Los Angeles Personal Injury Lawyer Blog

California distinguishes between two types of damages in negligence cases. There is Pain & Suffering Damage, which was discussed in an earlier post, referred to in California Jury Instructions as Non-Economic Damages. There is also another type of damage referred to in the Jury Instructions as Economic Damages. Economic damages can constitute an important part of overall damages. Economic damages includes lost wages, lost earning capacity, future loss of earnings, medical expenses, and other expenses incurred as a direct result of suffering injury caused by the negligence of another.

If you have been injured by the negligence of another, it is wise to keep a record of all economic damages incurred as a result of the injury. Depending on how the expenses are paid for, the record should consist of cancelled checks, credit card statements, invoices for services, receipts for medicine, and itemized billing from healthcare providers including doctors, nurses, rehabilitation therapists, and vocational rehabilitation counselors. Other expenses could include rental car, transportation, household help, medical equipment, deductibles paid, and possibly late fees on outstanding obligations because of loss of income.

Good record keeping means your attorney can properly and accurately present your economic damages to either an insurance claims adjuster or a trier of fact at time of mediation, arbitration or trial. Making claims for economic damages with supporting documentation is fraught with peril. If you are out-of-work because of the injury, the economic loss can be calculated by extrapolating what you were earning before the injury to determining wage loss. Sometimes that wage loss is established by an employer's verification. In cases where the injured person is self-employed, the proof of wage loss becomes more challenging, but still can be accomplished.

To ensure you have the maximum potential to recover your economic damages, keep your records organized from the beginning. If you failed to do that and you are still involved in pursuing damages for an injury suffered as a result of another's negligence, start reconstructing the record as soon as possible. Don't wait until the adversary demands production of the documents. Indeed, your attorney, assuming you have engaged legal counsel, should be instructing you to keep your economic records to document your loss for either settlement or trial.

By keeping a contemporaneous record of economic damages, you will maximize your potential recovery of this aspect of your loss. So, what are you waiting for? Get to work and start organizing your records.

What to do in case of a motor vehicle accident

Knowing what to do if an accident happens is important. Acting wisely can protect your legal rights and also save lives. Listed below are some suggestions to follow if you are involved in a motor vehicle accident:

1) Stop your vehicle as soon as it is safe and legal.

2) Don't flee the scene. Some people panic after an accident and make the mistake of leaving the scene. That is a crime and also could potentially contribute to further injury or death to another person involved in the accident.

3) Get out of the line on-coming traffic.

4) If you are able, warn on-coming traffic with flares or cones. This can prevent other accidents and collisions as well as safeguard you and the others that were in an accident.

5) If anyone is injured, immediately call 911 for police and paramedic assistance.

6) Exchange information with the other people involved in the accident. The information should include names, addresses, phone numbers, model and make of vehicles involved, driver's license numbers, vehicle registration, and insurance information. Be sure to verify the date on the insurance card.

8) Also, if there are witnesses, it is of utmost importance to get their names, addresses, and phone numbers. Also, write down anything any witness says to you. Note the time and location where the statement is made. Note down the description of the witness including how the person is dressed.

9) Don't talk about the accident with the other parties or witnesses or then to gather information. The exception is, of course, you are obligated by law to exchange name, addresses, registration, and insurance information. And, you have an obligation to cooperate with law enforcement. The other exception is to declare any injury you sustained and request for paramedic assistance.

10) People are often dazed after an accident and have a tendency to say "I'm sorry" even if it wasn't their fault. It is a very common occurrence. Be forewarned - don't tell anyone the accident was your fault.

11) If you are hurt, see a health care provider. It is not uncommon for people to suffer injuries that are not immediately realized. Sometimes symptoms don't manifest until hours or even days after the accident. Take care of yourself by having yourself examined by a qualified health care provider.

12) The DMV has forms to report accidents. Go to the DMV or its website, download the forms and mail them in. Keep a copy for your own records.

13) Assuming you have insurance, you should promptly notify your own vehicle insurance company. All insurance contracts require prompt notice of an accident and also require the insured to cooperate with the insurance company.

14) Don't offer to pay anything to anyone involved in the accident. Sometimes people want to try to keep insurance companies out of it for fear their premiums may go up because they were involved in an accident. Avoid this temptation. Failure to notify your insurance could jeopardize coverage. Furthermore, sometimes people think they are okay or that they are not going to pursue a claim and later things change. Don't try short-cuts. Do it right from the beginning.

