Downey Personal Injury Lawyer
Personal Injury Attorney in Downey, CA
Whether you’ve been in a car accident or experienced medical negligence, being injured by someone else’s reckless, careless, or even malicious actions is incredibly difficult to deal with. It’s a new level of frustration knowing that if not for their actions (or lack of action), you would not be experiencing the pain or financial losses you must now live with. The law understands that it’s unfair for you to cover financial and emotional losses that you suffered at the hands of another.
Personal injury insurance claims or lawsuits allow victims to hold the at-fault party financially responsible for the harm their actions have caused. Setareh Law is a personal injury firm with experience handling various cases, from medical negligence to dog bite claims. Our attorneys have the expertise, resources, and skills to help our clients’ claims reach favorable outcomes. Contact our firm today to get started on your personal injury claim.
Do You Have Grounds for a Personal Injury Claim?
Personal injury refers to a civil lawsuit or insurance claim filed when a person suffers emotional, physical, psychological, or financial harm at the hands of another person’s actions. In California, individuals can be held liable for intentionally or negligently harming another person. Common examples of personal injury cases include:
- Slip-and-fall accidents
- Injuries from commercial trucks
- Premises liability claims
- Motor vehicle accidents
- Motorcycle Accidents
- Wrongful death lawsuits
- Product liability claims
In these cases, an injured party sues or files an insurance claim against another person or entity to recover damages. To recover damages, the injured party must be able to prove the following:
Duty of Care
Legally, almost everyone, including governmental entities, owes others a “duty of care.” Duty of care is the idea that people, businesses, property owners, government agencies, etc., must behave the same way a reasonable party would in similar circumstances to avoid causing harm.
For instance, property owners must maintain their property in a way that a reasonable person would ensure that no one who steps onto the property is injured. Also, drivers, pedestrians, cyclists, and anyone else on the road owe one another a duty to act in a way that a reasonable person would ensure they don’t harm others on the road.
Breach of Duty
When property owners, drivers, or business owners fail to exercise this reasonable care, they are violating their duty of care. Any action or lack of action that falls under the standard of a reasonable person’s action to prevent harm is called breaching the duty of care.
Property owners who don’t warn people of slippery floors, drivers who fail to use their turn signal, and businesses that don’t meet regulation standards are breaching their duty of care and can therefore be held liable for any injury or harm that results from their breach.
Causation is creating a link between the at-fault party’s breach of duty of care and the accident that occurred. Generally, this means proving that if not for the breach, the victim would not have suffered the harm or loss that they’re now experiencing.
A successful personal injury claim requires proving that the victim suffered emotional, physical, or financial losses that the at-fault party is responsible for covering. In personal injury cases, a victim may be able to recover the following damages:
- Medical expenses
- Lost wages and future earnings
- Property damage
- Pain and suffering
The amount of damages and the type of damages available will depend on the type of personal injury case and the circumstances of the case.
How to File a Personal Injury Lawsuit in Downey, California
When insurance claims or settlements don’t cover the full cost of your damages, you can file a personal injury lawsuit against the at-fault party. Personal injury lawsuits encompass claims for damages to an individual’s health, emotional well-being, and reputation. If a court finds the at-fault party negligent, you are entitled to compensation for your injuries and related losses. The process for seeking compensation depends on how and where you were injured.
Motor Vehicle Accidents
Following a car accident, you may recover compensation first by filing a claim with the at-fault driver’s insurance. However, if their insurance company fails to offer a fair settlement, then your case moves to the civil court system, where a judge decides whether you should or shouldn’t receive compensation.
Injuries on Private or Public Property
Depending on the kind of property where the injury occurred, you may need to file an insurance claim with a homeowner’s association, government agency, or business. It’s important to keep in mind that premises liability claims against the government have a very short statute of limitations. You are required to file a claim within six months of the date of the accident if government property is involved.
Product Liability Claims
Product liability cases can be some of the most complex types of personal injury cases because it’s common for there to be more than one liable party. In these cases, a lawsuit can be filed against anyone in the chain of manufacturing that was negligent. This can range from the designer of a product to certain employees in a retail store.
Need a Downey Personal Injury Lawyer? Contact Setareh Law Today
Each personal injury case is unique and requires personalized attention. At Setareh Law, we know that no two personal injury cases are the same. We pride ourselves on giving our clients the personalized legal care they need. Personal injury law is complex and insurance companies as well as other at-fault parties can sometimes use that against victims. We make sure that our clients have the information they need to make informed decisions and that they’re not taken advantage of by someone who knows more about the system than they do.
At Setareh Law, our job is to be your representative and pursue the outcome that best benefits you. We are committed to our clients and helping them find the resolution they deserve. Feel confident that your legal team has your best interests at heart by working with our team. Schedule a consultation with us today by calling (310) 659-1826 or completing our online contact form.