The Basics of Personal Injury

There are a wide variety of different situations where personal injury rules apply:

Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.

Intentional Acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. Examples of this include assault and battery, and other intentional torts.

Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.  Examples of this include certain types of product liability claims arising from a defective product.

Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.

Who Makes Personal Injury Laws?

Many personal injury laws date back to old “common law rules.” Common law refers to law made by judges, as opposed to laws made by legislatures or passed in bills and statutes.

When a judge hears and decides a case, his decision on that issue of law becomes binding precedent on all other courts in the state that are “lower” than the deciding judge’s court. These other courts then have to apply what the first judge said, and eventually, all of this binding precedent creates a body of “common law.”

Common law can and does differ from state to state, so the rules for personal injury law may not be uniform across the country. Much of the common law has been collected into something called the Restatement of Torts, which is sort of a guidebook that explains what the rules are, and a lot of states draw guidance from this on personal injury matters.

Common law is not the only source of personal injury law. Some legislatures have passed formal legislation or statutory law that touches on personal injury issues. For example, when legislatures passed worker’s compensation laws, they essentially took all cases of work-related injuries outside of the realm of personal injury and made workers’ compensation the exclusive remedy for injured workers (in most cases precluding injury-related lawsuits against employers).

Another state law that comes into play in injury cases is the statute of limitations, which sets a limit on the amount of time you have to file an injury-related lawsuit in your state’s civil court system. (See Time Limits to File a Personal Injury Lawsuit).

How Does a Personal Injury Case Work?

No two accidents are exactly the same, so no two personal injury cases will follow the same path. But there are some standard steps that most personal injury cases share, from a big picture standpoint.

Defendant Does Something to Injure Plaintiff. This can be almost any bad act on the part of the defendant, with the exception of contractual breaches, which are handled under a separate body of law known as “contract law.”

Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with with the level of care that any reasonable person would exhibit while on the road. Doctors have a duty to provide medical care with a level of competence that a reasonably skilled health care professional would use under similar circumstances. Manufacturers and distributors have a duty not to put defective or unreasonably dangerous products on the market.

Settlement Talks Occur. If it is clear to all involved that the defendant breached a legal duty, then the defendant (or the insurance company representing him or her) may wish to settle outside of court. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury.

If a plaintiff agrees to a settlement, the case ends. If not, the plaintiff may go to court and file a personal injury lawsuit over the matter. Settlement negotiations can also continue once the lawsuit is filed, and a settlement can be reached at any time prior to the civil case being handed over the jury for a finding as to the defendant’s liability.”

By David Goguen, J.D.

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Settlement Factors for Damaged Vehicles

If your claim only involves damage to your car, your settlement compensation will generally be the cost of repairs or replacement of the damaged item. For example, if only your bumper is damaged, then your settlement compensation will be the reasonable cost to have the bumper repaired or replaced. The exception to this general rule is when the replacement or repair cost exceeds the value of the car. In this situation, the insurance company may decide that your vehicle is a “total loss” and pay you for the loss of the vehicle. Unfortunately, the replacement cost is usually based on depreciation and not the cost of a new vehicle. This means the amount you receive will probably not be enough to purchase a replacement vehicle.

Settlement Factors for Injuries

If you have been injured in an auto accident, the personal injury portion of your case is negotiated separately from your property damage. For example, if you had a bone fracture, you would receive additional settlement compensation as compared to an accident where an injury did not occur. The compensation you receive from the insurance company will be determined by your total medical bills, documented wage loss and the nature and extent of your injuries as documented in the medical reports. The medical reports will strongly influence the amount of compensation you receive for pain and suffering.

Settlement for Pain and Suffering

Pain and suffering is an amount in addition to your medical bills to compensate you for your past and future discomfort associated with your injury. You need to complete your medical treatment and be released by the doctor or be declared “permanent and stationary” by the doctor prior to submitting your personal injury claim to the insurance company. Permanent and stationary means you have reached a point in treatment where no further improvement is anticipated.

Alternatively, if your doctor anticipates future treatment, your settlement should include an estimate, discounted to present value, to compensate you for future medical treatment. Other factors will influence the amount of your settlement. For example, if you have a scar from the accident, permanent disfigurement can result in additional compensation. Generally, the more serious injury will result in a higher settlement compensation. If you have residual problems, such as pain after completing your medical treatment, that factor would also warrant additional compensation. Before you accept a settlement offer, consult with an attorney who specializes in personal injury law so that you do no waive your settlement options regarding future medical care.

Keep in mind that you only receive one settlement or award from the insurance company. Submitting and settling your claim before all treatment has been completed waives your right to any future compensation. After you have agreed to a settlement, you can’t go to the insurance company later and request more money.

