WHAT SHOULD I DO IF I AM INJURED IN AN ACCIDENT?
Immediately following an accident, you may be unable to move if you’ve suffered serious injuries. If you’re able to, however, there are a number of steps you should attempt to take to protect your health (and your personal injury case):
Remain Calm—Take some time to compose yourself before following the rest of these steps.
Get to Safety—If necessary, get away from any hazardous materials or damaged structures. If you’ve been injured in a motor vehicle accident, move both yourself and your vehicle away from any hazards and outside of the flow of traffic.
Check for Injuries—Before calling the police, check everyone involved in the accident for injuries and determine if emergency medical services are required. And even if you feel fine after the accident, see a doctor as soon as possible—minor injuries can quickly snowball into expensive long-term medical care.
Call the Police—Ask the responding officers to create an official police report. Although these reports are sometimes inaccurate, a police report is often your best resource for establishing the other party’s liability in the incident.
Document the Accident—Exchange insurance and contact information with the other parties involved in the accident. Once you’ve done that, take photos of the accident scene, your injuries, and any other damages you may have suffered. Record information such as the time, location, and damage to your property. Finally, if there are any witnesses to your accident, exchange contact information with them now to get a written statement from them later.
DON’T ADMIT FAULT—Even a simple “sorry” can completely torpedo your personal injury case. Don’t apologize or admit fault for the accident, and avoid rehashing the details with anyone else. Give the police clear and concise details about the incident, then call Wilshire Law Firm to get the absolute best result for your case.
Contact a Personal Injury Lawyer—The next phone call you should make is to the expert attorneys at Wilshire Law Firm. Utilizing proven legal strategies that get results, our lawyers can help you navigate the legal landscape to a successful settlement. See more details in our guide.
WHO CAN I SUE FOR MY INJURIES?
Determining who is responsible for your injuries is a vital factor in your case’s success. Many personal injury claims allege that multiple parties are responsible for a victim’s injuries. An expert attorney will have the resources to thoroughly investigate your accident and discover all of the parties responsible for your injuries.
If you or someone you know has been injured, any of the following may be liable for your personal injury:
- Negligent drivers
- Vehicle owners
- Employers
- Product designers or manufacturers
- Premises owners
- Public entities
- Repair Services
Even if you were partially at fault for your injuries, you could still obtain compensation. The state of California utilizes Comparative Fault rules, meaning victims can recover a percentage of damages even if they’re partially liable for an accident (e.g., if you were 40% at fault, you could still recover 60% of the damages).
That’s great news! The smaller your role in the accident, the BIGGER your settlement amount is likely to be. For example, let’s say that you suffered $100,000 in damages and are 20 percent liable for the accident. That means you’ll have to reduce that $100,000 by 20 percent (your role in the accident) to determine your actual recoverable damages—in this case, $80,000.
Injured by a semi truck driver? There may be several parties liable for your injuries.
HOW MUCH IS MY CASE WORTH? WHAT DAMAGES ARE RECOVERABLE?
If you attempt to navigate the claims process by yourself, the insurance company will likely undervalue your injuries, your pain, and your suffering. You need a law firm in your corner that’s not afraid to fight back. A thorough investigation by Wilshire Law Firm’s lawyers, legal professionals, and other experts will help personal injury victims gather evidence and prove the damages that they and their families have suffered.
Depending on the circumstances of your case, you may be able to recover the following damages:
- Specific Damages—Past and future medical bills, lost wages, lost earning potential, necessary repair and replacement services, home and vehicle modifications, etc.
- General Damages—Physical pain and suffering, loss of consortium, emotional distress
Determining the value of any personal injury case can be a difficult task. Issues of liability, the injuries suffered, and the individual circumstances of accident claims vary widely from case to case—it takes an experienced personal injury lawyer to accurately assess the value of your claim. With more than $1 BILLION recovered for our clients since 2007, the personal injury attorneys at Wilshire Law Firm have a proven track record of getting accident victims the compensation they deserve.
HOW DO I PROVE MY CASE?
The most common form of liability that a personal injury lawyer will invoke is Negligence.
