Farhad Novian | October 5, 2024 | Catastrophic Injury

Under personal injury law, we have personal injury lawyers who protect individuals who have been injured due to someone else’s negligence or wrongdoing. These lawyers help victims seek the compensation they deserve.

Personal injury lawyers handle a wide range of cases, including motor vehicle accidents, workplace accidents, medical malpractice, slip-and-fall accidents, and wrongful death. Typically, personal injury law ensures victims can seek compensation for their medical expenses, lost wages, and emotional suffering. 

At Novian & Novian, we have a team of expert personal injury lawyers who specialize in catastrophic injuries and are always ready to help you tackle your case. From helping you develop a legal plan to navigate the legal process to fighting for the compensation you deserve on your behalf, there is no better legal team for the job! Contact us today! 

This blog post will educate readers on the types of cases personal injury attorneys handle. It will also inform you of the cost of a personal injury lawyer and the process of filing a claim. 

What is Personal Injury Law?

Personal injury law allows individuals who have been harmed physically, emotionally, or financially by the negligence or wrongful actions of another party to seek compensation. The primary purpose of personal injury law is to hold the responsible party accountable and provide financial relief (compensation) to the injured person.

The scope of personal injury law covers slip-and-fall accidents in unsafe workplace environments, defective products that cause harm to consumers, workplace accidents that lead to injuries, and other similar situations. In each of these situations, victims should receive damages for medical expenses, lost wages, and emotional suffering.

One of the common reasons for most of the injuries highlighted above is negligence, and it is a key aspect of personal injury law. Negligence occurs when someone fails to take reasonable care to prevent harm to others. Therefore, once negligence is proven, the negligent party becomes liable for the injuries and damages caused. For example, a driver texting while driving could be considered negligent if it leads to an accident.

What Cases Do Personal Injury Lawyers Take?

Personal injury lawyers handle a wide variety of cases. Some of the most common types of personal injury cases include:

Motor Vehicle Accidents

Motor vehicle accidents are among the most common personal injury claims. These cases could include car accident injuries that can be caused by negligent driving, such as speeding or distracted driving. It could also be motorcycle accidents that often result in severe injuries due to the lack of protection for motorcyclists. 

Another motor vehicle accident case is a truck accident. Typically, collisions with large trucks can cause devastating injuries and complex legal issues involving multiple parties. Similarly, when pedestrians or cyclists are hit by motor vehicles, the results can be catastrophic. 

Workplace Accidents

Personal injury lawyers handle workplace injuries, which often lead to workers’ compensation claims. These include construction site injuries such as falls, equipment malfunctions, and hazardous working conditions.

Workplace accidents could also be industrial accidents. These industrial accidents are injuries that occur in factories or warehouses due to unsafe environments.

Slip-and-Fall Accidents

Slip-and-fall accidents are injuries caused by unsafe conditions on someone else’s property. These injuries could fall under premises liability. 

Common causes of slip and fall accidents include wet floors, uneven surfaces, and poor lighting. These cases often involve determining the liability of property owners. Typically, the average payout for slip-and-fall injury ranges from $10,000 to over $50,000. 

Medical Malpractice

Medical malpractice claims are among the most difficult to pursue. These cases arise when healthcare providers fail to meet the standard of care, leading to severe injuries or death. 

Common medical malpractice cases include misdiagnosis or delayed diagnosis, surgical errors, and birth injuries. All of the above are strictly against the sworn medical code of conduct.

Product Liability

Product liability cases involve injuries caused by defective products, such as automobiles, electronics, or pharmaceuticals. Therefore, we can say personal injury lawyers handle cases related to defective products and product recalls.

These lawyers also handle mass tort cases, where multiple plaintiffs are harmed by the same defective product. Typically, manufacturers, distributors, and retailers can all be held responsible for injuries caused by unsafe products.

Wrongful Death

When a personal injury results in death, a wrongful death claim can be filed by the victim’s family. In such a scenario, personal injury lawyers seek compensation for medical expenses, funeral costs, and the emotional suffering of surviving family members.

Assault and Intentional Torts

Unlike negligence-based cases, intentional torts involve physical assaults or other intentional actions that cause harm. In such cases, personal injury attorneys help victims of assaults seek compensation for medical bills and emotional distress.

Dog Bites and Animal Attacks

Personal injury lawyers also often handle cases involving dog bites and other animal attacks. Typically, state laws govern pet owner liability, making them responsible if their animal causes harm.

Nursing Home Abuse and Child Sexual Abuse

Lawyers also handle sensitive cases involving nursing home abuse or child sexual abuse. These cases can involve physical, emotional, or financial abuse. If you suspect elder abuse, it’s important to consult with an experienced attorney to protect your loved one. Likewise, if you suspect child sexual abuse, you must report it immediately.

Why You Need a Personal Injury Lawyer?

