At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., we get a lot of questions about Los Angeles personal injury lawsuits. We answer some of the most frequently asked questions here, but if you need further information, don't hesitate to call us at (310) 900-0809 to schedule a Free Case Evaluation with the attorney.
What Types of Personal Injury Claims Does The Law Office of Shawn Golshani | Shawn Gol Law, P.C. Handle?
The team at The Law Office of Shawn Golshani | Shawn Gol Law, P.C. in Los Angeles handle a wide range of personal injury and accident cases. This list is representative but not exhaustive of the types of cases we handle.
- Bicycle accidents
- Boating accidents
- Bus accidents
- Dog bites
- Motorcycle accidents
- Pedestrian accidents
- Premise liability
- Truck accidents
- Public transit accidents
- Rideshare accidents
- Train accidents
What's the Difference between a Claim and a Lawsuit?
Many people interchange the words personal injury claim and lawsuit, which can be confusing to a certain extent. All personal injury lawsuits were once claims, but not all personal injury claims become lawsuits.
Claims are usually legal demands for compensation. This means a demand letter can be sent, typically, to an insurance company for payment following an accident. There can be negotiations, an investigation, and more, before a settlement is offered.
Lawsuits, on the other hand, are legal actions. This means the claim is decided in court and involves one party, the plaintiff, suing another party, the defendant, for compensation. Though a settlement can still be negotiated prior to trial, the claim becomes a lawsuit once it enters the court system.
Do I Have to go to Court for a Personal Injury Claim in California?
No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed.
A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial might be a possibility following an accident.
What Types of Damages Could I Receive in California for a Personal Injury Claim?
The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. Economic damages are intended to compensate you for your losses from the accident, such as medical expenses, lost wages, and property damages.
Non-economic damages are intended to compensate you for the pain and suffering experienced during and after the accident and any loss of your ability to enjoy your life. In some cases, you might also be entitled to punitive damages for especially careless or reckless actions of the responsible parties. The amount and specific types of damages available in a personal injury claim vary significantly based on the case's circumstances.
Can I Still Recover Compensation in California if I Contributed to the Injury?
Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault.
In some states, if you are found more than 50 percent at fault or responsible in any percentage, you could be barred from recovering any damages, no matter how significant your damages were following the accident.
What Happens to My Personal Injury Claim if I Have a Pre-Existing Condition?
Pre-existing conditions can play a substantial part in a personal injury case. In general, you are not entitled to compensation for pre-existing injuries that were not affected in the accident. However, you could be entitled to damages if your pre-existing condition was exacerbated or aggravated by the accident.
Proving an exacerbation or aggravation commonly requires determining the severity of the pre-existing condition prior to and following the accident. As such, pre-existing conditions may lead to significant contention from the insurance companies.
I Was in an Accident in Los Angeles, Do I Need a Personal Injury Lawyer?
You are not required to have a personal injury lawyer following an accident; however, a lawyer could help. Sometimes, insurance companies might try to take advantage of unrepresented individuals in the claim process with lower settlement offer.
A California personal injury lawyer understands the value of a case and when an offer is appropriate for the damage and harm caused in an accident.
How Much Will a Personal Injury or Accident Attorney Cost in Los Angeles?
How much a personal injury or accident attorney will cost depends on many factors. If the case settles before entering into litigation, then you can save a lot of costs. If it goes to trial, it can get more costly, especially considering the experts that might need to be involved. The number and types of experts depends on the case itself, the injury, and the defendant(s).
Another important factor determining the costs of a personal injury lawyer is whether the attorney offers legal services on:
- A contingency basis, where you only pay if you win and even then, the fees are usually taken directly out of the settlement or award as opposed to your own pocket
Contact a Personal Injury Attorney in Los Angeles Today
If you or a loved one have been injured in an accident and are considering whether to pursue a claim, you can contact The Law Office of Shawn Golshani | Shawn Gol Law, P.C. to schedule a Free Case Evaluation. Call (310) 900-0809 or fill out our contact form to get started on your road to recovery.