LOS ANGELES PERSONAL INJURY ATTORNEYS

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Types of Personal Injury Cases Our Attorneys Handle in Los Angeles

The dedicated team at Fisher & Talwar routinely represent plaintiffs in various types of personal injury cases. The following are examples of some of the cases we often handle in Los Angeles and surrounding cities:

• Auto accidents
• Bicycle accidents
• Bus accidents
• Construction accidents
• Dog bite cases
• Elevator and escalator accidents
• Motorcycle accidents
• Pedestrian accidents
• Premises liability lawsuits
• Product defects, or product liability lawsuits
• Slip and fall cases
• Swimming pool accidents
• Truck accidents
• Watercraft or boating accidents
• Wrongful death cases

Not sure what to call your case or if we might handle it? Call us and ask.

Common Types of Injuries in Personal Injury Cases

Often, understanding the type of injury you sustained is as important as the cause of the accident. For example, the effects of a traumatic brain injury isn’t always immediately apparent. Knowing that can help ensure you get compensation for the long-term impact of your injury, not just what the injury seems like now. Other times, injuries might seem to be improving, but recovery is likely to plateau in the future. You should work with a lawyer who has helped people with injuries similar to yours so they know to pursue the compensation you will need long-term. Common types of injuries we handle at Fisher & Talwar include, but are not limited to:

• Bone fractures
• Burn injuries
• Disfigurement
• Electric shock or electrical injuries
• Lacerations and cuts
• Organ damage and internal bleeding
• Pain and suffering
• Spinal cord injuries
• Traumatic brain injuries (TBI)

These injuries can require significant medical treatment, including ongoing rehabilitation therapy. In many cases, you may never fully recover from the injuries, leading to a permanent loss of income, a need to make expensive accommodations, and a reduced quality of life. You deserve compensation for all the consequences of injuries caused by another person’s negligence.

Steps to Take Following a Personal Injury

After a personal injury, it’s normal to feel confused and overwhelmed. You might not know how to protect your rights so you can seek compensation for your losses. The specific steps you will need to take will depend on the nature of your injury, including where and how it happened. Generally speaking, however, you will remain eligible to seek compensation by filing a personal injury lawsuit if you:

• Document the scene where the accident occurred: take pictures on your smartphone that capture the scene of the accident along with images that show specific property damage and your injuries.
• Ask for contact information: you will need witnesses to prove your version of events in court. Collect contact information from anyone who might have witnessed your injury so that your attorney can contact them later.
• Have a medical evaluation: see a doctor even if you don’t think you need immediate medical attention. Many kinds of serious injuries, including brain and spinal injuries, may not immediately have obvious signs.
• Report the accident: It’s important to make reports of the accident to relevant parties as soon as possible. For motor vehicle accidents, report them to the police and your insurance company. For a slip and fall accident, contact the property owner and/or their insurance company. Not sure who to contact? A personal injury lawyer can help you identify the right people to inform.
• Get in touch with an experienced attorney to determine the next steps to take in your case and to ensure that you file a lawsuit, if necessary, before the statute of limitations runs out.

Insurance Claims Versus Lawsuits After a Personal Injury

Should you file an insurance claim or a personal injury lawsuit after suffering an injury in an accident or because of another party’s carelessness or recklessness? It depends on the type of accident and the circumstances of your injury.

When personal injuries occur in motor vehicle collisions, the injured person will often get the claims process started by filing an auto insurance claim. A personal injury attorney can handle negotiations with the insurance company and seek the highest possible payout for your case. If an auto insurance settlement doesn’t cover your total losses, you can file a personal injury lawsuit against the parties responsible for the accident.

In cases without clear insurance coverage, a personal injury lawyer can help determine who may be liable for the harm you have experienced so you can seek compensation.

How Liability, Damages, and Comparative Fault Are Determined in Los Angeles & Throughout California

Liability

In order to get compensation for your injuries and related expenses, you must prove that the other person is liable for your injuries. Your case will fall into one of two situations. Either it will be a case of strict liability or negligence.

In strict liability cases, a particular party is always liable in certain situations. All you have to do is show that the situation existed and caused your injuries. Dog bite and product liability injuries are the two most common cases involving strict liability in California. A dog owner is almost always liable when their dog bites someone. Similarly, when a manufacturer designs and manufactures a defective product, they are liable. Retailers can also be liable for selling the product.

However, most personal injury lawsuits are based on negligence. In a negligence claim, you must prove:

• Defendant owed you a duty of care
• Defendant breached the duty of care by behaving in a negligent manner
• Breach of the duty of care was the cause of your injury
• Your injury resulted in damages

If you can’t prove these elements, then you may not be able to get compensation for your injuries. A personal injury lawyer can help you understand what evidence is necessary to prove your case.

Damages

In most personal injury cases, people are seeking “compensatory damages.” The purpose of these damages is to restore your life to where it would have been if the accident hadn’t happened. Often, this isn’t possible, but it’s your lawyer’s job to get damages that can get you as close as possible. According to California law, compensatory damages take two different forms (California Code, Civil Code § 1431.2):

• Economic damages: These are “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities”
• Non-economic damages: These are “subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.”