Insurance Policies, Policy Limits and Settlements

Even though the nature of the damage or injury will influence the amount of your settlement, a major controlling factor is policy limits. The policy limit is a cap set by a contractual agreement between the insurance company and the insured. An insurance company will not pay more than this cap. For example, you are injured in an auto accident and the other party was at fault. You file a claim and discover that even though they had insurance coverage, it had a policy limit of $20,000.00. Even if you verify and confirm that your total damages are $30,000.00, the other person’s insurance company will not pay you more than $20,000.00. If you still want compensation for your additional $10,000.00, you will have to hire a private attorney to sue the other driver individually for the remaining $10,000.00. Or, if you have under-insured motorist coverage, you can file a claim for the balance on your policy.

If the other party had no insurance coverage, your options are similar. You can hire a person to sue the other driver individually. Or, if you personal policy includes uninsured motorist coverage, you could file an uninsured motorist claim with your insurance company. Uninsured and under-insured coverage are usually addendums, or added products, to your basic insurance package where your company agrees to cover your expenses if you are hit by a motorist who does not have coverage or has insufficient coverage to make you whole.

Even if your claim is not capped by a policy limit, an insurance company may offer to pay less than policy limits because they feel that your injury doesn’t warrant a higher amount of compensation. If you are dissatisfied with a settlement offer from the insurance company, you can file a lawsuit against the other driver for negligence. Your lawsuit must be filed prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. The fact that you are still in the process of trying to settle your claim will not extend a statute of limitations. If you feel like a settlement offer is not fair and you are getting close to your deadline to file a lawsuit, talk to a personal injury attorney about filing the appropriate petitions to preserve all of your legal options.”

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Distractions

While talking or texting on a cell phone or driving your friends around are tempting, they’re dangerous distractions because they take your focus off the road. Only use a cell phone in the car in case of an emergency. Even then, be sure to pull over to make a call or text . For the first year of driving, do not carry peer passengers. After you’ve gained enough experience behind the wheel, talk to your parents about driving your friends. And then talk to your friends about how they can help reduce distractions when they are in your car.

Speeding

Always follow the posted speed limit. It’s in place to help you stay in control of the car. Going any faster is hazardous, especially for new drivers. Speed limits are set based on ideal conditions. So if you are driving at night, in bad weather, or in high traffic volume, you’ll likely need to drive below the speed limit. If you are learning to drive, speed management is crucial to master in a variety of environments. Watch these videos for tips on learning this skill:

• Speed Management: Residential Roads

• Speed Management: Intermediate Roads

• Speed Management: Commercial Roads

• Speed Management: Highways

• Speed Management: Country Roads

Driving At Night

All drivers need to slow down and be more cautious at night. But experienced drivers are able to anticipate and avoid hazards more quickly than new drivers. With practice and time, you will become a better nighttime driver. Until then, be sure to log plenty of practice hours with an adult before driving alone, and then stick to familiar driving routes before venturing out on unfamiliar roads. Watch this video for tips on driving at night:

• Additional Challenges: Driving At Night

Seat Belt Use

Make sure you buckle up every time you get into the car, as a driver and a passenger. Crashes can happen any time, anywhere. Whether you’re going around the corner or practice driving on the highway, your seat belt should always be on. The same for your passengers.

The best way to protect yourself behind the wheel?  Gain experience. Understand that restrictions set by your parents and Graduated Driver Licensing (GDL) laws  in your state are designed to get you the experience you need to be a safe driver. Following these rules, logging supervised miles on the road, and staying in control of your car and your passengers will help prevent you from crashing. “

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Attorneys for Christopher Armstrong-Stevenson, who was 84 at the time of the accident, argued to the jury that the Safeway chain that owns the store needed to be sent a message about the need to take customer safety more seriously. They also contended that the company engaged evasive tactics, including failing to preserve video surveillance footage despite a request to do so, reports the Oregonian.

“No matter what the company, if someone gets hurt in your business, you have to investigate,” juror Jessica Lewis told the newspaper. “We didn’t see anything set up after the fact to say, ‘Hey, we learned our lesson. Here’s what happened, and here’s how we changed to make things better.’ “

Armstrong-Stevenson was represented in the case by attorneys Greg and Jason Kafoury.

Armstrong-Stevenson, who broke his femur in the fall, says ongoing problems with the leg he broke prevent him from engaging in his standard activities. Those included weeding his garden, holding his great-grandchildren and riding in an airplane to see his family. He anticipates needing to sell his home due to his instability on its stairs, the newspaper reports.

