Suffering an injury in Los Angeles because of another person’s careless or reckless behavior can disrupt your daily life and financial stability. Medical bills, missed work, and lasting pain can make recovery harder than it should be.
A Los Angeles personal injury lawyer from Greenberg Gross can help you hold the responsible parties accountable and seek fair compensation for your losses. Our attorneys focus on protecting injured individuals throughout the Los Angeles area and helping them move forward after life-changing accidents.
Contact us today for a free consultation and learn of your options for obtaining maximum compensation.
Key Takeaways: Los Angeles Personal Injuries
California’s pure comparative negligence rule allows injury victims to recover damages even if partially at fault, with compensation reduced by their percentage of fault
Victims can pursue both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) without statutory caps in most personal injury cases
California law requires all drivers to carry minimum liability insurance, but underinsured motorist coverage protects victims when at-fault parties lack adequate coverage
Documentation including medical records, accident reports, and witness statements significantly strengthens claims under California’s personal injury evidence standards
What Is a Personal Injury Claim in California?
A personal injury claim allows someone hurt by another party’s negligence to recover financial losses and damages. These claims cover a wide range of accidents and injuries in Los Angeles.
California’s Legal Definition of Negligence
Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, a plaintiff must show:
Duty of care: The defendant had a legal obligation to act safely.
Breach of duty: The defendant acted carelessly or failed to meet that duty.
Causation: The breach directly led to the injury.
Damages: The injury resulted in financial or non-financial harm.
Types of Personal Injury Cases We Handle in Los Angeles
Our firm handles a variety of personal injury claims in Los Angeles, including:
Car Accidents
Car accidents happen every day in Los Angeles, from the 101 Freeway to smaller neighborhood roads in Silver Lake or East LA. Common causes include distracted driving, speeding, and driving under the influence. Victims often deal with medical bills, time away from work, and vehicle repair costs.
Truck Accidents
Truck accidents in Los Angeles often occur near busy commercial routes like the I-5 and I-710. Large trucks can cause catastrophic damage when drivers are fatigued, improperly trained, or when companies ignore safety regulations. These cases frequently involve multiple parties such as the trucking company, cargo loaders, or manufacturers of faulty vehicle parts.
Motorcycle Accidents
Motorcyclists in Los Angeles often face unique risks in areas like Hollywood, Venice, and Echo Park. Drivers who fail to check blind spots or yield at intersections cause many of these collisions. Motorcycles offer little protection, so injuries are often severe, ranging from broken bones to head trauma. Evidence like helmet damage, skid marks, and dashcam footage can help prove liability.
Slip and Fall Accidents
Property owners throughout Los Angeles must keep their spaces safe for visitors. When they don’t, serious injuries can occur in places like grocery stores, apartment complexes, or public parks. Wet floors, broken stairs, and uneven sidewalks are frequent causes.
Wrongful Death
Losing a loved one because of someone else’s carelessness leaves families with grief and financial strain. Wrongful death cases in Los Angeles may arise from car crashes, unsafe workplaces, or dangerous property conditions. Surviving family members may recover costs such as funeral expenses and lost financial support, along with recognition of the personal loss they’ve endured.
How Does California’s Comparative Negligence Rule Affect My Case?
California’s pure comparative negligence system assigns responsibility to each party based on their percentage of fault. Under this rule, even if you’re partly responsible for an accident, you can still recover damages. Your compensation simply decreases by your level of fault.
For example, if you’re awarded $100,000 but found 25 percent at fault, you would receive $75,000. This approach ensures fairness by holding all parties accountable for their share of responsibility.
Defending Against Allegations of Shared Liability
Insurance companies sometimes try to shift blame onto injured individuals. Your attorney can use evidence such as witness statements, camera footage, and accident reconstruction to dispute unfair accusations.
What Types of Damages Can I Recover?
Damages in California personal injury cases fall into three main categories.
Economic Damages
Economic damages cover the measurable financial impact of an accident. These are losses that can be proven with bills, receipts, pay stubs, and other documentation.
Common types of economic damages include:
Medical expenses: This includes the cost of hospital visits, surgeries, medications, rehabilitation, and ongoing treatment. Future medical care for long-term or permanent injuries can also be included.
Lost wages: If your injuries keep you from working, you can recover the income you would have earned during your recovery period.
Loss of earning capacity: Some injuries make it impossible to return to your previous job or career. In these cases, victims may seek compensation for reduced future income.
Property damage: This covers the cost to repair or replace items damaged in the accident, such as a vehicle or personal belongings.
Out-of-pocket expenses: Costs related to the injury, such as transportation to medical appointments, in-home care, or assistive equipment, may also qualify.
Each of these categories requires detailed records. Keeping organized documentation helps your attorney show how much the accident has truly cost you financially.
Non-Economic Damages
Non-economic damages recognize the personal, non-financial effects of an injury. These are often harder to quantify but just as significant. They reflect how an injury changes your day-to-day life, relationships, and sense of well-being.
Examples include:
Pain and suffering: This covers the physical pain and emotional distress you experience during recovery and beyond.
Loss of enjoyment of life: Serious injuries may prevent you from participating in hobbies, sports, or family activities you once enjoyed.
Emotional distress: Psychological effects such as anxiety, depression, or post-traumatic stress can develop after traumatic events like car crashes or severe falls.
Loss of companionship: When injuries affect a person’s ability to maintain normal family relationships or intimacy, their spouse may have a separate claim known as loss of consortium.
