Beverly Hills Personal Injury Lawyer
Anytime you or someone you love gets hurt because of another party’s negligence, it is important to find out more about filing a personal injury lawsuit. From claims arising out of car accidents and other types of motor vehicle collisions to catastrophic injuries caused by slips and falls or other premises liability accidents, an experienced Beverly Hills personal injury lawyer at our firm can assist you with your claim.
Learning More About Personal Injury Law and Accidents in Beverly Hills
Accidents and unintentional injuries result in millions of injuries, and thousands of hospitalizations and deaths every year in the United States. While specific causes of preventable injuries vary based on age and circumstances, there are some types of accidents that are leading causes of debilitating and fatal injuries annually. The following are facts and figures about unintentional injuries and accidents reported by the U.S. Centers for Disease Control and Prevention (CDC):
- More than 200,000 unintentional injury deaths occurred in 2020;
- Falls account for more than 42,000 fatalities;
- Motor vehicle accidents result in more than 40,000 deaths; and
- Drug overdoses or unintentional poisonings are responsible for more than 87,000 fatalities.
Beverly Hills Personal Injury Cases Handled By Our Lawyers
The dedicated personal injury lawyers in Beverly Hills at Fisher & Talwar represent injury victims and their families in many different types of cases. Common examples of personal injury lawsuits our firm handles include:
- Car accidents;
- Slip and fall accidents and premises liability cases, which are lawsuits in which an injured person suffers injuries due to an avoidable hazard on a property owner’s premises that the property owner failed to remedy or warn about, and these types of cases can involve slips and falls, elevator accidents, escalator injuries, construction accidents, and swimming pool injuries.
- Catastrophic injury cases, including claims arising out of dog bites and other serious incidents resulting in debilitating injuries like head trauma or paralysis;
- Defective or dangerous medical devices and pharmaceutical products, such as defective hip implants or recalled prescription drugs; and
- Wrongful death.
Elements of a Personal Injury Claim in Beverly Hills
The specific elements you will need to prove in order to win a personal injury lawsuit in California will depend in part upon the particular type of personal injury and how you sustained it. For example, car accident lawsuits will require plaintiffs to prove slightly different elements than premises liability lawsuits. In general, however, the elements of a personal injury negligence claim include the following:
- Defendant owed the plaintiff a duty of care;
- Defendant breached the duty of care through a negligent act or omission;
- Defendant’s negligence was the cause of the plaintiff’s injury; and
- Plaintiff suffered damages.
Filing Your Beverly Hills Personal Injury Claim On Time
The statute of limitations for most types of personal injury lawsuits in California is two years. Accordingly, most injury victims must file a lawsuit within two years from the date of the injury or risk having a time-barred claim. Yet in some cases involving injuries on government or public property, or cases involving government employees or agencies, the statute of limitations may be only six months from the date of the incident or one year from the date of the incident. To be certain that you file your Beverly Hills personal injury lawsuit on time, you should seek advice from a dedicated Beverly Hills personal injury attorney as soon as possible.
Steps to Take After a Beverly Hills Personal Injury Accident
The specific steps you will need to take after an accident in Beverly Hills will depend in part on the circumstances, including what type of accident resulted in an injury and both how and where the injury occurred. Yet, generally speaking, you should take the following steps to preserve your ability to seek financial compensation for your losses:
- Document the scene where the accident happened, including taking photographs where the injury occurred;
- Gather contact information for any witnesses who saw the accident or injury happen;
- Get medical attention as soon as possible;
- Report the accident to your insurer in the case of an auto accident, but stick to the facts of the collision and avoid offering your commentary or opinion; and
- Seek help from a Beverly Hills personal injury attorney who can assist you with your claim.
Understanding Beverly Hills Comparative Fault
In some personal injury cases, the plaintiff might have concerns that she is partially to blame for the accident, or the defendant might raise the possibility that the plaintiff bears some fault as a defense strategy. Since California is a “pure comparative fault” state, California’s comparative fault law will not bar a plaintiff from recovery even if that plaintiff is partially at fault for the accident or the severity of her injuries. Instead, her damages award will be reduced by the percentage of her fault. It is important to know that other states use different comparative fault models. Some states are known as modified comparative fault or comparative negligence states and bar recovery once a plaintiff is 50 percent or 51 percent at fault. A minority of states are known as pure contributory negligence states and bar recover as soon as a plaintiff is determined to be even 1 percent at fault.
How does comparative fault work in practice in California? If a defendant successfully proves that you are partially at fault, your damages award will be reduced based on that percentage of fault. For example, if you win a $500,000 damages award but are found to be 20 percent at fault, that damages award would be reduced by 20 percent ($500,000 x 20 percent = $100,000), so you would recover $400,000.
Contact Our Beverly Hills Personal Injury Attorneys for Assistance with Your Claim
Were you injured in an accident or incident in Los Angeles County? Or did someone you love suffer a serious or fatal injury in Southern California? One of the experienced Beverly Hills personal injury lawyers at our firm can assess your case for you today. We can provide you with more information about the elements of the personal injury claim you must prove in order to obtain financial compensation, the party or parties who may be liable, the timeline for your case, and any other information you will need. Contact Fisher & Talwar today for more information about the personal injury services we provide to individuals and families in Southern California.