Laguna Hills Personal Injury Lawyer

Accidents happen, and sometimes they are unavoidable. But in many cases, these accidents are completely preventable if one or more of the people involved had behaved in a responsible and appropriate manner. Carelessness, recklessness, and negligence can lead to dangerous circumstances that may cause physical harm to another person.

When someone is injured as a result of another person’s negligence, the injured person may be able to obtain financial compensation for medical expenses and other damages associated with the accident. If a person dies in an accident, surviving family members may also be able to receive a judgment or settlement to help pay for funeral and burial expenses and to compensate for the lost income of the deceased loved one.

A trustworthy personal injury lawyer can help injured people and their families to gain a measure of justice through financial recovery.

Personal Injury Accidents

Any type of unintentional injury is a personal injury accident. Typically, when people refer to personal injury accidents, they are talking about a preventable accident caused by someone’s negligence or reckless action. For example, a distracted driver who causes a motor vehicle accident that seriously injures someone else is likely to be held liable through a lawsuit. A personal injury attorney in Laguna Hills can help to prove negligence and seek damages in these cases.

The top three causes of unintentional injury deaths are as follows:

  • Unintentional poisoning
  • Motor vehicle accidents
  • Falls

Each of these deaths (or injuries resulting from an accident) may be the result of someone else’s negligence.

For example, unintentional poisoning—often through drug overdose—may be the result of medical malpractice or defective products. Car accidents, pedestrian accidents, motorcycle accidents, and truck accidents are almost without fail caused by driver error, whether through distraction, reckless driving, or even impaired driving. Slip and fall accidents may involve premises liability, in which the fall was caused by inadequately maintained property and failure to warn of and protect against dangers. Nursing home abuse can become apparent in some personal injury cases, as well as wrongful death or an accident while at work.

Common Injuries Leading to a Claim

People injured in accidents sustain a wide variety and degree of injuries–from mild concussion to traumatic brain injury (TBI), from cuts and bruises to catastrophic injuries, from whiplash to devastating spinal cord injury.

Personal injury lawsuit claims commonly involve the following types of injuries:

Even minor injuries can accumulate medical bills and lost wages from time off work, and catastrophic injuries can lead to a lifetime of therapeutic, palliative, and rehabilitative care. In addition to the pain of physical injuries, a person involved in a serious accident may also have severe emotional difficulty, including anxiety and depression.

Proving Another Party Was Negligent

A successful personal injury case requires the claimant to prove their injuries resulted from another party’s negligence. Legal negligence is a lack of reasonable caution or care that causes an injury to someone else.

A Laguna Hills accident attorney could investigate the circumstances of an injury, looking for evidence of negligence. Any indication that a party violated the law, ignored a safety standard, failed to warn of a hazard, or deferred maintenance on property could be evidence of negligence.

Several parties’ negligence might combine to create a situation that results in an injury. In such cases, a claimant could hold each party liable for a portion of their damages. Seeking damages from multiple negligent parties could lead to a better outcome for an injured plaintiff.

Plaintiff Must Prove Their Damages

A person who is seeking damages must present evidence that their injuries caused them actual losses. For some damages, the proof is straightforward. Health insurance records, medical bills, personnel files, tax filings, and similar documents could establish how much the injury cost someone out-of-pocket.

Damages also could cover the future expenses someone might incur due to their injury. For example, an injury might need ongoing treatment or surgical intervention in the future. A plaintiff with a severe, permanent injury might require home healthcare or personal care support. A medical expert could testify about the extent of the future medical treatment the claimant might require and its cost. If the claimant cannot return to their job, then an economist could testify about how much the injury diminished the claimant’s future earnings.

A plaintiff also could claim compensation for their diminished quality of life. Damages could provide compensation for pain, disfigurement, disability, emotional trauma, lost ability to enjoy life, and loss of companionship. A Laguna Hills personal injury attorney could present testimony from the plaintiff, their family members, and associates to prove the impact that the accident had on their lifestyle and relationships.

Statutes Define the Time to Take Action

Every state has laws that set limits on how much time may pass between an event and filing a lawsuit. In California, someone pursuing a claim for personal injuries must file a lawsuit within two years of the accident that caused the injury. There are limited exceptions to this law, but consulting a diligent personal injury attorney soon after the incident is the most effective way to preserve the right to sue.

If the injury resulted from medical negligence, California Code of Civil Procedure § 340.5 requires a patient to bring a medical malpractice action within three years of the injury or within one year of the date they discovered, or should have discovered, the medical error.

If a local government might be liable for an injury, the claimant must file a notice detailing the incident that generated the claim within six months of the injury. Someone who fails to file the notice of claim on time loses their right to sue the unit of government.

Contact a Laguna Hills Personal Injury Attorney for More

Trying to handle one’s physical and emotional wellness while facing medical expenses and lost income can be extremely stressful. Working with a Laguna Hills personal injury lawyer can give you the peace of mind that comes from knowing someone is fighting for you. To learn more, contact a skilled attorney today.