Personal Injury

PERSONAL INJURY

A personal injury claim involves a wrongful act or violation of civil rights, where the wrongdoer is liable for your damages. Personal injury covers a broad range of injuries, including physical injuries and emotional injuries. Here are some of the common personal injury cases:

Vehicle accidents
Pedestrian accidents
Scooter accidents
Golf cart accidents
Bicycle accidents
Sidewalk slip and falls
Hospital related injuries
Construction related injuries
Dog bites
Hotel accidents
Stairwell accidents
Restaurant accidents
Food Poisoning
Work injuries
Sexual assault
Catastrophic Injuries and Wrongful Death

Generally, when you are injured as a result of another party’s conduct, they are responsible for your damages if you can show (1) liability and (2) damages.

LIABILITY

Liability is essentially proving that the party who caused the injury or harm to you owed you a duty of care to act as a reasonable person and their failure to act as a reasonable person caused your injury. Simply stated, but for their wrongful conduct, you would not have been injured.

The issue of liability is the most complex component of a claim because the other party will generally dispute any wrongdoing. Oftentimes, there may be more than one party responsible for your injuries.

DAMAGES

If you prove another party is liable for your injuries, you can recover compensation for your losses. The worth of your case is entirely dependent on the facts of the case. Generally, you may be able to recover the following damages:

As in all our personal injury case, we carefully select and assembles a multidisciplinary team of medical, rehabilitative, and life care planning experts to not only offer proof of damage claims, but also be helpful in promoting your physical recovery, and in helping adapt to the difficult realities of an uncertain prognosis or a permanent disability.

STAGES OF LITIGATION

Every personal injury case is different, from the parties involved to the facts of the case and the outcome. When you are injured and are seeking compensation against the wrongdoers, here is an outline of the litigation process towards receiving compensation:

Consulting with an attorney:

The first step is to consult with an attorney. We recommend you consult with multiple attorneys before selecting an attorney because going through a lawsuit can be stressful, so it is important to feel confident and comfortable with your attorney.

Investigating your case:

After selecting an attorney (we hope you pick us!), the attorney will investigate your case and prepare a litigation strategy based on the facts of your case.

Early resolution:

Sometimes, you can avoid filing a lawsuit if you and the other party can resolve the case before a lawsuit is filed. Your attorney will demand that the other party and/or their insurance company compensate you for your injuries, or a lawsuit will be filed. Depending on the response by the wrongdoer and/or their insurance company, resolving a case before litigation may be in your best interest if the compensation you receive is fair.

Filing a lawsuit:

Where early resolution is not an option, the next step would be to move forward and file a lawsuit. The defendant or the wrongdoer will now have to appear and defend the case against them. Generally, if the defendant has insurance, their insurance company will hire an attorney to represent their insured.

Discovery:

After a lawsuit is filed, both sides will begin “discovery” – which is a formal investigation into your allegations. Generally, discovery allows the parties to request that the other party answer questions relating to the lawsuit or request documents be produced. Discovery also allows the parties to take depositions of the parties and any witnesses. The discovery process is one of the most critical parts of litigation and can take anywhere from a few months to years to complete.

Mediation:

During discovery or at the completion of discovery, the parties may agree to attend mediation with a third-party neutral or mediator to engage in meaningful negotiations to resolve the case through a settlement.

Trial:

After completion of discovery, and if the parties still cannot come to an early resolution, the parties will then prepare for trial.

Not all of the above steps will be applicable to your case, as every personal injury case is unique and requires a custom litigation plan to prepare for early resolution or success at trial.

HOW LONG DO I HAVE TO FILE A CLAIM?

California law provides a “cut-off” or statute of limitation for filing any claims for personal injury. In car accident cases, you have two years from the date of the accident to file a claim for the injuries you suffered, and you have three years from the date of the accident to file a claim for property damage.

Statute of limitations can be tricky as there are no exceptions to this rule but there may be times where the “clock hasn’t started” until you discover your injury. It is important to speak to a qualified attorney to understand your rights to a claim.

YOU PAY NO FEES UNTIL WE GET YOU COMPENSATED

At the Zolfaghari Law Firm, all of our personal injury cases are handled on a contingency basis. That means you don’t pay unless we win a recovery for you, and our fee is simply a percentage of your recovery. We shoulder all the work of securing your financial recovery. Contact us to find out more about our services and our firm.