Basically, what a personal injury lawyer does is to give legal representation to aggrieved parties who are involved in accidents. They may claim to have been traumatized by the incident, or actually suffer physical injuries resulting from the said accident. The focus of a personal injury attorney Los Angeles is an area in law which is called the tort law. The law can be divided into two sections, particularly the intentional acts and the negligent acts. The goal of a personal injury attorney is to gain compensation for the victim to recoup the damages incurred unto him or her due to the accident.
Types Of Cases That A Personal Injury Attorney Los Angeles Deals With
Though not all the time, a personal injury case normally involves other people committing a negligent act. There are a lot of different kinds of usual accidents that should fall under the expertise of a personal injury attorney. The most common ones that are usually brought to a personal injury attorney’s office are those that result from vehicular accidents. This includes cases where the victim is a pedestrian and is hit by a moving vehicle. Or, if a vehicle irresponsibly drives and hits the victim’s vehicle in the process. It does not matter what type of vehicle is involved in the accident, be it an automotive, a motorcycle or a truck. However, damage claims can jump based on the type of license that the driver carries or should carry but have not. For instance, a reckless truck driver would be easier to litigate as they are expected to be more responsible drivers. While, on the other hand, a claim from a bike rider, granted that the damage done was minimal may only generate a small claim as well. Though the most common, there are other types of accidents that personal injury attorneys have to deal with as well. In the same breadth, as vehicular accidents, personal injury attorneys may also handle other kinds of transportation accidents. It includes simpler ones like, bicycle accidents wherein the victim may be the bicycle rider or a pedestrian. And in some rarer cases, both the victim and the aggressor are both bicycle riders. Other accidents that involve a large amount of people are accidents in mass transport like derailed trains or accidents in aviation. Accidents in cruises and other big ships fall under this category as well. And finally, there are real examples where personal injury attorneys have to deal with pedestrian accidents.
So far, the examples that were given focus on people in motion and the accident brought upon thereof. But there are also incidents that happen due to the negligence of a property owner upon his or her property. Property owners are binded by what is called as the premise liability. For example, a restaurant owner who has lax security on his establishment may be sued for negligence should a customer be attacked by assailants while dining under the care of the restaurant. Safety regarding the establishment’s physical features itself may also be a cause of one’s injury. If the stairs are wet and a customer slips and falls down on it or if a child is hit by a rotating door or trapped in an elevator. These are the types of responsibilities that are often tied to the owner of properties. If the owner fails to meet the safety standards set by government institutions which resulted to an accident, then he or she may be subject to personal injury claims.
Personal injury attorneys will also take up cases which involve irresponsible pet owners. The pet may attack a person or damage a property. This will make the owner liable for the damages that the pet has incurred. Another particular type of incidents that are often brought to the attention of personal injury attorneys are those that involve healthcare facilities. There have been a lot of complaints in nursing homes and other similar establishments. Abuses among the elderly and those that need special attention are common in these facilities which are then reported to personal injury attorneys by their relatives, friends, or even by themselves. Under the umbrella of medicine, medical practitioners like doctors and dentists in hospital and clinics can also be charged with medical malpractice and litigated by personal injury attorneys.
The Types of Compensation That Personal Injury Attorney Los Angeles Goes After
The plaintiffs in cases of personal injury claims, if decided by the court, may be entitled for compensation. The amount normally reflects the damage they suffered resulting in injury. Should the incident result in a death, then the claimants may be the family members of the deceased. The personal injury attorney can claim several types of damage compensation from the defendant. This can include direct expenses or loss resulting from the accident like, for example, medical expenses or if the person is unable to perform his or her profession then the loss of income. A separate but related claim is the loss of earning capacity. Other forms of damages that the court also considers are related to the victim’s emotional distress like the loss of companionship in cases where the bereaved is a romantic partner of the claimant. Or loss of enjoyment of life should the injury result in one’s inability to do functions like sexual acts or other similar endeavors. And finally, the simple pain wrought upon by an accident can be it physically, mentally or emotionally can be sufficient grounds for a claim.
What A Personal Injury Attorney Los Angeles Does
The personal injury attorney would normally have to classify first the type of the claim and then substantiate it. Any further actions would then be largely dependent on the type of the case. The personal injury attorney can also choose not to take the case if he or she feels as though it sways far from his or her specialty. In most instances, however he or she will recommend another personal injury attorney should he or she find sufficient merit in the case.