How your lawyer understands and frames these losses—especially the non-economic losses—can make a big difference in the compensation you receive. That’s why it’s important to choose a personal injury lawyer that you feel really understands your situation. The better they understand it, the better they can communicate it to the responsible party, their insurance company, and, if necessary, a jury.

Courts can also award punitive damages. These don’t compensate you for your losses—they punish the liable party for their dangerous behavior. The goal is to discourage others from acting in a similar way and causing injuries in the future. When a court does award punitive damages, it awards them in addition to compensatory damages.

Comparative Fault

What will happen if the defendant says that you are also partially at fault for the accident or for the seriousness of the injuries you have suffered? California is a “pure comparative fault” state, which means that you can win compensation even if you are partly–even mostly–responsible. However, your compensation will be diminished by how much you were responsible for the accident.

Statute of Limitations for a Personal Injury Lawsuit in California

Under California law, most personal injury lawsuits must be filed within two years from the date of the injury. However, you should get in touch with an attorney as soon as possible because your claim could follow different rules. For example, in cases involving an injury on public property or a claim against a government entity, you often need to file a claim within either six months or one year from the date of the injury.

If you fail to file a lawsuit before the statute of limitations runs out, you will be ineligible to obtain damages in a personal injury lawsuit.

How a Los Angeles Personal Attorney Can Help You

There are many ways in which we can assist you with your case, such as:

• Hiring experts to support your case and to help prove that you are entitled to damages
• Investigating your case to obtain evidence to support your claim
• Handling all aspects of discovery
• Negotiating with the defendant for a reasonable settlement without going to trial
• Providing you with up-to-date information and answering any questions you have about your case
• Offering a free consultation so that you can learn more about your options following an injury
• Applying our experience from previous successful claims to your personal injury claim or lawsuit

What to Expect When Calling an Attorney About a Personal Injury

Is this your first time contacting an attorney? Here is what to expect:

During the Free Initial Consultation

First, the attorney will ask you for a general description of what happened and what type of injuries you or others sustained. Depending on the details provided, the attorney will determine how urgent your matter is and what steps you should take first.

Often, this includes getting medical attention, even if you don’t feel hurt. This will create a complete record that can be used as evidence. The lawyer may give you additional free advice, and you have not formed an attorney/client privilege unless both parties agree on representation. Based on your initial details, the attorney will determine whether you have a case or not, at which point you can choose them to represent you.

It is important that all of your questions and concerns are addressed during your initial phone conversation. Don’t be afraid to ask questions. If you are unsure about what happens next, what the fee arrangement is, or anything at all for that matter, be sure to ask.

After You Agree to Representation

Upon agreement, your attorney will advise you:

• Not to discuss the incident with any other party or representation of that party. If the other party asks you for a statement, your personal injury attorney will give you advice about what to say and may want to be present.
• Seek immediate medical attention for the benefit of your own health and to obtain a complete medical record to be used in your case.
• Recall a detailed description of the situation and write it all down as soon as possible. Your attorney will also take notes on everything you tell them.
• Take photos of the incident site and any injuries sustained
• Preserve evidence such as a broken product that caused injury or shoes you were wearing in a slip and fall incident.

Your attorney will ask you for other details such as witnesses to the incident, your personal contact details, etc.

What happens next will depend on the circumstances of your case. Your lawyer will advise you what to expect next, including whether an in-person meeting is required, and what you should bring to the meeting. An in-person meeting may not be required, but if you want one, your personal injury lawyer will accommodate you. Whether you meet in person or not, you will be given a chance to ask questions or make comments regarding anything that has been discussed.

Serving All Cities in Southern California

Some injured people feel as though they can only hire an attorney near their home or office. Your criteria for hiring an accident lawyer should be based on the qualifications and experience of an attorney rather than the proximity of the attorney’s office to your home. Our Los Angeles personal injury attorneys can work with you no matter where you live. Even though our offices are located in Downtown Los Angeles, we will work with you as long as you reside in the state of California.

From CA-110 southbound take exit towards 6th St/Wilshire Blvd. Continue on 6th St, turn right on S Grand Ave., arrive at 801 S Grand.From CA 110 northbound take the 6th St/9th St exit toward Downtown/ Convention Center/ Figueroa St. Merge onto W 9th St and follow until turning left on S Olive St. Turn left on W 8th St, then left again on S Grand Ave.

Our offices are located 9 minutes from Dodger Stadium, 3 minutes from Staples Center, 3 minutes from LA Live, 5 minutes from Los Angeles City Hall, 3 minutes from Walt Disney Concert Hall, 7 minutes from Union Station, 25 minutes from San Fernando Valley and 20 minutes from San Gabriel Valley.

From Union Station take either Metro Red or Purple line. Go past Civic Center and Pershing Square; get off at 7th Street/Metro Center. Head south on Flower St, or Hope St (depending on which side you come out). Turn left on 8th St.

Parking

We offer free parking to our clients. Park in the structure at 801 South Grand Avenue and ask us to validate your parking.

Some of the Cities We Service: