Personal Injury

Every day Personal Injury claims are filed by people in Los Angeles who were injured as a result of the negligent act of another. The injury may be either physical or emotional, and can result from a many different types of conduct. The most frequent personal injury case results from an automobile accident. Other personal injury cases arise from motorcycle accidents, truck accidents, slip and fall, product liability, and assaults and battery. The legal purpose of such claims is to place the injured party in the same position they were in prior to the bad act (negligence). The majority of the time, the law imposes financially liability on the negligent party. The court system can only compensate a victim in monetary amounts and cannot undo the bad act. The injured party would then receive compensation for the harm suffered as a result of the negligent party.

If you have been injured in a car accident, you will need to prove that someone was negligent and that their negligence caused you harm.

The law in California defines “negligence” as the failure to use reasonable care to prevent harm to oneself or to others.”, CACI 401.  Negligence has also been defined as "conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.", Restatement Second of Torts.

Many reasons can cause an auto accident, and sometimes there is more than one reason which contributed to the auto accident. Some of the more common reasons for automobile accidents include the following:

Driving too fast:  Unsafe speed for conditions

Driver inattention:  Failing to stop for posted stop sign or traffic light

Driver not paying attention:  texting, talking on the phone, talking with passengers, eating or grooming in the car, dealing with children or pets in the back seat, or attempting to retrieve dropped items)

Driver impaired:  due to exhaustion, medical condition, drugs or alcohol

Roadway conditions:  pot holes, debris on roadway, other vehicles stopped on roadway, oil or some other substance on the roadway

Vehicle problems:  tire malfunction, steering problem, brake problem, transmission problem, or even a windshield abnormality

If you have been a victim of an automobile accident, and injured by such an accident, you may be able to recover damages against the negligent driver for lost wages, property damage, medical costs, future losses and pain and suffering. It is advisable for you to consult with an experienced accident lawyer before proceeding with a claim for negligence.

Even if the responsible party had no insurance, you may still be entitled to compensation for your damages from your own insurance company, if you had uninsured motorist. The filing of such a claim, should not affect or influence your own insurance, including any premium.

Of course you are free to represent yourself in such a claim, however, it is unlikely that you would know what would fairly compensate you for all the harm suffered by the negligence of the other party. Experience shows that the insurance companies do not treat unrepresented claims fairly and take advantage of the fact that the injured party is unrepresented. Therefore, it is in your best interest to speak with a Los Angeles personal injury attorney who can best advise you as to the fair value of your damages, which you suffered as a direct result of the other party’s negligence.

If you or someone you know has been injured by the careless actions of another, we invite you to contact the Law Offices of Neil M. Howard in Santa Monica, California, at once to find out how we can help you enforce your rights.