to assign monetary value to intangible losses like these, but there are several ways that a Los Angeles personal injury attorney might calculate appropriate pain and suffering recompense for their client.
Typically, the two most important factors when it comes to determining pain and suffering compensation are the overall severity of the victim’s injuries and the scope of long-term or permanent effects those injuries are likely to have on the victim. A plaintiff anticipated to make a full recovery in the near future will likely receive less pain and suffering compensation than a plaintiff left permanently disabled by their experience.
An attorney may use the per diem method to calculate pain and suffering for a client expected to make a full recovery. This entails a set amount of compensation for each day the victim spends recovering from their injuries until they reach maximum medical improvement. Alternatively, if the plaintiff experienced a life-changing personal injury, their attorney may instead seek a large lump sum, calculated by multiplying their total economic damages by a factor of one to five. State law only places a cap on pain and suffering compensation in medical malpractice cases. As long as your claim falls outside the realm of medical malpractice, there is no limit to how much you can seek from the defendant.
Once you have proven fault for your personal injury and shown the full extent of the damages you suffered, you are ready to submit your complaint to the local court. You must do this within the applicable statute of limitations, which is usually two years from the date an injury occurs. After you submit your complaint, your case can either proceed to settlement negotiations with the defendant or a trial. If the defendant is clearly to blame for your damages, they are likely to aim for settlement. This process will allow both parties to reach a result faster than litigation, saving time and money. They also have more influence over the final outcome of the case, whereas if they litigate, the judge has the final say.
If the defendant denies liability for the personal injury, disputes the damages sought by the plaintiff, or if settlement negotiations fail for any reason, the case will need to be resolved in court. Litigation is a time-consuming process and provides no real advantage to either party. When a personal injury case is resolved through litigation, the judge hearing the case will examine evidence and testimony provided by both parties and deliver a ruling. They will decide whether the defendant is liable for the damages sought by the plaintiff and award compensation at their discretion.
When a personal injury results from illegal misconduct, it can complicate the victim’s path to recovery. The state will open a criminal case against the defendant, and it is possible for the victim of their actions to be called to testify as a witness. The victim will still have the right to file a separate personal injury claim against the defendant, and it is important to understand that these two cases are entirely separate. For example, it is possible for the defendant to be found not guilty of a criminal offense but still found liable for the victim’s damages in a civil case. It is also possible for the judge handling the sentencing to award the victim punitive damages or restitution to account for the illegal nature of the defendant’s behavior.
When you hire Heimanson & Wolf, LLP, as your legal counsel, we will seek to settle your personal injury claim if possible to shorten the time it takes you to recover from your damages, but our team is ready to represent you in court if necessary. In Los Angeles, CA we can also provide the guidance you need if the defendant who injured you is criminally charged, helping you to understand how the criminal case could impact your overall recovery. Our firm has years of experience guiding clients through some of the most challenging civil suits, and we are ready to leverage this experience on your behalf in your impending personal injury claim.
The right attorney can have a tremendous influence on your overall experience with your claim and the final outcome. Instead of trying to meet demanding court filing deadlines and other procedural requirements while also managing your medical needs, your attorney can handle case proceedings on your behalf so you can focus on your recovery. This can not only improve the quality of your claim but also prevent you from making unintentional errors that delay your recovery or, worse, jeopardize your claim entirely.
Heimanson & Wolf, LLP, will work closely with you through each stage of your case, from the initial process of gathering evidence, testimony, and documentation you will need to file your civil suit to submitting the complaint to the court and resolving any preliminary issues that arise. If you have the option of filing an insurance claim prior to your personal injury suit, we can handle all correspondence with the insurance company on your behalf to ensure they process your claim in good faith.
When it comes to your personal injury case, our goal is to help you recover as fully as possible in the most efficient manner possible. Most personal injury claims filed in Los Angeles,CA end at the settlement negotiation table, and we will aim for maximum recovery in a streamlined negotiation process. If, for any reason, we cannot settle your claim with the defendant, we can prepare you for litigation and help you make the most compelling case possible before the judge.
Every personal injury plaintiff in Los Angeles will have different opportunities to recover and face different challenges as they seek accountability for the harm they’ve suffered. The right Los Angeles personal injury attorney can make an incredible difference in the case award you secure, and our firm is confident in our ability to maximize your compensation. Heimanson & Wolf, LLP, provides client-focused legal counsel in every personal injury case we accept, taking time to learn as much as possible about our client’s situation to ensure we provide the most comprehensive legal counsel we can.
If you plan to file a personal injury claim against any other party in Los Angeles, you must do so within the statute of limitations, or time limit for filing your case. Under the state’s personal injury laws, the statute of limitations is two years, and this time limit begins on the date an injury occurs. However, if the cause of a personal injury can’t be immediately identified or if the injury does not immediately manifest noticeable effects, then the statute of limitations may pause until the date of discovery.
When you have an experienced Los Angeles personal injury lawyer representing you and a defendant’s liability is clear, it may only take a few weeks for your claim to be resolved through private settlement. However, the settlement negotiation process requires both the plaintiff and the defendant to be willing to compromise. If settlement attempts prove fruitless, the case will need to go to court. If you must resolve a personal injury case through litigation, it will take much longer to resolve, and the judge has the final say on every aspect of the final outcome.
If you contributed to causing your personal injury in Los Angeles,CA, it will not negate your right to seek compensation from the defendant. However, you will lose some of your case award to account for your shared fault. The state upholds the pure comparative negligence rule, so whatever percentage of fault a plaintiff holds for causing their personal injury will be deducted as a penalty from their case award. For example, if you are found 20% at fault, you lose 20% of the total damages claimed from the defendant.
The average personal injury plaintiff is likely able to identify immediately recognizable damages they can include in their claim, such as their medical expenses and lost income for the time they were unable to work as they recovered from their injury. However, state law grants them to right to seek compensation for anticipated future damages and their pain and suffering, and calculating these damages can be very difficult without an attorney’s help. Your Los Angeles personal injury attorney can not only uncover damages you may not have known you could claim but also help maximize all aspects of your final case award.
The majority of personal injury attorneys representing clients in the Los Angeles area operate on a contingency fee basis. This means the client does not pay legal fees unless their attorney wins their case. Additionally, the client only parts with a percentage of their final case award, and they owe nothing if the attorney is unable to win compensation on their behalf. A contingency fee agreement allows you to approach your case with peace of mind, knowing that your legal fees will not amount to more than you recover in compensation from the defendant.
The attorneys at Heimanson & Wolf, LLP, have earned a strong professional reputation in Los Angeles as a leading choice for personal injury counsel. We take time to learn as much as we can about each individual client’s unique needs, concerns, and goals for their case. When you hire our firm to represent you in a personal injury case, you will have a responsive legal advocate readily available through all stages of your recovery efforts. The sooner you reach out to our team, the sooner we can begin guiding you through the difficult legal proceedings ahead of you. Contact Heimanson & Wolf, LLP, today to schedule your consultation with a Los Angeles personal injury attorney and start working toward your recovery.