Montebello Personal Injury Attorney
Personal injury is a portion of the law specifically designed to provide relief to anyone who has suffered harm from the negligence or intentional acts of another person. The purpose of personal injury claims is to restore the victim’s quality of life by compensating their medical expenses and suffering for the damages sustained. If you have been injured and would like to explore your options for seeking compensation, a Montebello personal injury lawyer can help.
At Heimanson & Wolf, LLP, we have dedicated our firm to representing the rights of those who face injuries at the hands of other individuals. Our team of experienced personal injury lawyers understands what complexities can arise while seeking compensation, and our successful track record demonstrates our commitment to aggressive advocacy. If you or someone you know has been injured in Montebello, contact us as soon as you can.
What Are the Most Common Injuries Compensated?
There are many variables in a car accident that can lead to a diverse array of injuries sustained. While some accidents only cause minor injuries that can be treated within a few days, others could impose life-long debilitating conditions that completely change the lives of those injured.
Some of the most common injuries compensated in these cases include:
- Whiplash and Neck Injuries When the head jerks forward and backward without warning, whiplash occurs. These injuries are common in rear-end car collisions and can cause the neck muscles and tendons to stretch and tear. If any care is needed to address a neck injury, such as prescription medicine or physical therapy sessions, these unexpected expenses can be recouped by advancing a personal injury claim against the responsible party.
- Broken Bones and Fractures There are many cases of personal injury in which someone could break or fracture their bones, including slip-and-fall accidents, boating accidents, or even car crashes. Broken bones can sometimes be minor fractures that heal quickly, while other incidents may require prolonged rehabilitation for the bones to heal. In the most severe of cases, an individual could become permanently debilitated and require medical assistance for the rest of their life.
- Traumatic Brain Injuries Traumatic brain injuries are often the result of a sudden jolt to the head. These injuries are commonly experienced when someone falls, is injured in a sport, or is involved in a car accident. Some injuries manifest as a mild concussion with temporary symptoms that end quickly and allow the victim to return to work. Other times, severe brain damage can exist and cause long-term cognitive issues that impact an individual’s ability to hold a job or receive an education. Claims involving catastrophic TBIs can be complex, as they require significant medical evidence to prove the extent of the damage and the impact it has had on the victim’s quality of life.
- Spinal Cord Injuries Falling from tall heights or enduring a crushing injury can pose a great risk to your spine. These injuries are catastrophic and are frequently found in personal injury claims involving motorcycle accidents or construction work. In the most extreme cases, an individual could be paralyzed for life and live off long-term disability programs to help compensate for the wages lost from work.A personal injury attorney can serve as a strategic advocate for those suffering from spinal cord injuries to ensure they are able to support themselves now during immediate recovery and well into the future.
- Burn Injuries Burn injuries from a truck accident or a defective product can lead to intense pain, risk of infection, and even the loss of ability to ever perform certain bodily movements again. Treating these burns can take a long period of time, with consistent medical attention, in order to restore the skin’s health. If the burn prevents you from earning a living, even for a short period of time, seek legal counsel to reimburse the loss of wages.
How to Prove Negligence in a Personal Injury Law Case
There are a number of different elements used to demonstrate that an injury was caused by the careless or reckless actions of someone else. The process of proving negligence can be facilitated by collaborating with a personal injury lawyer to ensure no detail is overlooked.
Four main elements to establish include:
- Duty of care: The first item to prove is that the plaintiff was owed a duty of care from the defendant, who you are alleging was responsible for the accident. This duty will vary depending on what type of relationship exists between the plaintiff and defendant.
For example, a driver has the duty to operate their motor vehicle safely to avoid hurting others on the road, just like a property owner has a duty to keep their premises safe for visitors. These are inherited duties of care, meaning they are placed upon individuals who agree to form a relationship or purchase a piece of property.
- Breach of duty: Once there is an established duty of care, the plaintiff must prove that it was breached. They can do so by showing how the defendant failed to act as any other person would deem reasonable in the exact same scenario. For example, store owners could forget to put a “warning wet floor” sign on their floor after mopping, which could lead a customer to fall and sustain injuries.
- Causation: At this point, the plaintiff’s attorney needs to link the proven “breach of duty” to the victim’s injuries. This is an aspect of proving negligence that many people overlook, believing that proving a defendant acted negligently is enough. For example, if a pedestrian becomes injured after being hit by someone driving a vehicle, proof that they were neglecting a traffic signal or were texting while driving would need to be directly linked to the injury.
- Damages: The final element to establish is that the plaintiff suffered physical, emotional, or financial damages. Medical reports are often used to detail physical and emotional damages, such as a specific surgery needed to repair broken bones or therapy sessions necessary for a patient suffering from PTSD related to the incident. Evidence such as bank statements or unpaid bills can help point to financial suffering as a result of personal injury.
Montebello Personal Injury FAQs
Q: How Much Do Personal Injury Lawyers Charge in California?
A: Many personal injury lawyers work on a contingency fee basis in Montebello. This means they collect a certain percentage of a final settlement award to compensate for their services. The percentage can range anywhere from 30% to 40%, but the fee could be even higher for immensely complicated cases that have a significant amount of evidence. Speak with a personal injury attorney about payment structures to avoid any surprise fees in the middle of your case.
Q: How Long Does It Take to Settle a Personal Injury Case in Montebello, California?
A: For simpler cases in which liability is clear and injuries are minor, a compensation package could be awarded within just a few months of litigation. More complicated cases with long-term injuries and disputes over the chain of events that led to an injury could extend this timeline to several years before a resolution is reached. Factors that can lengthen this timeline include how much time is needed for recovery, investigations, and negotiations.
Q: If I’m at Fault for My Injuries in Part, Can I File a Personal Injury Claim?
A: California operates on a comparative negligence rule, which means that residents are able to file a personal injury claim even if partially responsible for an accident. Under this rule, compensation is reduced based on the percentage of fault for which you were responsible. For example, if you are found to be 30% at fault for a car accident, a total compensation package of $100,000 can be reduced by $30,000 to cover your share of the guilt.
Q: How Long Do I Have to File a Personal Injury Lawsuit in Montebello, California?
A: For most personal injury cases, a plaintiff has exactly two years from the date of an incident to begin filing a lawsuit. This restricts anyone from filing for an incident anytime after that deadline, as clouded memories and evidence are generally harder to find after that length of time, and they’re needed to provide accurate details and make decisions. One exception is when there is evidence to suggest an individual did not realize they were injured until after the date of an accident.
Contact Heimanson & Wolf, LLP, Today
If you have suffered damages from a personal injury and need to begin filing to advance a claim, connect with our injury attorneys today at Heimanson & Wolf, LLP. We understand how frightening it can feel to face debilitating expenses, injuries, and pain after a car accident. We ensure our dedication and support to each client to help restore some peace of mind during these difficult times.
For many years, we have served our community as trusted legal advisors. We pride ourselves on earning victims’ compensation for their injuries, and we are prepared to extend the same level of legal care to you. We look forward to learning more about how we can help.