To establish that the defendant(s) was liable, you must show the following to the court:
- The defendant owed you a legal duty of care to avoid causing others to suffer harm
- The defendant breached that duty of care
- You suffered harm as a result of the defendant’s conduct
In certain instances, a more stringent legal standard referred to as Strict Liability is applied. Cases invoking strict liability generally involve a dangerous or defective product. The three major product liability defects are as follows: Design Defects, Manufacturing Defects, and Marketing Defects. Anyone along the chain of production can potentially be found liable for injuries caused by a dangerous or defective product—manufacturers, marketers, shipping companies, retailers, and more.
Liability is often shared between several parties following industrial accidents.
How Long Does It Take to get a Settlement?
The simple answer to the question “How long does it take to get a settlement?” is that there is no simple answer. Generally speaking, the more extensive your damages, the longer your case is going to take. But some defendants—and maybe you as well—would prefer to settle their cases quickly, not wanting to risk losing at trial.
However, by settling quickly, you’re likely sacrificing significant compensation that you are legally entitled to. To get the absolute best result with your case, it’s best to “settle” in for the long haul. Building a good case can take time, but the resulting settlements are well worth it—just take a look at some of Wilshire Law Firm’s exceptional legal results.
WHAT IS THE STATUE OF LIMITATIONS FOR FILING A CLAIM?
If you’ve been injured due to another party’s negligence, you have the right under California law to recover the damages you have suffered. In general, the statute of limitations for most cases expires two years from the date of your accident. However, there are many complicated factors that can alter the time you have to file your claim.
If, for example, your injuries were caused by a public entity—say, a Los Angeles city bus driver—you may have as few as 180 days to file your personal injury claim. That’s why personal injury victims should reach out to Wilshire Law Firm immediately after their accident—if the respective statute of limitations has passed, you will be unable to file a lawsuit and recover compensation for the damages you have suffered.
Our award-winning team of more than 35 attorneys and over 200 team members can see your case through from start to finish, expertly building your case and allowing you to focus on healing while we fight for the financial compensation you deserve. Since 2007, what Wilshire Law Firm has fought for isn’t just dollars and cents, it’s valuable human beings.
Discover the legal experience you deserve—call Wilshire Law Firm today at (855) 591-8166, or fill out our online contact form, and get started with your FREE case consultation.
TYPES OF PERSONAL INJURY CASES
Only Wilshire Law Firm has the right combination of experience, talent, and resources to get personal injury victims the compensation they deserve. We have successfully represented thousands of seriously injured victims since 2007, recovering more than $1 BILLION along the way.
Our expert attorneys specialize in handling the following personal injury cases:
- Catastrophic Injury
- Wrongful Death
- Workplace Accident
- Slip and Fall Accident
- Construction Accident
- Premises Liability
- Product Liability
- Battery Explosion
- Swimming Pool Accident
- Amputation
- Back Injury
- Birth Injury
- Brain Injury
- Broken Bone(s)
- Burn Injury
- Child Injury
- Dog Bite/Animal Attack
- Head Injury
- Laceration Injury
- Neck Injury
- Orthopedic Injury
- Paraplegia / Quadriplegia Injury
- Spinal Cord Injury
- Whiplash Injury
- Sexual Abuse
- Sexual Assault
- Food Poisoning
Unfortunately, motor vehicles, motorcycles, and other modes of transportation are often involved in personal injury accidents. The effects of motor vehicle accidents can be devastating—fortunately, the experienced attorneys at Wilshire Law Firm can handle even the most complex personal injury litigation.
As one of California’s top personal injury law firms, Wilshire Law Firm represents clients in the following types of motor vehicle accident cases:
- Car Accident
- Motorcycle Accident
- Truck Accident
- Bicycle Accident
- Pedestrian Accident
- Bus Accident
- Commercial Vehicle Accident
- Amusement Park Accident
- Boat Accident
- Cruise Ship Accident
- Plane Accident
- Train Accident
- Uber Accident
When it comes to any personal injury case, victims shouldn’t settle for less. The award-winning lawyers at Wilshire Law Firm understand all of the complexities of California personal injury law and can help you settle your case for more.