When Punitive Damages May Apply Under California Civil Code
Courts may award punitive damages when the defendant acted with malice or extreme recklessness, such as in DUI-related crashes or intentional assaults.
How Long Do I Have to File a Personal Injury Lawsuit?
In most cases, you have two years from the date of injury to file a lawsuit. Missing this deadline usually prevents recovery.
Exceptions to the Standard Deadline
Claims against government entities, such as accidents involving city vehicles, require filing an administrative claim within six months.
Discovery Rule for Delayed Injury Awareness
If injuries aren’t immediately apparent, the two-year period may begin once you discover or should have discovered the harm.
How Is Pain and Suffering Calculated in California?
Valuing non-economic damages involves more than adding up receipts. Attorneys and insurers often use one of the following methods to calculate damages:
Multiplier method: This approach multiplies the total economic damages by a number that reflects the severity of the injury. For example, a mild injury might use a multiplier of 1.5, while a catastrophic injury could use a multiplier of 5 or higher.
Per diem method: This method assigns a daily value to your pain and suffering, then multiplies that value by the number of days you’re expected to experience pain. For instance, if the daily rate is $200 and your recovery lasts 150 days, the total would equal $30,000.
Neither method is legally required, and both rely on strong evidence showing how the injury affected your life. A skilled Los Angeles personal injury lawyer can present that evidence clearly and convincingly.
What Should I Do Immediately After an Injury?
Taking the right steps early can protect your claim.
Seeking Medical Attention and Documenting Injuries
Get prompt medical treatment even if you feel fine. Some injuries, like concussions or internal bleeding, don’t show symptoms right away. Keep copies of all records and bills.
Preserving Evidence at the Accident Scene
Take photos, gather witness contact information, and keep physical evidence such as damaged clothing or vehicles.
Reporting Requirements Under California Law
Report car accidents to law enforcement and your insurance company. Businesses or property owners should also be notified after on-site accidents.
Avoiding Common Mistakes That Harm Your Claim
Avoid admitting fault or giving recorded statements to insurers before speaking with an attorney. Social media posts can also harm your case if they contradict your injury claims.
How Do Insurance Companies Handle Personal Injury Claims?
Insurance companies often protect their bottom line first.
California’s Minimum Insurance Requirements
Drivers must carry at least $15,000 per person for injury, $30,000 per accident, and $5,000 for property damage. Unfortunately, these limits rarely cover serious injuries.
Dealing with Insurance Adjusters
Adjusters may offer low settlements or question your injuries. A lawyer can handle these discussions to prevent you from accepting less than you should.
Bad Faith Insurance Practices
Sometimes, insurers delay claims, deny valid coverage, or misrepresent policy terms. These actions may justify a separate bad faith claim.
Underinsured and Uninsured Motorist Coverage
Your own policy may include coverage that applies when the other driver lacks adequate insurance, providing another avenue for recovery.
What If the At-Fault Party Has No Insurance?
Uninsured drivers remain a problem in California.
Options for Recovery in Uninsured Accidents
You may file a claim through your uninsured motorist coverage or seek compensation through other available policies.
Your Own Insurance Policy Protections
Personal injury protection (PIP) or medical payments coverage can help pay medical costs regardless of fault.
Direct Legal Action Against Negligent Parties
If the at-fault person has assets, your attorney may pursue a judgment to recover damages through wage garnishment or property liens.
How Our Attorneys Can Help
The attorneys at Greenberg Gross dedicate themselves to helping accident victims in Los Angeles pursue justice and accountability.
Thorough Investigation and Evidence Collection
We gather medical records, witness statements, accident reports, and expert evaluations to build a strong case.
Negotiating with Insurance Companies
Our team manages communication with insurers and works to secure a fair settlement that reflects your true losses.
Calculating Full Damages and Future Losses
We assess not just immediate medical expenses but also future care needs, income loss, and the long-term effects of your injuries.
Representation in Court
If settlement negotiations fail because the insurer refuses to act in good faith, we’re ready to present your case in court and seek a verdict in your favor.
Contingency Fee Arrangement
We handle personal injury cases on a contingency fee basis, meaning you won’t owe attorney fees unless we recover compensation for you through a settlement or judgment.
Frequently Asked Questions About Personal Injury Claims in LA
Do I need a lawyer for a minor injury claim?
Yes. Minor injuries may still cause significant medical expenses or time off work. A lawyer can evaluate whether the insurance company’s offer reflects your actual losses.
Can I still file a claim if I was partially at fault?
Yes. California’s comparative fault rule allows recovery even when you share some responsibility, though your damages decrease by your percentage of fault.
What if the accident happened on government property?
Claims against public entities follow strict procedures and shorter deadlines, so quick legal action helps preserve your right to compensation.
How much is my personal injury case worth?
Each case differs. Value depends on medical costs, lost income, severity of injuries, and evidence supporting your claim.
Will my case go to trial?
Many cases settle before reaching court. However, if the at-fault party or insurer refuses to offer fair compensation, a trial may be necessary.
Contact Our Personal Injury Attorneys in Los Angeles Now
Personal injury cases in California come with strict deadlines and specific evidence requirements. Acting quickly helps preserve your right to pursue compensation.
Greenberg Gross has the knowledge and resources to investigate your case, negotiate with insurers, and take legal action when necessary. Call (213) 334-7000 today for a free consultation about your injury claim.
Our Los Angeles Personal Injury Office Location
Address: 601 S Figueroa St 30th floor, Los Angeles, CA 90017 Phone: (213) 334-7000
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