When facing a personal injury case, having an experienced personal injury lawyer is important. Typically, personal injury lawyers have specialized knowledge and expertise in personal injury law and its complex legal processes. They are skilled in handling various types of personal injury claims including car accidents, premises liability, medical malpractice claims, wrongful death cases, and more. Their expertise allows them to assess your case accurately, gather the necessary evidence, and build a strong legal strategy.

It is important to note that not every personal injury attorney has expertise in all areas. Many lawyers specialize in specific fields, such as motor vehicle accidents, spinal cord injuries, or medical negligence. Therefore, you should find a lawyer with the right specialization for your personal injury case. This ensures successful legal representation. 

Personal injury attorneys also help you seek compensation for medical bills, lost wages, and pain and suffering. These medical bills compensation would cover current and future medical expenses resulting from the accident, while lost wages compensate for lost income due to time away from work. As the name implies, compensation for pain and suffering covers the physical and emotional toll caused by your injuries. 

Furthermore, a personal injury lawyer serves as your legal representation against insurance companies. Typically, dealing with insurance companies can be one of the most challenging aspects of a physical injury claim, as insurance companies often try to minimize payouts. Without proper legal representation, you may end up with less compensation than you deserve. However, an experienced personal injury lawyer can negotiate directly with the insurance company on your behalf, ensuring that your rights are protected and that you receive a fair settlement.

How Much Does a Personal Injury Lawyer Cost?

Personal injury lawyers typically work on a contingency fee basis. This means you do not pay any fees upfront. Instead, the lawyer only gets paid if they win your case or secure a settlement on your behalf. The contingency fee is a percentage of your compensation, often ranging from 33% to 50%, depending on factors such as case complexity, whether the case goes to trial, and the lawyer’s experience.

For example, if you settle a case for $100,000, and your attorney charges a 35% contingency fee, they would receive $35,000. Some cases may have a higher contingency fee (up to 45-50%) if they go to trial.

Additional costs, such as court filing fees, expert witness fees, or costs for obtaining medical records, may either be covered by the lawyer upfront or deducted from your settlement, depending on the fee agreement. These costs are often taken into account either before or after the lawyer’s fee is calculated, which can influence the amount you receive.

In cases where the attorney doesn’t win, most firms won’t charge you for legal fees. However, some may require reimbursement for case-related expenses. It is always best to clarify this with your lawyer beforehand.

The Process of a Personal Injury Claim

The process of a personal injury claim involves several critical steps to ensure you receive fair compensation for your injuries. The process often starts with you seeking medical attention as your health is the top priority. After an accident, get immediate medical care to treat your injuries and ensure proper documentation. This will serve as evidence for your personal injury claim.

Next, you need to document the incident by gathering as much information as possible at the scene. This includes taking photos, collecting witness statements, and noting down details of the accident. Evidence like this strengthens your personal injury case.

Then, it is time to consult a personal injury attorney. They will provide expert advice on personal injury law, handle negotiations with the insurance company, and help you seek compensation for medical bills, lost wages, and pain and suffering. Therefore, make sure to choose one that specializes in your specific injury. At Novian & Novian, we have various specialists and expert lawyers on personal injuries. Contact us now for a free case evaluation. 

After you have gotten a personal injury lawyer, you need to inform the at-fault party’s insurance company about the accident. When you do this, provide basic information but avoid detailed statements. Your personal injury attorney will handle the bulk of the conversation with the insurance company as these companies often look for ways to minimize your compensation.

In addition, your personal injury attorney will gather evidence like medical records, bills, police reports, and employment records. They will also work to prove negligence and liability, ensuring to build a strong case.

It is important to work with your attorney to calculate the full extent of your damages, including economic damages (medical expenses, lost wages) and non-economic damages (pain, emotional distress). Once damages are calculated, your lawyer will send a demand letter to the insurance company outlining your injury claim and requesting compensation.

The insurance company will likely respond with a counteroffer. Then, your attorney will negotiate on your behalf, ensuring you receive fair compensation for your injuries. Typically, most personal injury cases settle at this stage.

However, if negotiations fail, your attorney will file a personal injury lawsuit to take your case to court. This is where having an experienced personal injury lawyer becomes important, especially if your case involves complex issues like medical malpractice, wrongful death, or product liability. 

Need a Experienced Personal Injury Lawyer?

Personal injury lawyers handle a wide variety of cases, including motor vehicle accidents (car, motorcycle, truck, bicycle, pedestrian), workplace injuries, slip-and-fall accidents, medical malpractice, product liability, wrongful death, and even cases involving dog bites or nursing home abuse.

If you or a loved one has suffered harm due to someone else’s negligence, consulting an experienced personal injury lawyer is important. These personal injury lawyers help to seek compensation for medical bills, lost wages, and emotional distress.

If you are in need of legal help, Novian & Novian is here to help you through the process. We have some of the best personal injury lawyers in Los Angeles, and are ready offer a free consultation to evaluate your case and help you navigate the legal process. Contact us today!