Counsel for Safeway had argued that a $132,000 payment to the plaintiff was fair. Safeway contended that the plaintiff was simply suffering from problems of advancing old age, and said that that he couldn’t really believe the store in St. Helens was dangerous or he wouldn’t have shopped there more than 100 times in the past year.

“These people trying to get money will do anything,” said defense lawyer Richard Lee in closing arguments.

The $132,000 award that Safeway sought included $82,000 in medical and therapy expenses and $50,000 for pain and suffering.

The jury in the Multnomah County Circuit Court case awarded $102,000 in medical and therapy expenses, $525,000 for pain and suffering and $1 million in punitive damages.

Under state law, 70 percent of a punitive damages award goes to a crime victims’ compensation fund and courthouse building improvements, the article notes.

There’s no word about whether Safeway plans to appeal the verdict.”

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The Law Offices Of Raymond Perez

Attorney Raymond Perez has over 25+ years of experience. After many years of experience in Auto Accident Law, Attorney Perez knows how to effectively protect your  rights with efficiency and accuracy, resulting in required Medical Attention, Automobile Repair, and a Monetary Compensation. The Law Offices of Raymond Perez believe in treating our clients with care and respect, that have resulted in many years of success with client’s economic achievements. When you work with Law Offices of Raymond Perez, you’ll get the benefit of:

• Extensive Auto Accident Experience

• Convenient Office Hours

• No Upfront Fees

• Friendly Staff

• Available 24/7

  Call us today! (562) 746-0037

Our Staff

Our friendly staff will attentively listen to your needs with free consultations. We provide  auto accident information that is needed to receive maximum compensation and begin your road to a stress free life. For your convenience, our staff will go to your location to get started with the Auto Accident process. Our friendly staff is bilingual & have extensive knowledge with up to date information with continuous laws that will be more than happy to answer all of your questions!

Appointments Available After Regular Business Hours Upon Request

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Call immediately at (562) 746-0037. We are available 24 hours a day, and we will come to you — whether you’d like to meet at your home, work, or hospital bed. There are absolutely NO UPFRONT FEES, and we do not collect a fee unless we win your case!

You don’t have to face these challenging times alone. Get the peace of mind that you deserve having a skilled Los Angeles and Orange County Car Accident Lawyer. The Law Offices of Raymond Perez will be with you every step of the way.

VERY IMPORTANT, you shouldn’t apologize for anything at the scene. For example, if you say, “I’m so sorry I ran that red light! Is everyone okay?” you may be admitting legal liability for what happened. Immediately after an accident, it might not be clear who was at fault or more at fault. Moreover, in many states, fault isn’t determinate of which insurer will pay for any loss. Therefore, try not to admit guilt unintentionally or unnecessarily.

WHAT HAPPENS AFTER AN ACCIDENT?

    When it happens, injuries may be severe and emotions are high. However, there are important things to do at the scene of the accident and soon afterward. Below is a list of things to do after an accident, if possible.

• Stay at the Scene

• Check on All Drivers and Passengers

• Call the Police

• Exchange Information

• Take Pictures

• Talk to Witnesses

• Inform Your Insurance Company

• Keep Track of Your Medical Treatment

• Get a Property Damage Valuation

• Use Caution in Discussing the Incident

• Be Wary of Early Settlement Offers

• Consider Hiring an Attorney

    After a life-altering accident, you need a knowledgeable attorney to negotiate with the insurance companies, handle all the legal paperwork, and ensure that you are fully compensated for your injuries, medical bills, and emotional distress. Additionally, the Law Offices of Raymond Perez can help you secure cash advances, repair or replace your damaged vehicle, and get doctor referrals.If anyone was injured in the accident, it’s best to consult an experienced attorney. An attorney can help you MAXIMIZE your recovery if you’re injured or better defend yourself if you’re at fault.

WHY CHOOSE THE LAW OFFICES OF RAYMOND PEREZ?

    It is extremely important to choose the right law firm to represent you. Insurance companies will generally try to minimize your claim or deny it altogether. You need an attorney who will fight to secure the maximum MONETARY COMPENSATION for your losses. This includes your physical and emotional injuries, as well as any damage to your personal property. Many accident attorneys work on a contingency fee basis. That means that your lawyer only receives a fee if you’re awarded damages or receive a settlement. “IF YOU DON’T WIN, YOU DON’T PAY” is our motto here at the Law Offices of Raymond Perez and we firmly believe abide by that statement. 

Contact our law office with a free claim review with an experienced attorney! The skilled Los Angeles and Orange County Auto Accident Lawyers at the Law Offices of Raymond Perez have over 25+ years of experience representing vehicle accident victims with a 90% SUCCESS RATE from all over Southern California.

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