15) If possible, take pictures of the people involved in the accident, witnesses, the vehicles, the roadway, and any other things that are relevant to the accident, such as roadway skids, debris, and signs. If in doubt about whether to take a picture of a part of the scene or something else that you think is relevant, just get the picture. You can always set aside unneeded pictures, but you may regret not taking a picture of something that later turns out to be important.

16) It is wise to consult with a personal injury lawyer to discuss the accident and learn your rights and liabilities. Generally, personal injury attorneys work on a contingency fee basis and will offer a free consultation.

Abel Law Offices personal injury attorneys represent personal injury victims throughout Southern California including Orange, Los Angeles, and Ventura Counties. Los Angeles, California is one of the largest metropolitan areas in the world; and, Los Angeles has its fair share of people who sustain personal injury by the negligence of another. There are common questions asked by those who been injured by the negligence of another. This post is the first in a series of posts that will address common questions asked.

Q. What does pain and suffering damages mean?

A. California has divided damages into two types - economic and non-economic. Economic damages covers out-of-pocket expenses such as medical expenses incurred for treatment and prescriptions and also lost wages. The other type of damage that may be recovered is non-economic damage. Non-economic damage includes pain and suffering experienced by the injured person.

Pain and suffering refers to the injured person's physical and emotional injuries. Pain can be physical or mental. Emotional injuries include such common emotions such as anger, frustration, humiliation, irritability, anxiety, fear, and worry.

If a personal injury case goes to trial, and the injured person established liability, then a judge or a jury will evaluate the pain and suffering the injured victim suffered. Once this is evaluated, the judge or the jury will award money to compensate the injured person for his or her pain and suffering.

Personal injury attorneys customarily handle personal injury cases on a contingency fee basis. Contingency fee agreement means that the attorney will get paid a percentage of the gross or net recovery depending on the terms of the agreement. If there is no recovery, the attorney does not get paid.

This type of fee arrangement makes it possible for an injured person to hire a personal injury lawyer without having to pay attorneys fees as the case is in progress. An obvious benefit is to have the benefit of legal counsel without having to pay for it up-front. But because the personal injury lawyer is assuming a risk that there will be a recovery and also has to wait to get paid, the attorney fees are likely to be more than if a person could pay the fees along the way.

In California contingency fee agreements must be in writing. The percentage of attorney fees is not set by law and is negotiable; however, most personal injury attorneys charge 33.33 % of the gross recovery before a lawsuit is filed and 40% of the gross recovery after a lawsuit is filed. These are the fees commonly charged by Los Angeles personal injury attorneys and also personal injury attorneys in the surrounding counties such as Orange County and Ventura County.

Some personal injury attorneys will negotiate the fee, so it is worth talking about with the attorney you want to retain. An attorney is prohibited by the Rules of Professional Conduct from charging an unconscionable fee, but the contingency fees just mentioned are not considered unconscionable.

There are two exceptions to the commonly charged contingency fees. One exception is when a minor is injured. Generally, the contingency is 25% prior to a lawsuit and 33.33% after the lawsuit is filed. Unlike contingency fee arrangements with adults, a court has to approve the fees to be paid to an attorney. A formal application must be made to the court to approve the settlement and the attorney fees.

The second exception is the contingency fee charged in a medical malpractice case. A California statute sets the maximum percentage that can be charged based on a formula related to the amount recovered.

If you are injured by the negligence of another, you should be represented by an experienced personal injury attorney. At the outset of the attorney-client relationship, make sure the fee agreement is memorialized in writing and that you understand its terms and conditions.

Competent, aggressive legal representation for an injured person is a practical necessity. In Los Angeles, California, insurance companies almost always hire prominent law firms with seasoned litigators to defend a personal injury actions. The injured person should be represented by comparable quality legal counsel.

There are many personal injury lawyers in Los Angeles. And, there are many who have websites advertising for personal injury victims. While websites provide a starting point for retaining a Los Angeles personal injury lawyer, more is required. Here are some tips on how to hire a good personal injury attorney in Los Angeles.

