Though sometimes unavoidable accidents happen, they are often the result of someone’s negligence. If you ever become the victim of a personal injury, having a lawyer by your side can be one of the most effective routes to receiving the compensation that you deserve. Attorneys know the law and can effectively fight for you. Each state has its own laws, and they are constantly changing. Through diligence and consideration, you can discover how to find the best personal injury lawyer in Los Angeles.
California Personal Injury Law
Personal injury in California arises when one party is negligent in their conduct, and it results in the injury or harm of another person. Examples of this include car accidents and medical malpractice. When it comes to personal injury, each state has its own laws, so it’s important that your attorney is well-versed in the applicable regulations of your state.
In California, personal injury claims have a statute of limitations of two years. This means you have two years from the date of the incident to file the claim against the at-fault party. If you miss this deadline, the court will almost always refuse the case, meaning you have no means to recover any damages.
There are, however, some instances where the statute of limitations can be extended. This deadline does not apply to insurance claims and only applies to cases brought to court.
California is a comparative negligence state. This means that if you were partially at fault for the accident or incident, you would receive compensation for your claim minus the percentage that you were at fault. For example, someone ran a stop sign and hit your car, so you filed a claim for $10,000 for the resulting damages. It was determined that you were speeding, which affected your ability to prevent the accident, so the court decided you were 20% at fault. You would be awarded $8,000 since you would lose the ability to recover 20% of $10,000 ($2,000).
What a Los Angeles Personal Injury Lawyer Does
A personal injury lawyer is beneficial for all personal injury claims, both those that settle outside of court and those that proceed to trial. If a case settles out of court, a lawyer ensures the other party does not take advantage of you and negotiates for you to achieve the greatest result. If the case goes to trial, a lawyer can make sure your case is presented fully and correctly.
The first thing your lawyer will likely do is perform their own investigation to get all relevant information about the case. Two of the main things they will seek to gather information on are the extent of your injuries and who was at fault (and how much). This information is acquired by gathering medical bills, medical treatment reports, police reports, eyewitness accounts, photographs, video footage, and other official reports.
Next, they will make a demand to the opposing party’s insurer. For example, if you were injured in a car accident, this would be their car insurance company. A demand letter is a written request to settle a claim outside of a court. If the insurer responds with an offer, your attorney will review it with you and make recommendations on how to proceed. If an offer that you are not willing to accept is presented, your attorney can send a counteroffer to the insurer or file a claim with the court.
If the case goes to litigation, your lawyer will take care of each step of this process and communicate all updates to you. Your lawyer will also make arrangements for you to pick up your money, whether it is through damages awarded from the court case or a settlement agreement reached outside of court.
How to Find A Los Angeles Personal Injury Lawyer for You
When deciding on a personal injury lawyer, the first thing you will want to do is make sure the lawyer has knowledge and background in personal injury cases. A lawyer can have extensive knowledge of one area of the law and have very little in another.
Doing research on different lawyers is a great way to get information. Some people find lawyers through referrals from friends and family. Others talk to lawyers they already know for a referral. Another way to gather information is to research online through reputable websites and state bar associations.
Next, you will want to look at an attorney’s history, such as how long they have been in practice and what percentage of their cases involve personal injuries. You will also want to consider your ability to communicate with your lawyer and how they will approach your case in seeking a settlement.
FAQs
Q: What Percentage Do Most Personal Injury Lawyers Take in California?
A: In California, most personal injury lawyers take between 33% and 40% of the settlement they win. These are typically cases based on a contingency fee. With contingency fees, lawyers do not take any payment from the client unless they receive a settlement. Their fee will be a predetermined percentage of the settlement.
Q: How Long Does it Take to Settle a Personal Injury Case in California?
A: The average time it takes to settle a personal injury case in California ranges between three and twelve months. However, there are numerous factors that could prolong the process. These include the severity of injuries, how complex the case is, and insurance company hindrances. All these factors could potentially delay the process.
Q: How Long Does a Personal Injury Lawsuit Take in California?
A: A personal injury claim could take anywhere from a few months to a few years. It is recommended to discuss with your attorney how long your case may take. There are many factors that go into resolving a personal injury case. These variables all contribute to the length of a case. Typically speaking, the more complex a case is, the longer it will likely take.
Q: Do I Have to Pay Taxes on a Personal Injury Settlement in California?
A: Generally speaking, personal injury settlements are not taxed in full in California. There are certain parts that may be taxed, such as lost wages, since wages are taxed in normal circumstances. There may be exceptions to this rule under certain circumstances. Talk with your lawyer to learn more about exactly what parts of your settlement may be subject to taxation.
Contact a Los Angeles Personal Injury Lawyer Today
If you have been the victim of a personal injury, Easton & Easton may be able to help. We will fight for your rights and seek the compensation you deserve. Contact us today for more information.
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