1) Interview the personal injury attorney. Personal injury attorneys give free consultations. Be respectful of the attorney's time while still getting to know the personal injury lawyer's personality and background;

2) Look for an experienced personal injury lawyer. Ask about how many cases the attorney has handled. Find out how many trials, arbitrations, mediations, and settlements he or she has been involved in.

3) Ask the attorney you interview whether he or she will be the attorney handling your case or if it will be another attorney in the firm's office. You want to meet the attorney that is handling your case. Also, ask if your contact person will be the attorney or the attorney's secretary, paralegal or clerk. Prefer the attorney who will personally handle your case;

4) Check out the attorney on the California State Bar website http://members.calbar.ca.gov/search/member.aspx
to see if the attorney has ever been professionally disciplined. Prefer an attorney who has never been disciplined;

5) Ask if the personal injury attorney has professional liability insurance. No one expects trouble at the beginning of a relationship, but mistakes happen. You want to know that the attorney that you are hiring has good business practices including having professional liability insurance;

6) Discuss the attorney fee arrangement. Most personal injury cases are handled on a contingency basis, which means you pay attorney fees only if there is a recovery. Contingency fee percentages are not set by law other than that the fee cannot be unconscionable. Generally, personal injury attorneys charge 1/3 of the gross recovery up until a lawsuit is filed; thereafter, attorneys charge 40% of the gross recovery. Make sure your agreement is in writing as required by the California Business and Professions Code;

7) Make sure you are comfortable with the attorney and feel confident that you will be able to call and talk to the attorney. Ask the the attorney if he or she welcomes client participation. It is your case and you have the right to be involved in any aspect of the case; and,

8) Make sure that the attorney has the time to devote personal attention to your case. Get a commitment on how the case will be handled. Also, be sure that you will be informed about important developments in the case.

Using these tips on how to pick a good personal injury lawyer should help you to make an informed decision on who want to represent you or a loved one in a personal injury claim.

Los Angeles' population ranks higher than the population of 43 states of the United States. With so many people living in the greater Los Angeles area, it is easy to understand why Los Angeles has so many personal injury accidents. And, it is natural for an injured person to ask "How much is my case worth?"

There are analytical approaches that help to answer this questions; however, beyond giving a basic idea, it rarely is sound policy for a personal injury attorney to estimate the value of a case too early. The two most important aspects of a case that must be addressed are 1) liability or fault; and 2) Damages ( medical expenses, lost wages, pain and suffering etc.).

First the personal injury attorney and client should evaluate who is at fault. Fault can be established in many different ways such as admissions by the person who caused the accident, eye witnesses, one's own account of the accident, a police report, violation of a statute to name a few.

When trying a cases in Los Angeles courts, the jury instructions break down damages into two categories 1) economic damages; and 2) non-economic damages. Economic damages include such items as lost wages (past and future), medical expenses (past and future)and property damage. Non-economic damages covers emotional distress damages such as pain and suffering, anger. frustration, anxiety, and worry.

At the outset, it is hard to say how much a case worth. Best advice - be conservative and see how the facts develop and how you recover from the injury. Ultimately, a case is worth what it settles for or what a jury or a judge decide it is. So how much is my case worth? Not really; but you're probably going to have to wait and see.

Los Angeles, California is a huge metropolitan area with a population exceeding 10 million. Los Angeles has some of the busiest streets and highways in the county. Of course, Los Angeles has its fair share of fender-benders and serious, if not fatal car crashes. Everyday there are reports of serious or fatal car wrecks.

Having handled auto accident personal injury cases for more than 26 years in Southern California, and, in particular, Los Angeles, I have learned some important lessons on what to do if someone is in a car accident. The obvious things to do are common sense. Get out the flow of traffic, call 911, check to see if anyone is hurt. Most of this comes naturally; however, there are things that one should do and should not do.

A few things one should not do. 1) Don't admit fault. 2)Other than checking on the condition of others in the accident, keep your mouth shut. 3)Don't flee the scene - that is a crime. 4) Don't drive a car that has substantial damage - get it towed.

A few things one should do. 1) Exchange car insurance information. 2) Take pictures if you have a camera or phone with a camera. Take pictures of the scene, damage to the vehicles, road debris, road signs. 3) Get the names, addresses, and phone numbers of witnesses. 4) Cooperate with the police. 5) Call your insurance company. 6)Call a family member for assistance. 7)Consult with a personal injury attorney.